UJJAL SINHA,KOLKATA vs. DCIT, CENTRAL CIRCLE 4(1),, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2011-12 Ujjal Sinha……..…………………..………………….……….……….……Appellant 57/3, Ballygunge Circular Road, Ballygunge S.O, Kolkata 19. [Pan: Aeips4499F] Vs. Dcit, Central Circle-4(1), Kolkata……………………….....……...…..…..Respondent Appearances By: Shri S. K. Tulsiyan, Advocate & Lata Goyal, Ca, Appeared On Behalf Of The Appellant. Shri Sanat Kr. Raha, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 28, 2025 Date Of Pronouncing The Order : November 13, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 05.08.2025 Of The Cit (Appeals)-27, Kolkata [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2011–12. 2. Brief Facts Of The Case Are That The Assessee Had Filed His Return Of Income U/S.139(1) Of The Act For The A.Y. 2011-12 On 11/02/2012 Declaring A Total Income Of Rs.19,12,432/-. In The Instant Case, A Search & Seizure Operation Was Conducted On 24.01.2012 In The Residential Premises Of The Assessee Wherein No Incriminating Material Was Found. Thereafter. The Assessment Was Completed U/S 153A/143(3) Of The Act On 31/03/2014 Assessing The Total Income At Rs.92,12,430/- Wherein The Following Two Additions To The Total Income Were Made:

penalty levied u/s. 271(1)(c) of the Act is required to be deleted. With regard to the deduction of Rs.1,50,000/- claimed in the return of income u/s 24(b) of the Act on account of payment of interest on housing loan, the ld. AR submits that deduction was available only in respect of loan taken for purchase

BMW INDUSTRIES LIMITED,KOLKATA vs. DCIT, CENTRAL CIRCLE 4(1),, KOLKATA

In the result, all the three appeals of the assessee are allowed

House, 119, Park\nStreet, Kolkata-700016,\nWest Bengal\n(Appellant)\nVs.\nDCIT, Central Circle 4(1)\nAaykar Bhawan Poorva,\n110, Shantipally, Em Bypass,\nKolkata-700107, West Bengal\n(Respondent)\nPAN No. AABCB0986G\nAssessee by\nRevenue by\nDate of hearing:\nDate of pronouncement:\nShri SK Tulsiyan &\nShri Puja Somani, ARs\nShri Ms. Archana Gupta, DR\n14.01.2026\n20.01.2026\nORDER\nPer Rajesh Kumar

BMW INDUSTRIES LIMITED ,KOLKATA vs. DCIT, CENTRAL CIRCLE 4(1),, KOLKATA

In the result, all the three appeals of the assessee are allowed

House, 119, Park\nAaykar Bhawan Poorva,\nStreet, Kolkata-700016,\n110, Shantipally, Em Bypass,\nWest Bengal\nKolkata-700107, West Bengal\n(Appellant)\nVs.\n(Respondent)\nPAN No. AABCB0986G\nAssessee by\nShri SK Tulsiyan &\nShri Puja Somani, ARs\nRevenue by\nShri Ms. Archana Gupta, DR\nDate of hearing:\n14.01.2026\nDate of pronouncement:\n20.01.2026\nORDER\nPer Rajesh Kumar, AM:\nThese are appeals preferred

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

penalty u/s 271(1)(c) of the Act depends on the outcome of the appeal on quantum addition in ITA No. 161/Kol/2024, we first taken up ITA No. 161/Kol/2024 for adjudication. 3. Facts in brief are that the assessee is a private limited company engaged in business and declared income of Rs.318/- in the original return of income furnished

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

penalty u/s 271(1)(c) of the Act depends on the outcome of the appeal on quantum addition in ITA No. 161/Kol/2024, we first taken up ITA No. 161/Kol/2024 for adjudication. 3. Facts in brief are that the assessee is a private limited company engaged in business and declared income of Rs.318/- in the original return of income furnished

BMW INDUSTRIES LIMITED,KOLKATA vs. DCIT, CENTRAL CIRCLE 4(1),, KOLKATA

In the result, all the three appeals of the assessee are allowed

House, 119, Park\nStreet, Kolkata-700016,\nWest Bengal\n(Appellant)\nVs.\nDCIT, Central Circle 4(1)\nAaykar Bhawan Poorva,\n110, Shantipally, Em Bypass,\nKolkata-700107, West Bengal\n(Respondent)\nPAN No. AABCB0986G\nAssessee by\n:\nShri SK Tulsiyan &\nShri Puja Somani, ARs\nRevenue by\n:\nShri Ms. Archana Gupta, DR\nDate of hearing:\n14.01.2026\nDate of pronouncement:\n20.01.2026\nORDER\nPer

M/S. TDK INDIA PRIVATE LIMITED (FORMERLY KNOWN AS EPCOS INDIA PRIVATE LIMITED),NADIA vs. DCIT, CIRCLE - 11(1) , KOLKATA

In the result appeal of the assessee for Assessment Year 2014-15 is partly allowed for statistical purposes and appeal of the assessee for Assessment Year 2015-16, is allowed

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

penalty proceedings u/s 271(1)(c) of the Act. 15. The Assessee craves leave to add to and/ or amend, alter, modify or rescind the grounds hereinabove before or at the time of hearing of the appeal.” 4. From perusal of the above grounds, we find that ground nos. 1 & 2 are general in nature which need no adjudication. Further

M/S. TDK INDIA PRIVATE LIMITED (FORMERLY KNOWN AS EPCOS INDIA PRIVATE LIMITED),NADIA vs. DCIT, CIRCLE - 11(1) , KOLKATA

In the result appeal of the assessee for Assessment Year 2014-15 is partly allowed for statistical purposes and appeal of the assessee for Assessment Year 2015-16, is allowed

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

penalty proceedings u/s 271(1)(c) of the Act. 15. The Assessee craves leave to add to and/ or amend, alter, modify or rescind the grounds hereinabove before or at the time of hearing of the appeal.” 4. From perusal of the above grounds, we find that ground nos. 1 & 2 are general in nature which need no adjudication. Further

MURARILAL MURARKA,KOLKATA vs. I.T.O., WARD-61(3), KOLKATA, KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

house property and business or profession. The case of the assessee was selected for scrutiny through CASS, the reasons being large commission expenses and low net profit and low net profit or less shown from large gross receipt. Accordingly, statutory notices u/s 143(2) and 142(1) of the Act were issued and duly served upon the assessee which were

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(1), KOLKATA, KOLKATA vs. AXIS OVERSEAS LIMITED, KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Dy. Commissioner Of Income Tax, Cc 1(1), Kolkata Axis Overseas Limited Aaykar Bhawan Poorva, 21A, Shakespeare Sarani, Vs. 3Rd Floor, Kolkata-700107, Kolkata-700107, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aagca7497L Assessee By : Shri Siddharth Agarwal, Ar Revenue By : Shri P.N. Barnwal, Dr Date Of Hearing: 13.11.2025 Date Of Pronouncement: 03.12.2025

Penalty U/s 271(1)(c) is being initiated separately for concealment of income by way of furnishing inaccurate particulars of income. So, for sake of consistency in department stand on the issue, addition of notional interest is made @ 12% amounting to Rs 2,67,75,667/- on total advances of Rs 22,31,30,558/-. 1. It is pertinent

M/S. BHUMI NIRMAN PVT. LTD.,KOLKATA vs. I.T.O., WARD - 10(4), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

penalty notice u/s 271(1)(c) has been received on their email carajeshmohan(a)gmail.com. It is immediately thereafter the appellant logged into the e-filing portal and downloaded the appellant order and prepared the appeal. However, in the process considering the date of order, there is a delay of 293 days. In view of the facts stated hereinabove

INDIAN COAL AGENCY,KOLKATA vs. PRINCIPAL CIT, CIRCLE - 12, KOLKATA , KOLKATA

In the result, the appeal for AY 2013-14 is partly allowed

Bench: Sonjoy Sarma & Sri Rakesh Mishra

property was rented with effect from 01/04/2013 and is in Noida and was being used as a transit house/guesthouse for business purposes. Our attention was drawn to pages 36 to 46 of the paper book filed before us. Pages 36 to 37 contain the ledger account of Smt. Vandana Sehgal and on page 36 on 20/08/2014, a sum of Page

INDIAN COAL AGENCY,KOLKATA vs. DCIT, CIRCLE-35, KOLKATA, KOLKATA

In the result, the appeal for AY 2013-14 is partly allowed

Bench: Sonjoy Sarma & Sri Rakesh Mishra

property was rented with effect from 01/04/2013 and is in Noida and was being used as a transit house/guesthouse for business purposes. Our attention was drawn to pages 36 to 46 of the paper book filed before us. Pages 36 to 37 contain the ledger account of Smt. Vandana Sehgal and on page 36 on 20/08/2014, a sum of Page

DCIT, CIRCLE-35, KOLKATA, KOLKATA vs. M/S. INDIAN COAL AGENCY, KOLKATA

In the result, the appeal for AY 2013-14 is partly allowed

Bench: Sonjoy Sarma & Sri Rakesh Mishra

property was rented with effect from 01/04/2013 and is in Noida and was being used as a transit house/guesthouse for business purposes. Our attention was drawn to pages 36 to 46 of the paper book filed before us. Pages 36 to 37 contain the ledger account of Smt. Vandana Sehgal and on page 36 on 20/08/2014, a sum of Page

SHREE HANUMAN WELFARE TRUST,KOLKATA vs. DCIT,CIRCLE-2, EXEMPTION,KOLKATA. , KOLKATA

In the result, in light of discussions made above, this appeal is dismissed

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Penalty proceeding is also initiated u/s 271(1)(c) of the IT Act for concealment of income and providing inaccurate particulars of income.” 2.1. In light of this action, the appellant approached the Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred to as ld. 'CIT(A)'] where also the action of ld. AO was confirmed with the following findings

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