DCIT, CIR-6(1), KOLKATA, KOLKATA vs. M/S INDIA CITY PROPERTIES LTD., KOLKATA

In the result, the revenue’s appeal for A

House Property”. I find that the fact that the appellant had let out the properties to M/s. KCT & Bros (Coal Sales) Limited more than 3 to 4 decades ago is not in dispute. This fact has been admitted by the AO in his remand report as well. I therefore find that the bonafide of the tenancies of M/s. KCT & Bros

DCIT, CIR-6(1), KOLKATA, KOLKATA vs. M/S INDIA CITY PROPERTIES LTD., KOLKATA

In the result, the revenue’s appeal for A

House Property”. I find that the fact that the appellant had let out the properties to M/s. KCT & Bros (Coal Sales) Limited more than 3 to 4 decades ago is not in dispute. This fact has been admitted by the AO in his remand report as well. I therefore find that the bonafide of the tenancies of M/s. KCT & Bros

DCIT, CIRCLE - 11(1), KOLKATA, KOLKATA vs. M/S. GRAPHITE INDIA LTD., KOLKATA

In the result, considering the discussions made above, the appeal filed by the Revenue is partly allowed and the cross objection filed by the assessee are dismissed

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

house expenses etc. were not considered in the profit and loss account of the power units. Thereafter, ld. AO proceeded to allocate such expenses to the power undertakings on an ad- hoc basis on a formula worked out by him. The ld. CIT(A) was persuaded by the arguments that all expenses considered for allocation here

ACIT, CIRCLE - 2(1), , KOLKATA vs. TCG URBAN INFRASTRUCTURE HOLDINGS PVT LTD.,, KOLKATA

Accordingly, the same is dismissed

Bench: Shri Sanjay Garg & Dr. M.L.Meenaआयकर अपील सं.य/

House property. However, as the same have been claimed as a deduction under the head of business income and receipts disclosed under that head, I see no good reason for the impugned disallowance. The action of the Ld. AO in the matter is therefore held to be unsustainable in the facts of the case, and is directed to be deleted

VINEET BAJORIA,KOLKATA vs. ITO, WARD 45(4), KOLKATA

In the result, both the appeals are allowed

Bench: S/Shri & Rajesh Kumar & Pradip Kumar Choubeyita Nos.228, 229, 230 & 231/Kol/2025 Assessment Year : 2013-14 Vineet Bajoria, C/O. S.N.Ghosh Vs. Ito, Ward 45(4), Kolkata & Associates, Advocates, 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kolkata Pan/Gir No. Adupb 1299 F (Appellant) .. ( Respondent) Assessee By : Shri Somnath Ghosh, Adv Revenue By : Shri S.B.Chakraborthy, Sr Dr

house property on which interest was paid to the tune of Rs.4,36,922/-, which was claimed u/s.24(b) of the Act as deduction. The certificate from ICICI Bank to this effect is placed at page 18 of paper book. Therefore, we set aside the order of ld CIT(A) and direct the Assessing Officer to delete the addition

VINEET BAJORIA,KOLKATA vs. ITO, WARD 45(4), KOLKATA

In the result, both the appeals are allowed

Bench: S/Shri & Rajesh Kumar & Pradip Kumar Choubeyita Nos.228, 229, 230 & 231/Kol/2025 Assessment Year : 2013-14 Vineet Bajoria, C/O. S.N.Ghosh Vs. Ito, Ward 45(4), Kolkata & Associates, Advocates, 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kolkata Pan/Gir No. Adupb 1299 F (Appellant) .. ( Respondent) Assessee By : Shri Somnath Ghosh, Adv Revenue By : Shri S.B.Chakraborthy, Sr Dr

house property on which interest was paid to the tune of Rs.4,36,922/-, which was claimed u/s.24(b) of the Act as deduction. The certificate from ICICI Bank to this effect is placed at page 18 of paper book. Therefore, we set aside the order of ld CIT(A) and direct the Assessing Officer to delete the addition

VINEET BAJORIA,KOLKATA vs. ITO, WARD 45(4), KOLKATA

In the result, both the appeals are allowed

Bench: S/Shri & Rajesh Kumar & Pradip Kumar Choubeyita Nos.228, 229, 230 & 231/Kol/2025 Assessment Year : 2013-14 Vineet Bajoria, C/O. S.N.Ghosh Vs. Ito, Ward 45(4), Kolkata & Associates, Advocates, 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kolkata Pan/Gir No. Adupb 1299 F (Appellant) .. ( Respondent) Assessee By : Shri Somnath Ghosh, Adv Revenue By : Shri S.B.Chakraborthy, Sr Dr

house property on which interest was paid to the tune of Rs.4,36,922/-, which was claimed u/s.24(b) of the Act as deduction. The certificate from ICICI Bank to this effect is placed at page 18 of paper book. Therefore, we set aside the order of ld CIT(A) and direct the Assessing Officer to delete the addition

VINEET BAJORIA,KOLKATA vs. ITO, WARD 45(4), KOLKATA

In the result, both the appeals are allowed

Bench: S/Shri & Rajesh Kumar & Pradip Kumar Choubeyita Nos.228, 229, 230 & 231/Kol/2025 Assessment Year : 2013-14 Vineet Bajoria, C/O. S.N.Ghosh Vs. Ito, Ward 45(4), Kolkata & Associates, Advocates, 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kolkata Pan/Gir No. Adupb 1299 F (Appellant) .. ( Respondent) Assessee By : Shri Somnath Ghosh, Adv Revenue By : Shri S.B.Chakraborthy, Sr Dr

house property on which interest was paid to the tune of Rs.4,36,922/-, which was claimed u/s.24(b) of the Act as deduction. The certificate from ICICI Bank to this effect is placed at page 18 of paper book. Therefore, we set aside the order of ld CIT(A) and direct the Assessing Officer to delete the addition

SRI RAMKRISHNA SAMITY,SILIGURI vs. D.C.I.T.CIR - 2,SILIGURI, SILIGURI

In the result, the appeals of the assessee are partly allowed

Bench: : Shri Mahavir Singh & Shri M. Balaganesh

house property, interest income and donations received from various donors under the head income from other sources. This action was upheld by the Learned CITA for the same reason. Aggrieved, the assessee is in appeal for the Asst Years 2003-04 to 2008-09 before us. 4. The Learned AR argued that the donations received by the assessee have been

PURPLE SUPPLIERS PVT. LTD.,SURAT, GUJRAT vs. A.C.I.T., CIRCLE - 5(1), KOLKATA, KOLKATA

In the result, all the three appeal for AYs 2011-12 to 2013-14 of the assessee are allowed

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.757 To 759/Kol/2022 Assessment Years: 2011-12 To 2013-14 Purple Suppliers Pvt. Ltd. ………. Appellant (Pan: Aafcp2218P) Vs. Asstt. Commissioner Of Income Tax, Circle-5(1), Kolkata. ………… Respondent Appearances By: Shri Anil Kochar, Advocate Appeared For Appellant. Shri Subhendu Datta, Cit, Dr Appeared For Respondent. Date Of Concluding The Hearing : 28.05.2024 Date Of Pronouncing The Order : 26.08.2024 Order Per Manish Borad: The Captioned Appeals Filed At The Instance Of The Assessee Pertaining To The Assessment Years (In Short “Ay”) 2011-12 To 2013-14 Are Directed Against The Separate Orders Passed U/S 250 Of The Income Tax Act, 1961 (In Short The “Act”) By Ld. Commissioner Of Income-Tax, Appeal, National Faceless Appeal Centre (Nfac), Delhi [In Short Ld. “Cit(A)”] Dated 03.11.2022 Arising Out Of The Separate Assessment Orders U/S 143(3)/147 Of The Act By Acit, Circle-5(1), Kolkata Dated 31.12.2018. Since Grounds Of Appeal Raised In These Appeals Are Common & Facts Are Identical, Except Variance In Amount, With The Consent Of Both The Parties, We Proceed To Dispose Of All These Appeals By This Consolidated Order For The Sake Of Brevity & Convenience.

173 (Del.) (x) Haryana Acrylic Manufacturing Co. Vs. CIT 308 ITR 38 (xi) Avted Vs. DCIT 395 ITR 434. 8. Further, ld. Counsel for the assessee referred to the following written submissions: “In the order of assessment which has been framed by A.O. u/s 143(3)/147, he has made various observations which pertain to the nature of the business

PURPLE SUPPLIERS PVT. LTD.,SURAT, GUJRAT vs. A.C.I.T., CIRCLE - 5(1), KOLKATA, KOLKATA

In the result, all the three appeal for AYs 2011-12 to 2013-14 of the assessee are allowed

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.757 To 759/Kol/2022 Assessment Years: 2011-12 To 2013-14 Purple Suppliers Pvt. Ltd. ………. Appellant (Pan: Aafcp2218P) Vs. Asstt. Commissioner Of Income Tax, Circle-5(1), Kolkata. ………… Respondent Appearances By: Shri Anil Kochar, Advocate Appeared For Appellant. Shri Subhendu Datta, Cit, Dr Appeared For Respondent. Date Of Concluding The Hearing : 28.05.2024 Date Of Pronouncing The Order : 26.08.2024 Order Per Manish Borad: The Captioned Appeals Filed At The Instance Of The Assessee Pertaining To The Assessment Years (In Short “Ay”) 2011-12 To 2013-14 Are Directed Against The Separate Orders Passed U/S 250 Of The Income Tax Act, 1961 (In Short The “Act”) By Ld. Commissioner Of Income-Tax, Appeal, National Faceless Appeal Centre (Nfac), Delhi [In Short Ld. “Cit(A)”] Dated 03.11.2022 Arising Out Of The Separate Assessment Orders U/S 143(3)/147 Of The Act By Acit, Circle-5(1), Kolkata Dated 31.12.2018. Since Grounds Of Appeal Raised In These Appeals Are Common & Facts Are Identical, Except Variance In Amount, With The Consent Of Both The Parties, We Proceed To Dispose Of All These Appeals By This Consolidated Order For The Sake Of Brevity & Convenience.

173 (Del.) (x) Haryana Acrylic Manufacturing Co. Vs. CIT 308 ITR 38 (xi) Avted Vs. DCIT 395 ITR 434. 8. Further, ld. Counsel for the assessee referred to the following written submissions: “In the order of assessment which has been framed by A.O. u/s 143(3)/147, he has made various observations which pertain to the nature of the business

PURPLE SUPPLIERS PVT. LTD.,SURAT, GUJRAT vs. A.C.I.T., CIRCLE - 5(1), KOLKATA, KOLKATA

In the result, all the three appeal for AYs 2011-12 to 2013-14 of the assessee are allowed

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.757 To 759/Kol/2022 Assessment Years: 2011-12 To 2013-14 Purple Suppliers Pvt. Ltd. ………. Appellant (Pan: Aafcp2218P) Vs. Asstt. Commissioner Of Income Tax, Circle-5(1), Kolkata. ………… Respondent Appearances By: Shri Anil Kochar, Advocate Appeared For Appellant. Shri Subhendu Datta, Cit, Dr Appeared For Respondent. Date Of Concluding The Hearing : 28.05.2024 Date Of Pronouncing The Order : 26.08.2024 Order Per Manish Borad: The Captioned Appeals Filed At The Instance Of The Assessee Pertaining To The Assessment Years (In Short “Ay”) 2011-12 To 2013-14 Are Directed Against The Separate Orders Passed U/S 250 Of The Income Tax Act, 1961 (In Short The “Act”) By Ld. Commissioner Of Income-Tax, Appeal, National Faceless Appeal Centre (Nfac), Delhi [In Short Ld. “Cit(A)”] Dated 03.11.2022 Arising Out Of The Separate Assessment Orders U/S 143(3)/147 Of The Act By Acit, Circle-5(1), Kolkata Dated 31.12.2018. Since Grounds Of Appeal Raised In These Appeals Are Common & Facts Are Identical, Except Variance In Amount, With The Consent Of Both The Parties, We Proceed To Dispose Of All These Appeals By This Consolidated Order For The Sake Of Brevity & Convenience.

173 (Del.) (x) Haryana Acrylic Manufacturing Co. Vs. CIT 308 ITR 38 (xi) Avted Vs. DCIT 395 ITR 434. 8. Further, ld. Counsel for the assessee referred to the following written submissions: “In the order of assessment which has been framed by A.O. u/s 143(3)/147, he has made various observations which pertain to the nature of the business

BALAKA VINIMAY PVT. LTD.,KOLKATA vs. ITO, WARD-2(1), KOLKATA

In the result, appeals of the assessee in ITA No

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 160 & 161/Kol/2024 Assessment Year: 2008-09 Balaka Vinimay Pvt. Ltd. Income Tax Officer, Ward – 2(1), 9/12, Lal Bazar Street Vs Kolkata Kolkata - 700001 [Pan : Aadcb2610B] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri A.K. Tibrewal, A/R & Saurav Gupta, A/R Revenue By : Shri Abhijit Kundu, Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 09/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 21/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Instant Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The National Faceless Appeal Centre, Delhi, (Hereinafter The “Ld. Cit(A)”). Ita No. 160/Kol/2024 Is Against The Order Of The Ld. Cit(A) Dt. 29/11/2023, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) Arising Out Of The Penalty Order Passed By The Ld. Assessing Officer U/S 271(1)(C) Of The Act & Ita No. 161/Kol/2023, Is Against The Order Of The Ld. Cit(A) Dt. 28/11/2023, Arising Out Of The Order Of The Ld. Assessing Officer Passed U/S 143(3) R.W.S. 254 Of The Act, For Assessment Year 2008-09. 2. Though The Assessee Has Raised Various Grounds In Both These Appeals, But The Effective Issue Raised In Ita No. 161/Kol/2024 Is Against The Addition Made U/S 68 Of The Act For Unexplained Share Capital Confirmed By The Ld. Cit(A) & In Ita No. 160/Kol/2024 Is Against The Levy Of Penalty U/S 271(1)(C) Of The Act On The Addition Made

Property Investments (P) Ltd -vs- ITO [2023] 152 taxmann.com 256 (Karnataka) (viii) PCIT -vs- Himachal Fibres Ltd. [2018] 98 taxmann.com 173 (SC) (ix) PCIT -vs- Himachal Fibres Ltd. [2018] 98 taxmann.com 172 (Delhi) CIT -vs- Dataware Private Limited ITAT No. 263 of 2011 : GA No. 2856 of 2011 (x) 7 I.T.A. No. 160 & 161/Kol/2024 Assessment Year: 2008-09 Balaka Vinimay

BALAKA VINIMAY PVT. LTD.,KOLKATA vs. ITO, WARD-2(1), KOLKATA

In the result, appeals of the assessee in ITA No

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 160 & 161/Kol/2024 Assessment Year: 2008-09 Balaka Vinimay Pvt. Ltd. Income Tax Officer, Ward – 2(1), 9/12, Lal Bazar Street Vs Kolkata Kolkata - 700001 [Pan : Aadcb2610B] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri A.K. Tibrewal, A/R & Saurav Gupta, A/R Revenue By : Shri Abhijit Kundu, Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 09/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 21/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Instant Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The National Faceless Appeal Centre, Delhi, (Hereinafter The “Ld. Cit(A)”). Ita No. 160/Kol/2024 Is Against The Order Of The Ld. Cit(A) Dt. 29/11/2023, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) Arising Out Of The Penalty Order Passed By The Ld. Assessing Officer U/S 271(1)(C) Of The Act & Ita No. 161/Kol/2023, Is Against The Order Of The Ld. Cit(A) Dt. 28/11/2023, Arising Out Of The Order Of The Ld. Assessing Officer Passed U/S 143(3) R.W.S. 254 Of The Act, For Assessment Year 2008-09. 2. Though The Assessee Has Raised Various Grounds In Both These Appeals, But The Effective Issue Raised In Ita No. 161/Kol/2024 Is Against The Addition Made U/S 68 Of The Act For Unexplained Share Capital Confirmed By The Ld. Cit(A) & In Ita No. 160/Kol/2024 Is Against The Levy Of Penalty U/S 271(1)(C) Of The Act On The Addition Made

Property Investments (P) Ltd -vs- ITO [2023] 152 taxmann.com 256 (Karnataka) (viii) PCIT -vs- Himachal Fibres Ltd. [2018] 98 taxmann.com 173 (SC) (ix) PCIT -vs- Himachal Fibres Ltd. [2018] 98 taxmann.com 172 (Delhi) CIT -vs- Dataware Private Limited ITAT No. 263 of 2011 : GA No. 2856 of 2011 (x) 7 I.T.A. No. 160 & 161/Kol/2024 Assessment Year: 2008-09 Balaka Vinimay

M/S. EUREKA FORBES LTD., ,KOLKATA vs. ADDL.CIT, CIRCLE - 10, KOLKATA, KOLKATA

In the result, the appeals filed by the Revenue for the A

Bench: Shri S. S. Godara, J.M. & Dr.A.L.Saini, A.M.)

173/- for the A.Ys 2010-11 & 2011-12 respectively. Whereas the grievance of the assesse in ground no. 2 of ITA Nos. 2170 & 2171/Kol/2017 for the A.Ys 2010-11 & 2011-12 are that the ld. CIT(A) has rejected the revised disallowance computed by the assessee at Rs. 3.67 lakhs and Rs.0.21 lakhs and submitted by the assesse

DCIT, CIRCLE - 10(1), KOLKATA, KOLKATA vs. M/S. EUREKA FORBES LTD., , KOLKATA

In the result, the appeals filed by the Revenue for the A

Bench: Shri S. S. Godara, J.M. & Dr.A.L.Saini, A.M.)

173/- for the A.Ys 2010-11 & 2011-12 respectively. Whereas the grievance of the assesse in ground no. 2 of ITA Nos. 2170 & 2171/Kol/2017 for the A.Ys 2010-11 & 2011-12 are that the ld. CIT(A) has rejected the revised disallowance computed by the assessee at Rs. 3.67 lakhs and Rs.0.21 lakhs and submitted by the assesse

M/S. EUREKA FORBES LTD., ,KOLKATA vs. ADDL.CIT, CIRCLE - 10, KOLKATA, KOLKATA

In the result, the appeals filed by the Revenue for the A

Bench: Shri S. S. Godara, J.M. & Dr.A.L.Saini, A.M.)

173/- for the A.Ys 2010-11 & 2011-12 respectively. Whereas the grievance of the assesse in ground no. 2 of ITA Nos. 2170 & 2171/Kol/2017 for the A.Ys 2010-11 & 2011-12 are that the ld. CIT(A) has rejected the revised disallowance computed by the assessee at Rs. 3.67 lakhs and Rs.0.21 lakhs and submitted by the assesse

DCIT, CIRCLE - 10(1), KOLKATA, KOLKATA vs. M/S. EUREKA FORBES LTD., , KOLKATA

In the result, the appeals filed by the Revenue for the A

Bench: Shri S. S. Godara, J.M. & Dr.A.L.Saini, A.M.)

173/- for the A.Ys 2010-11 & 2011-12 respectively. Whereas the grievance of the assesse in ground no. 2 of ITA Nos. 2170 & 2171/Kol/2017 for the A.Ys 2010-11 & 2011-12 are that the ld. CIT(A) has rejected the revised disallowance computed by the assessee at Rs. 3.67 lakhs and Rs.0.21 lakhs and submitted by the assesse