ACIT, CIR-3(TDS), KOLKATA, KOLKATA vs. SDV INTERNATION LOGISTICS LTD., KOLKATA

In the result, both the appeals of the revenue are dismissed while the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm]

133A of the Act was carried out in the case of the assessee. On the basis of documents found during the course of survey, the A.O. was of the view that the assessee company had not complied with the TDS provisions properly in the following cases: “i. TDS was not made at all on payment

SDV INTERNATIONAL LOGISTICS LTD.,KOLKATA vs. ACIT, CIR-59 (TDS), KOLKATA, KOLKATA

In the result, both the appeals of the revenue are dismissed while the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm]

133A of the Act was carried out in the case of the assessee. On the basis of documents found during the course of survey, the A.O. was of the view that the assessee company had not complied with the TDS provisions properly in the following cases: “i. TDS was not made at all on payment

D.C.I.T.CC - VIII,KOL., KOLKATA vs. SHRI SAGAR MAL NAHATA, KOLKATA

Bench: : Shri N.V.Vasudevan & Shri M. Balaganesh

U/s. 133A at Park Plaza, Ground Floor, Room No.13, 71,Park Street, Kolkata-16, on 03-03-2010, Statement of Mr. Baldeo Singh was recorded in his statement, he stated that he was working as peon of M/s. Mahavir Finance Ltd; M/s. Panchmukhi Properties Ltd. and other companies. He stated that M/s. Mahavir Finance Ltd., M/s. Panchmukhi Properties

WINDOW TECHNOLOGIES PVT. LTD.,KOLKATA vs. PCIT (CENTRAL) - 2, KOLKATA, KOLKATA

In the result, the appeal filed by the assessee is allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2019-20

survey operation u/s 133A of the Act 3 Window Technologies Pvt. Ltd. AY: 2019-20 conducted at the office premise of the assessee on 17.01.2019 in “Dhanuka Group” of cases. In response to the notices the assessee-company submitted/furnished all the relevant details online electronically. The assessment u/s 143(3) the Act was made at the returned income

ITO WARD-41(1), KOLKATA, KOLKATA vs. SRI SHYAMAL BANERJEE, KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Shri K. Narasimha Chary

House Property”. The issue was discussed in detail in assessment order. It is gathered from record that on the same issue in AY 1993-94 order u/s 143(3)/254/251 dated 29.12.2006 of the I.T. Act, was passed and the assessee has not preferred further appeal and accepted the said order. (2) The ld. CIT(A) has erred

SANJEEB KUMAR SINGH ,KOLKATA vs. ACIT, CIRCLE - 40, KOLKATA , KOLKATA

In the result, the appeal of the assessee is partly allowed

Bench: "ी जे. सुधाकर रे"डी, लेखा सद"य एवं/And "ी ऐ. ट". वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

House Property". (c) For that the Ld. CIT(A) ought to have granted the benefit of standard deduction @ 30% of the rental income as per section 24(a) against the rental income of Rs. 3,36,000/- .” 3. The first issue involved in this appeal of assessee is against the action of Ld. CIT(A) in confirming the addition

JAGANNATH GUPTA FAMILY TRUST,KOLKATA vs. THE CIT(EXEMPTIONS), KOLKATA, KOLKATA

Bench: : Shri S.S. Viswanethra Ravi & Shri Dr. A.L. Saini

property held under trust wholly for charitable or religious purposes and the provisions of that section and section 13 shall apply accordingly. 41. The provision thus, emphasizes upon the income of the trust created wholly for charitable or religious purposes or an institution established wholly for such purposes and so is the case in sub-section (2) of the aforesaid

UDAY SHANKAR MAHAWAR,KOLKATA vs. A.CI.T.,CIRCLE-36, KOLKATA

In the result, the appeal of assessee is allowed

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

house property, business or profession, capital and income from other sources. The AO while completing the assessment observed that during the course of survey operation on 22.08.2014 the assessee’s statement was recorded u/s. 133A

MANGILAL JAIN ,DARJEELING vs. ITO, WARD - 3(3), DARJEELING , DARJEELING

Appeal is allowed

Bench: Shri S.S, Godaraassessment Year:2014-15 Mangilal Jain Income Tax Officer, बनाम / C/O Advocate Pradip Ward-3(3), Nr. Lal V/S. Lakhotia, 2Nd Floor, Metro Kothi, Darjeeling Plaza, Sf Road, Siliguri-734005 [Pan No.Afkpj 4178 D] .. अपीलाथ" /Appellant ""यथ" /Respondent Shri Dhiraj Lakhotia, A.R अपीलाथ" क" ओर से/By Appellant Shri C.J. Singh, Jcit-Sr-Dr ""यथ" क" ओर से/By Respondent 05-03-2019 सुनवाई क" तार"ख/Date Of Hearing 15-05-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R This Assessee’S Appeal For Assessment Year 2014-15 Arises Against The Commissioner Of Income-Tax (Appeals)-Siliguri’S Order Dated 22.03.2018 Passed In Case No.69/Cit(A)/Slg/2016-17, Involving Proceedings U/S. 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. The Assessee’S Sole Substantive Grievance Raised In The Instant Appeal Seeks To Reverse Both The Lower Authorities Findings Treating His Short Term Capital Loss (Stcl) Arising From Sale Of Shares After Payment Of Security Transaction Tax (Stt), Amounting To ₹1,92,320/- As Bogus Unexplained Cash Credits. The Cit(A)’S Detailed Discussion To This Effect Reads As Under:- “4. Decision :- I Have Perused The Assessment Order, The Grounds Of Appeal & The Submissions Made By The Ld.. A/R On Behalf Of The Appellant. My Observations & Findings Are As Under :- 4.1. The Present Appeal Emanates After Disallowing Rs. 11,92,320/- Arising Out Of Shares Transaction & Treated The Same As Bogus. In This Case The Assessee Purchased 32000 Shares Of Global Infratech & Finance Ltd. Through Eureka Stock & Shares Broking Services Limited @ Rs. 77.37 Per Share Aggregating To Rs. 24,79,714/- On 11.02.2014 & Further Sold The

house to these paper companies viz. M/s. Globallnfratech and Finance Limited cannot also be ignored. On careful analysis of all the facts and circumstances stated above, it appears that the assessee had purchased and sold the scrip at pre-determined price, pre-determined time and to pre-determined buyers with the help of accommodation entry providers, share broker

MUKUND RUNGTA,KOLKATA vs. DCIT, CC-V, KOLKATA, KOLKATA

In the result, the appeals of the assessee in ITA Nos

Bench: Shri M. Balaganesh, Am & Shri S. S. Viswanethra Ravi, Jm]

house property , interest and dividend. The original return of income for the Asst Year 2010-11 was filed on 18.8.2010 declaring total income of Rs. 11,13,87,024/- and no assessment u/s 143(3) of the Act was made in this case. A search and seizure operation was conducted u/s 132 of the Act on 6.2.2012 in the residential

NANDILAL RUNGTA,KOLKATA vs. DCIT, CC-V, KOLKATA, KOLKATA

In the result, the appeals of the assessee in ITA Nos

Bench: Shri M. Balaganesh, Am & Shri S. S. Viswanethra Ravi, Jm]

house property , interest and dividend. The original return of income for the Asst Year 2010-11 was filed on 18.8.2010 declaring total income of Rs. 11,13,87,024/- and no assessment u/s 143(3) of the Act was made in this case. A search and seizure operation was conducted u/s 132 of the Act on 6.2.2012 in the residential

DCIT, CIR-2(2), KOLKATA, KOLKATA vs. M/S SUTCO BEARINGS INDIA PVT. LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmedassessment Year :2010-11

property. The assessee in the year under consideration filed its return of income declaring total income of ₹42,11,133/- dated 25.09.2010. The return was processed u/s. 143(1) of the Act vide dated 26.05.2011. 6. A survey operation u/s. 133A of the Act was conducted at business premises of assessee on 11.03.2010 wherein several documents, books of account

PINKY AGARWAL ,KOLKATA vs. ACIT, CC-3(1), KOLKATA , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

Bench: Sri Sanjay Garg & Dr. Manish Borad

133A at the business premises of M/s. Blue Circle Services Ltd on 21.01.2015 wherein he stated that Sri Jagadish Prasad Purohit is the Managing Director of the group companies and proprietor of BC Purohit & Co. and is an employee of the group companies managed by Sri Jagadish Prasad Purohit and was also the director of the companies, and as regards

M/S. GATEWAY FINANCIAL SERVICES LTD., ,KOLKATA vs. ACIT, CC - 3(1), KOLKATA , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

Bench: Sri Sanjay Garg & Dr. Manish Borad

133A at the business premises of M/s. Blue Circle Services Ltd on 21.01.2015 wherein he stated that Sri Jagadish Prasad Purohit is the Managing Director of the group companies and proprietor of BC Purohit & Co. and is an employee of the group companies managed by Sri Jagadish Prasad Purohit and was also the director of the companies, and as regards

M/S. NISHIT AGARWAL BENEFICIARY TRUST ,KOLKATA vs. ACIT, CC - 3(1), KOLKATA , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

Bench: Sri Sanjay Garg & Dr. Manish Borad

133A at the business premises of M/s. Blue Circle Services Ltd on 21.01.2015 wherein he stated that Sri Jagadish Prasad Purohit is the Managing Director of the group companies and proprietor of BC Purohit & Co. and is an employee of the group companies managed by Sri Jagadish Prasad Purohit and was also the director of the companies, and as regards

PRATIK AGARWAL BENEFICIARY TRUST ,KOLKATA vs. ACIT, C.C.-3(1), , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

Bench: Sri Sanjay Garg & Dr. Manish Borad

133A at the business premises of M/s. Blue Circle Services Ltd on 21.01.2015 wherein he stated that Sri Jagadish Prasad Purohit is the Managing Director of the group companies and proprietor of BC Purohit & Co. and is an employee of the group companies managed by Sri Jagadish Prasad Purohit and was also the director of the companies, and as regards

SHRI SANAT KUMAR BHATTACHARJEE,KOLKATA vs. ACIT, CIR-27, HALDIA, MIDNAPORE

In the result, the appeals of the assessee are allowed

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A Nos. 496&497/Kol/2016 Assessment Year : 2003-04 & 2005-06 Shri Sanat Kr. Bhattacharjee -Vs- Acit, Circle-27, Haldia [Pan: Adfpb 6426 K] (Appellant) (Respondent)

133A of the Act was conducted in the various business premises of the assessee on 12.6.2009. Post survey enquiries revealed certain undisclosed properties made by the assessee in land in the district of Purba Medinipur, West Bengal. The assessee purchased landed property admeasuring 26 decimals in Bhanderberia Taluk with Door

SHRI SANAT KUMAR BHATTACHARJEE,KOLKATA vs. ACIT, CIR-27, HALDIA, MIDNAPORE

In the result, the appeals of the assessee are allowed

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A Nos. 496&497/Kol/2016 Assessment Year : 2003-04 & 2005-06 Shri Sanat Kr. Bhattacharjee -Vs- Acit, Circle-27, Haldia [Pan: Adfpb 6426 K] (Appellant) (Respondent)

133A of the Act was conducted in the various business premises of the assessee on 12.6.2009. Post survey enquiries revealed certain undisclosed properties made by the assessee in land in the district of Purba Medinipur, West Bengal. The assessee purchased landed property admeasuring 26 decimals in Bhanderberia Taluk with Door