M/S. VODAFONE ESSAR EAST LIMITED,KOLKATA vs. ACIT, CIRCLE - 7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

carried forward losses, it had not claimed any deduction u/s 80IA upto A.Y 2003-04. In view of specific provisions of section (2) to Section 80IA, it would be eligible to claim deduction for any ten consecutive years out of fifteen year. Accordingly, the assessee has started claiming deduction for the first time from assessment year 2004- ITA No.356

M/S VODAFONE EAST LIMITED (FORMERLY KNOWN AS VODAFONE ESSAR EAST LIMITED),KOLKATA vs. ACIT, CIR-7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

carried forward losses, it had not claimed any deduction u/s 80IA upto A.Y 2003-04. In view of specific provisions of section (2) to Section 80IA, it would be eligible to claim deduction for any ten consecutive years out of fifteen year. Accordingly, the assessee has started claiming deduction for the first time from assessment year 2004- ITA No.356

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. JCIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

carried forward losses, it had not claimed any deduction u/s 80IA upto A.Y 2003-04. In view of specific provisions of section (2) to Section 80IA, it would be eligible to claim deduction for any ten consecutive years out of fifteen year. Accordingly, the assessee has started claiming deduction for the first time from assessment year 2004- ITA No.356

ACIT, CIRCLE - 7, KOLKATA vs. VODAFONE ESSAR EAST LTD., KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

carried forward losses, it had not claimed any deduction u/s 80IA upto A.Y 2003-04. In view of specific provisions of section (2) to Section 80IA, it would be eligible to claim deduction for any ten consecutive years out of fifteen year. Accordingly, the assessee has started claiming deduction for the first time from assessment year 2004- ITA No.356

DCIT, CIRCLE - 7, KOLKATA, KOLKATA vs. VODAFONE ESSAR EAST LIMITED, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

carried forward losses, it had not claimed any deduction u/s 80IA upto A.Y 2003-04. In view of specific provisions of section (2) to Section 80IA, it would be eligible to claim deduction for any ten consecutive years out of fifteen year. Accordingly, the assessee has started claiming deduction for the first time from assessment year 2004- ITA No.356

M/S. VODAFONE ESSAR EAST LIMITED,KOLKATA vs. ACIT, CIRCLE - 7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

carried forward losses, it had not claimed any deduction u/s 80IA upto A.Y 2003-04. In view of specific provisions of section (2) to Section 80IA, it would be eligible to claim deduction for any ten consecutive years out of fifteen year. Accordingly, the assessee has started claiming deduction for the first time from assessment year 2004- ITA No.356

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. ADDL. CIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

carried forward losses, it had not claimed any deduction u/s 80IA upto A.Y 2003-04. In view of specific provisions of section (2) to Section 80IA, it would be eligible to claim deduction for any ten consecutive years out of fifteen year. Accordingly, the assessee has started claiming deduction for the first time from assessment year 2004- ITA No.356

HEIGHT INSURANCE SERVICES LIMITED,KOLKATA vs. D.C.I.T., CIRCLE - 1(1), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2014-15

penalty u/s. 271(1)(c) of the Act for the charge alleged by the Ld. AO that assessee has furnished inaccurate particular of income in respect of claim of 8 Height Insurance Services Ltd., AY 2014-15 carry forward and set off of business losses

SRI DEO KUMAR SARAF,KOLKATA vs. ACIT, CIRCLE-49, KOLKATA, KOLKATA

In the result, the appeal of assessee is allowed

Bench: Shri Mahavir Singh, Jm & Shri Waseem Ahmed, Am]

loss disclosed by assessee at Rs.9,67,233/- claimed to have been carried forward for setting off. The AO required the assessee to file details of the same and assessee submitted a sale and purchase account of shares but scrip wise details was not provided. Accordingly, AO accepted sale and purchase account of shares but disallowed the claim of interest

D.C.I.T., CC-4(4), KOLKATA, KOLKATA vs. EVERSIGHT TRADE COMM PVT. LTD., KOLKATA

In the result, all the three appeals filed by the revenue are dismissed and copy of common order passed is to be placed on respective case files

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

loss of Rs. 35,99,13,932/- and survey operation u/s 133A was conducted on 05.05.2014 in the case of Shri Adish Jain and its group. Consequent to that a total disclosure of Rs. 20,79,41,930/- was made and subsequently disclosure was revised to Rs. 23,33,19,194/- and out of which

D.C.I.T., CC-4(4), KOLKATA, KOLKATA vs. EVERSIGHT TRADE COMM PVT. LTD., KOLKATA

In the result, all the three appeals filed by the revenue are dismissed and copy of common order passed is to be placed on respective case files

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

loss of Rs. 35,99,13,932/- and survey operation u/s 133A was conducted on 05.05.2014 in the case of Shri Adish Jain and its group. Consequent to that a total disclosure of Rs. 20,79,41,930/- was made and subsequently disclosure was revised to Rs. 23,33,19,194/- and out of which

D.C.I.T., CC-4(4), KOLKATA, KOLKATA vs. EVERSIGHT TRADECOMM PVT. LTD., KOLKATA

In the result, all the three appeals filed by the revenue are dismissed and copy of common order passed is to be placed on respective case files

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

loss of Rs. 35,99,13,932/- and survey operation u/s 133A was conducted on 05.05.2014 in the case of Shri Adish Jain and its group. Consequent to that a total disclosure of Rs. 20,79,41,930/- was made and subsequently disclosure was revised to Rs. 23,33,19,194/- and out of which

M/S CARE CONCERN HOSPITAL PVT. LTD.,HOOGHLY vs. ACIT, CIR-1, HOOGHLY, HOOGHLY

In the result, the appeals in ITA No

loss M/s. Care Concern Hospital P.Ltd. & Ors. Rs. 5,05,850/- and allowed carried forward vide his order dt. 27-12-2011 passed u/s. 143(3) of the Act. 5. Thereafter, the AO initiated penalty proceeding u/s. 271B of the Act for not getting its accounts audited, for not furnishing the same in prescribed pro-forma and for not filing

GAUTAM KUMAR MITRA,KOLKATA vs. DCIT, CIRCLE - 54, KOLKATA, KOLKATA

In the result, the appeal by the Assessee is allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] I.T.A No. 07/Kol/2012 Assessment Year : 2006-07

carrying out all rectification was that the income of the Assessee stood increased by Rs.19,58,731.46 Ps. The revised profit and loss account so filed by the Assessee is given as an annexure-2 to this order. 2 3 Sri Gautam Kumar Mitra A.Yr.2006-07 6. The AO accepted the said reconciliation and added a sum of Rs.19

BALAJI METAL AND SPONGE PVT. LTD.,KOLKATA vs. I.T.O., WARD - 5(4), KOLKATA, KOLKATA

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

Bench: Sri Rajesh Kumar & Pradip Kumar Choubey

loss account and other related documents. According to him, all the activities in transaction in relation to the business of the assessee had been reflected in the said audited accounts. Ld. Counsel for the assessee submits that there was no concealment of particulars of income from the side of the ass. The ld. Counsel for the assessee further submits that

DCIT, CIRCLE-8(1), KOLKATA, KOLKATA vs. M/S. ALISHAN STEEL PVT. LTD., KOLKATA

In the result, appeal of revenue is dismissed

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And "ी एम .बालागणेश, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Shri M.Balaganesh, Am]

penalty u/s 271(1)(c) of the Act was imposed on the assessee by the AO are that in this case the assessee filed its e- return of income on 29.09.2009 showing total income at nil and carried forward loss

SMT ALPANA SAHA ( L/H OF LATE P.K.SAHA),BURDWAN vs. A.C.I.T CIR - 2,BURDWAN, BURDWAN

In the result, appeal of assessee is allowed

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

carried on by assessee under Excise licence granted by State Excise Authorities and all purchases, sales and stocks are monitored and controlled by Excise Authorities. A survey u/s. 133A of the Act was conducted on the business premises of the assessee on 17.09.2004 from where some stock registers, invoice of purchases, cash /sale memos etc. were found and impounded

ACIT, CC-X, KOLKATA, KOLKATA vs. M/S CONCAST STEEL & POWER LTD., KOLKATA

In the result, revenue’s appeal stands dismissed

Bench: Hon’Ble Shri Waseem Ahmed & Shri K.Narasimha Chary

u/s 143(3)/153C completed on 31.12.2009. 4. That the Departmnet craves leave to add, modify or alter any of the ground(s) of appeal and/or adduce additonal evidence at the time of hearing of the case. “ 2. The solitary issue raised by Revenue in all the grounds of appeal is that ld. CIT(A) erred in deleting the penalty