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

143(1) of the Act. Thereafter, a search u/s 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

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

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

143(3) of the Act vide order dated 31.03.2015, at ₹21,71,80,550/-. The case of the assessee was reopened u/s 147 of the Act by issuing notice u/s 148 of the Act on 31.03.2019, and assessment was accordingly completed by the Id. AO by making addition of ₹11,31,000/- u/s 68 of the Act by treating

DCIT, CC-4(2), KOLKATA, KOLKATA vs. NALINI BHASKARAN , KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

271(1)c. While it is trite law that the said section creates a presumption against the appellant and there is no necessity for proving mens Rea for the imposition of penalty, there is also a second limb of this section. This relates to the actual quantum of penalty that is to be imposed - whether 100% or more, going

DCIT, CC-4(2), KOLKATA, KOLKATA vs. NALINI BHASKARAN , KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

271(1)c. While it is trite law that the said section creates a presumption against the appellant and there is no necessity for proving mens Rea for the imposition of penalty, there is also a second limb of this section. This relates to the actual quantum of penalty that is to be imposed - whether 100% or more, going

DCIT, CC-4(2), KOLKATA, KOLKATA vs. NALINI BHASKARAN , KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

271(1)c. While it is trite law that the said section creates a presumption against the appellant and there is no necessity for proving mens Rea for the imposition of penalty, there is also a second limb of this section. This relates to the actual quantum of penalty that is to be imposed - whether 100% or more, going

DCIT,CC-4(2), KOLKATA, KOLKATA vs. THARUR BHASKARAN, KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

271(1)c. While it is trite law that the said section creates a presumption against the appellant and there is no necessity for proving mens Rea for the imposition of penalty, there is also a second limb of this section. This relates to the actual quantum of penalty that is to be imposed - whether 100% or more, going

DCIT,CC-4(2), KOLKATA, KOLKATA vs. THARUR BHASKARAN, KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

271(1)c. While it is trite law that the said section creates a presumption against the appellant and there is no necessity for proving mens Rea for the imposition of penalty, there is also a second limb of this section. This relates to the actual quantum of penalty that is to be imposed - whether 100% or more, going

DCIT, CC-4(2), KOLKATA, KOLKATA vs. NALINI BHASKARAN , KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

271(1)c. While it is trite law that the said section creates a presumption against the appellant and there is no necessity for proving mens Rea for the imposition of penalty, there is also a second limb of this section. This relates to the actual quantum of penalty that is to be imposed - whether 100% or more, going

DCIT, CC-4(2), KOLKATA, KOLKATA vs. NALINI BHASKARAN , KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

271(1)c. While it is trite law that the said section creates a presumption against the appellant and there is no necessity for proving mens Rea for the imposition of penalty, there is also a second limb of this section. This relates to the actual quantum of penalty that is to be imposed - whether 100% or more, going

DCIT,CC-4(2), KOLKATA, KOLKATA vs. THARUR BHASKARAN, KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

271(1)c. While it is trite law that the said section creates a presumption against the appellant and there is no necessity for proving mens Rea for the imposition of penalty, there is also a second limb of this section. This relates to the actual quantum of penalty that is to be imposed - whether 100% or more, going

DCIT,CC-4(2), KOLKATA, KOLKATA vs. THARUR BHASKARAN, KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

271(1)c. While it is trite law that the said section creates a presumption against the appellant and there is no necessity for proving mens Rea for the imposition of penalty, there is also a second limb of this section. This relates to the actual quantum of penalty that is to be imposed - whether 100% or more, going

DCIT,CC-4(2), KOLKATA, KOLKATA vs. THARUR BHASKARAN, KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

271(1)c. While it is trite law that the said section creates a presumption against the appellant and there is no necessity for proving mens Rea for the imposition of penalty, there is also a second limb of this section. This relates to the actual quantum of penalty that is to be imposed - whether 100% or more, going

DCIT, CC-4(2), KOLKATA, KOLKATA vs. NALINI BHASKARAN , KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

271(1)c. While it is trite law that the said section creates a presumption against the appellant and there is no necessity for proving mens Rea for the imposition of penalty, there is also a second limb of this section. This relates to the actual quantum of penalty that is to be imposed - whether 100% or more, going

DCIT, CC-4(2), KOLKATA, KOLKATA vs. NALINI BHASKARAN , KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

271(1)c. While it is trite law that the said section creates a presumption against the appellant and there is no necessity for proving mens Rea for the imposition of penalty, there is also a second limb of this section. This relates to the actual quantum of penalty that is to be imposed - whether 100% or more, going

DCIT, CC-4(2), KOLKATA, KOLKATA vs. NALINI BHASKARAN , KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

271(1)c. While it is trite law that the said section creates a presumption against the appellant and there is no necessity for proving mens Rea for the imposition of penalty, there is also a second limb of this section. This relates to the actual quantum of penalty that is to be imposed - whether 100% or more, going

DCIT, CC-4(2), KOLKATA, KOLKATA vs. NALINI BHASKARAN , KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

271(1)c. While it is trite law that the said section creates a presumption against the appellant and there is no necessity for proving mens Rea for the imposition of penalty, there is also a second limb of this section. This relates to the actual quantum of penalty that is to be imposed - whether 100% or more, going

DCIT, CC-4(2), KOLKATA, KOLKATA vs. NALINI BHASKARAN , KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

271(1)c. While it is trite law that the said section creates a presumption against the appellant and there is no necessity for proving mens Rea for the imposition of penalty, there is also a second limb of this section. This relates to the actual quantum of penalty that is to be imposed - whether 100% or more, going

DCIT, CC-4(2), KOLKATA, KOLKATA vs. NALINI BHASKARAN , KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

271(1)c. While it is trite law that the said section creates a presumption against the appellant and there is no necessity for proving mens Rea for the imposition of penalty, there is also a second limb of this section. This relates to the actual quantum of penalty that is to be imposed - whether 100% or more, going