M/S. RUPASI BANGLA ARGO INDUSTRIES PVT. LTD. ,MIDNAPUR vs. ITO, WARD- 38(1), MIDNAPUR, MIDNAPUR

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.630/Kol/2023 Assessment Years: 2014-15 Vs. M/S. Rupasi Bangla Argo Income Tax Officer, Ward-38(1), Industries Pvt. Ltd. Midnapur Duki, Village & P.O. Duki, Dist. Paschim Midnapore- 721253. (Pan: Aaecr8402L) (Appellant) (Respondent)

149/-. Ld. AO thus, made total addition of Rs.28,49,934/- but since the assessee had declared loss of Rs.34,27,940/- the income assessed at Rs. Nil. Penalty proceeding u/s. 271(1)(c) of the Act was initiated and vide order dated 28.06.2017 penalty of Rs.8,78,158/- levied u/s. 271(1

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

In the result, the appeal of the assessee is allowed

271(1)© of the Income-tax Act, 1961, may be decided on the merits, did\nnot amount to an admission of concealment of income and the levy of penalty on\nsuch basis was liable to be quashed.”\nFrom the above, it is clear that penalty cannot be levied merely on the admission of the\nassessee and there must be some

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

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

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

149 to 154\nof Paper Book)\no) In consideration of the fact and the submission, the said action of the Assessing\nOfficer of allegedly considering the suo moto offering of Rs. 1,95,00,000/- made by\nthe Appellant as undisclosed income for the purpose of invoking penalty u/s\n271ААВ сапnot be sustained. Thus, it is requested that the penalty

RAGHUVIR RETAILERS PVT. LTD.,KOLKATA vs. PCIT-2, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Pcit-2 Raghuvir Retailers Pvt. Ltd. Aaykar Bhavan P-7, Mandawa Shikhar, 151, Sarat Chowringhee Square, Kolkata- Bose Road, Kolkata-700026, Vs. 700069, West Bengal West Bengal (Respondent) (Appellant) Pan No. Aaecr8231M Assessee By : Shri S.M. Surana, Ar Revenue By : Shri Subhendu Datta, Dr Date Of Hearing: 19.12.2024 Date Of Pronouncement : 11.02.2024

149(1)(b) of the Act, constitutes a jurisdictional error on the part of the respondents. 11. Learned counsel for the petitioner makes a reference to a Division Bench judgment of the High Court of Calcutta in Commissioner of IncomeTax v. Aparna Agency (P.) Ltd.1 to contend that the provisions of section 192(B) of the Act do not provide

MOHAMMED GYASUDDIN,KOLKATA vs. ACIT, CIR.-30, KOLKATA

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

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

271(1)(c), 271D and 271E read with Section 274 of the Act.” Page 3 of 15 I.T.A. No.: 570/KOL/2020 Assessment Year: 2011-12 Mohammed Gyasuddin. 3.2. With this finding he set aside to the AO for detailed verification of cash transaction to the tune of Rs. 5,21,17,075/-. 3.3. It needs to be mentioned that the present

MANOJ JAIN,KOLKATA vs. I.T.O., WARD-29(4), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Sanjay Gargshri Rajesh Kumar]

149(1)(b) of the Act, constitutes a jurisdictional error on the part of the respondents. 11. Learned counsel for the petitioner makes a reference to a Division Bench judgment of the High Court of Calcutta in Commissioner of IncomeTax v. Aparna Agency (P.) Ltd.1 to contend that the provisions of section 192(B) of the Act do not provide

M/S VIBHUTI MARKETING PVT. LTD.,KOLKATA vs. ITO, WARD-11(1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: the Assessing Officer by stating that the assessee received Rs.10,00,000/- from M/s Gajgamini Commodities on account of sale of shares. However, the Assessing Officer without doing any verification on the evidences furnished by the assessee which comprises of ledger account, bank statement, ITR, Balance Sheet etc. of Gajgamini Commodities Pvt. Ltd. The ld AO came to the conclusion that the assessee has not prove the genuineness of the transaction and consequently added amount to the income

149(1)(b) of the Act, constitutes a jurisdictional error on the part of the respondents. 11. Learned counsel for the petitioner makes a reference to a Division Bench judgment of the High Court of Calcutta in Commissioner of IncomeTax v. Aparna Agency (P.) Ltd.1 to contend that the provisions of section 192(B) of the Act do not provide

STREAM SUPPLIERS PVT. LTD.,,KOLKATA vs. ITO, WARD 7(1),, KOLKATA

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

149(1)(b), and accordingly, the limitation period for reopening applies without exception. 3. For That Appellate Authority failed to appreciate that the notice under Section 148 dated 13.07.2022 was wrongly issued by the Assessing Officer of Ward 7(1), Kolkata, whereas the Appellant's registered office at 20A, British India Street, Kolkata 700069 falls under Ward 7(4), Kolkata

MOHAMMED GYASUDDIN,KOLKATA vs. ACIT, CIR.-30, KOLKATA

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

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

271(1)(c), 271D and 271E r.w.s 274 of the Act. ……………………………………………………………………………………………... ……………………………………………………………………………………………... 19. However, as stated in various paras supra, the assessee has been indulging in cash transactions to the tune of Rs. 1,56,50,000/- during the FY 2011-12 relevant to AY 2012-13. Though the AO has given a set off of Rs.8,50,944/- wrongly without

NARAYAN BARTER PRIVATE LIMITED,KOLKATA vs. INCOME TAX OFFICER,WARD-6(1),KOLKATA, KOLKATA

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Penalty proceedings under section 271(1)(c) were also initiated for concealment of income of ₹81,50,000/-. Aggrieved with the assessment order, the assessee filed an appeal before the Ld. CIT(A) who considered the observation of the Ld. AO, the submissions of the ITA No(s). 2572/KOL/2025 Assessment Year(s) 2011-12 Narayan Barter Private Limited. assessee during

M/S. GYANCHAND PODDAR HUF,KOLKATA vs. ITO, WARD 43(1), , KOLKATA

Appeal of the assessee is allowed

section 271(1)(c) were applicable. 6 For that the penalty imposed is otherwise bad in law since all details and evidences to prove the capital gain were filed, the transaction was bonafide and no material as brought on record that the explanation of the assesee was not acceptable.” 2.1 Before us, the Ld. AR argued on the legal ground

RECKITT BENCKISER (INDIA) PVT LTD.,KOLKATA vs. DCIT, CIRCLE-12(1), KOLKATA, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmaita Nos.78/Kol/2018 Assessment Year: 2013-14 &

penalty proceedings under sections 271(1)(c) of the Act. 13. The above grounds are independent and without prejudice to each other. The appellant craves leave to add, amend, modify, alter, withdraw or vary any grounds of appeal either before or at the time of hearing of appeal proceedings.” 4. Facts of the case as stated in the order

RECKITT BENCKISER (INDIA) PVT LTD.,KOLKATA vs. DCIT, CIRCLE-12(1), KOLKATA, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmaita Nos.78/Kol/2018 Assessment Year: 2013-14 &

penalty proceedings under sections 271(1)(c) of the Act. 13. The above grounds are independent and without prejudice to each other. The appellant craves leave to add, amend, modify, alter, withdraw or vary any grounds of appeal either before or at the time of hearing of appeal proceedings.” 4. Facts of the case as stated in the order

RECKITT BENCKISER (INDIA) PVT. LTD.,GURGAON vs. D.C.I.T., CIRCLE - 11(1),, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmaita Nos.78/Kol/2018 Assessment Year: 2013-14 &

penalty proceedings under sections 271(1)(c) of the Act. 13. The above grounds are independent and without prejudice to each other. The appellant craves leave to add, amend, modify, alter, withdraw or vary any grounds of appeal either before or at the time of hearing of appeal proceedings.” 4. Facts of the case as stated in the order

KALYANI KOLEY,HOWRAH vs. CIT(A), KOLKATA

Appeal of the assessee is allowed

Bench: SHRI SONJOY SARMA, JUDICIAL MEMBER SHRI SANJAY AWASTHI (Accountant Member)

271(1)(c) of the Act for the assessment year 2013-14 in the case of your petitioner. After going through the annexure of the said notice, he understood that since the Commissioner (Appeals), by the said order dated November 1, 2023, dismissed the appeal filed by your petitioner, said penalty notice was issued by the National Faceless Assessment Centre