DCIT, CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. KAILASH KUMAR TIBREWAL, KOLKATA

In the result, the appeal filed by the appellant is Allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

132(1) of the Act wasconducted on the assessee on 19.02.2020 and consequently, the assessment was framed vide order dated 30.09.2021, wherein the addition of ₹3,75,00,000/- was made on peak credit basis for loans advanced to various parties on the basis of material seized during the course of search. The ld. AO initiated penalty proceedings

DCIT,CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. KAILASH KUMAR TIBREWAL, KOLKATA

In the result, the appeal filed by the appellant is Allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

132(1) of the Act wasconducted on the assessee on 19.02.2020 and consequently, the assessment was framed vide order dated 30.09.2021, wherein the addition of ₹3,75,00,000/- was made on peak credit basis for loans advanced to various parties on the basis of material seized during the course of search. The ld. AO initiated penalty proceedings

SVM CERA PRIVATE LIMITED,GUJRAT vs. ACIT,C.C-1(1), KOLKATA, KOLKATA

In the result, both the appeals in ITA Nos

Bench: Shri Rajpal Yadav, Vp & Shri Dr. Manish Borad, Am

132(4) at Rs. 15 lacs and requested not to impose penalty u/s 271(1)(c) of the IT Act. The ld. AO imposed the penalty by invoking the Explanation 5A to section

SVM CERA PRIVATE LIMITED ,GUJRAT vs. ACIT,C.C-1(1). KOLKATA. , KOLKATA

In the result, both the appeals in ITA Nos

Bench: Shri Rajpal Yadav, Vp & Shri Dr. Manish Borad, Am

132(4) at Rs. 15 lacs and requested not to impose penalty u/s 271(1)(c) of the IT Act. The ld. AO imposed the penalty by invoking the Explanation 5A to section

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

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

section 271(1)(c). That is clearly not the intendment\nof the Legislature.\n11. In this behalf the observations of this Court made in Sree Krishna Electricals v. State\nof Tamil Nadu[2009] 23 VST 249 as regards the penalty are apposite. In the\naforementioned decision which pertained to the penalty proceedings in Tamil Nadu\nGeneral Sales

SANDIP JHUNJHUNWALA,,KOLKATA vs. DCIT, CENTRAL CIRCLE 4(3),, KOLKATA

In the result, the appeal of the assessee is allowed

penalty u/s 271AAA of the Income-tax\nAct, 1961 (the Act). For the purpose of proper understanding of\nProvisions of Section 271(2)AAA of the Act, the same are extracted\nbelow:-\n\"271AAA. (1)\n(2) Nothing contained in sub-section (1) shall apply if the assessee,\n(i)\nin the course of the search, in a statement under

SUSHIL KUMAR AGARWAL,KOLKATA vs. D.C.I.T., CENTRAL CIRCLE - 2(2), KOLKATA, KOLKATA

In the result, appeal filed by the assessee is allowed

132(4) itself is not sufficient to levy penalty under\nsection 271AAB until and unless income so disclosed by assessee falls in definition\nof undisclosed income defined in Explanation to section 271AAB. (page nos. 74 to\n91 of Paper Book)\niii) In the similar line, the Jaipur ITAT in the case of Shri Dinesh Kumar Agarwal [ITA\nNo. 855 & 856/JP/2017

POONAM MOHTA,KOLKATA vs. ACIT, C.C-1(1), KOLKATA, KOLKATA

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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

u/s 271AAB is not leviable. Our attention was also drawn to page 9 of the paper book stating that the notice was defective and therefore, the assessee should not be penalised. The Ld. AR also referred to pages 6, 7 & 8 of the paper book to re-emphasize the fact that there was no incriminating material and so the penalty

GURUPADA MAJI,PURULIA vs. ADDL. C.I.T., CENTRAL RANGE - 2,, KOLKATA

In the result, all the four appeals of the assessee are allowed for statistical purposes

Bench: Shri George Mathan & Shri Rakesh Mishra

132 of the Act and assessment u/s 153A r.w.s. 143(3) of the Income Tax Act 1961 was completed on 24/03/2022. The assessee, being aggrieved with the assessment made, preferred an appeal before the Ld. Commissioner of Income Tax (Appeals). Meanwhile, the Ld. AO had initiated the penalty proceedings for violation of the provisions of section 269ST

GURUPADA MAJI,PURULIA vs. ADDL. CIT, CENTRAL RANGE - 2,, KOLKATA

In the result, all the four appeals of the assessee are allowed for statistical purposes

Bench: Shri George Mathan & Shri Rakesh Mishra

132 of the Act and assessment u/s 153A r.w.s. 143(3) of the Income Tax Act 1961 was completed on 24/03/2022. The assessee, being aggrieved with the assessment made, preferred an appeal before the Ld. Commissioner of Income Tax (Appeals). Meanwhile, the Ld. AO had initiated the penalty proceedings for violation of the provisions of section 269ST

GURUPADA MAJI,PURULIA vs. ADDL. C.I.T., CENTRAL RANGE - 2,, KOLKATA

In the result, all the four appeals of the assessee are allowed for statistical purposes

Bench: Shri George Mathan & Shri Rakesh Mishra

132 of the Act and assessment u/s 153A r.w.s. 143(3) of the Income Tax Act 1961 was completed on 24/03/2022. The assessee, being aggrieved with the assessment made, preferred an appeal before the Ld. Commissioner of Income Tax (Appeals). Meanwhile, the Ld. AO had initiated the penalty proceedings for violation of the provisions of section 269ST

GURUPADA MAJI,PURULIA vs. ADDL. C.I.T., CENTRAL RANGE - 2,, KOLKATA

In the result, all the four appeals of the assessee are allowed for statistical purposes

Bench: Shri George Mathan & Shri Rakesh Mishra

132 of the Act and assessment u/s 153A r.w.s. 143(3) of the Income Tax Act 1961 was completed on 24/03/2022. The assessee, being aggrieved with the assessment made, preferred an appeal before the Ld. Commissioner of Income Tax (Appeals). Meanwhile, the Ld. AO had initiated the penalty proceedings for violation of the provisions of section 269ST

M/S. JEWEL INDIA JEWELLERS,KOLKATA vs. DCIT, CENTRAL CIRCLE 4(4),, KOLKATA

In the result the appeal of the assessee is allowed

Bench: the CIT(A) and the Tribunal, the primary contention of the assessee is that there was no concealment of income or furnishing of inaccurate particulars thereof. The income declared in the course of the survey had already been disclosed in the original return filed under Section 139(1). Therefore, there was no case of concealment warranting penalty under Section 271(1)(c) of the Act.

u/s 250 of the Income Tax Act, 1961 (hereafter “the Act”), dated 25.06.2025, passed by the Ld. Commissioner of Income Tax (Appeals), Kolkata-27 (hereafter “the Ld. CIT(A)]. 2. Brief facts of the case are that a survey under Section 133A of the Act was conducted in the case of the assessee, who is a key person connected with

GOPAL BANIK,KOLKATA vs. PCIT(CENTRAL), KOLKATA -2,, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2019-20 Gopal Banik…….…………..……..……….………….……….……….……Appellant 20, Apc Road, Kol- 700009.. [Pan: Aegpb1186E] Vs. Pcit (Central)-2, Kolkata…………………………..…….....……...…..…..Respondent Appearances By: Shri K K Khemka, Advocate, Appeared On Behalf Of The Appellant. Shri Sandeep Kumar Mehta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 05, 2026 Date Of Pronouncing The Order : January 21, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.11.2024 Of The Nfac, Delhi (Hereinafter Referred To As The “Cit(A)”) Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2020–21. 2. The Appeal Has Been Filed By The Assessee With A Delay Of 174 Days & The Assessee Has Filed An Affidavit For Condonation Of The Delay. After Going Over The Said Affidavit, We Find Sufficient Reasons Behind The Delay & Consequently, The Delay In Filing The Appeal Is Hereby Condoned & We Proceed To Dispose Of The Appeal On Merits.

132 Gopal Banik of the Act was conducted on the assessee on 23.04.2019. A credible information was received from the officer-in-charge that a cash seizure of Rs.80,02,000/- was made from the assessee and consequent to such search proceedings, the assessee was issued notices. Based on the details submitted by the police authority and after going over

ACIT, CC- 3(4), KOLKATA , KOLKATA vs. M/S. HIMATSINGKA SEIDE LIMITED , BANGALORE

In the result, appeal of the assessee in IT(SS)A No

Bench: Shri Sanjay Garg & Shri Girish Agrawalit(Ss)A No.17/Kol/2018 Assessment Year: 2008-09 Himatsingka Seide Ltd. Deputy Commissioner Of 10/24, Kumara Krupa Road, High Vs. Income Tax, Central Circle- Grounds, Bangalore-560001. Xvi, Kolkata. (Pan: Aaach3507N) (Appellant) (Respondent) & It(Ss)A No.20/Kol/2018 Assessment Year: 2008-09 Assistant Commissioner Of Himatsingka Seide Ltd. Vs. Income-Tax, Central Circle-3(4), Kolkata. (Appellant) (Respondent) & Assessment Year: 2008-09 Assistant Commissioner Of Himatsingka Seide Ltd. Vs. Income-Tax, Central Circle-3(4), Kolkata. (Appellant) (Respondent)

penalty proceedings u/s 271 (1 )(c) of the Act. The Appellant submits that each of the above grounds is independent and without prejudice to one another. The Appellant craves leave to add, alter, amend, vary, omit or substitute any of the aforesaid grounds of appeal at any time before or at the time of hearing of the appeal

M/S TATA GLOBAL BEVERAGES LIMITED,KOLKATA vs. THE DCIT, CIRCLE-4(2), KOLKATA, KOLKATA

In the result, the appeals filed by the assessee for AY 2012-

Bench: Dr. Manish Borad & Sonjoy Sarma

penalty under section 271(1)(c) of the Act mechanically and without recording any satisfaction for its initiation. The above grounds are without prejudice to each other. The Appellant craves leave to alter, amend or withdraw all or any of the grounds herein or add any further grounds as may be considered necessary either before or during the hearing.” Additional

M/S TATA GLOBAL BEVERAGES LIMITED,KOLKATA vs. THE DCIT, CIRCLE-4(2), KOLKATA, KOLKATA

In the result, the appeals filed by the assessee for AY 2012-

Bench: Dr. Manish Borad & Sonjoy Sarma

penalty under section 271(1)(c) of the Act mechanically and without recording any satisfaction for its initiation. The above grounds are without prejudice to each other. The Appellant craves leave to alter, amend or withdraw all or any of the grounds herein or add any further grounds as may be considered necessary either before or during the hearing.” Additional

M/S. ROSEWOOD MERCANTILE PVT. LTD.,KOLKATA vs. I.T.O., WARD - 3(2), KOLKATA, KOLKATA

In the result, the appeals of the assessee are allowed

Bench: Shri Rajesh Kumar, Am & Shri Sonjoy Sarma, Jm

132 of the Act was executed. In the present case, there is no doubt that the last date by which the assessment had to be made was 31st December, 2016. As further rightly noticed Section 153B (1) uses the expression "order of assessment" and not merely 'assessment'. Therefore, the assessment order becomes an order only when in fact