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

ITO, WARD-44(2), KOLKATA, KOLKATA vs. RITU SARAF, KOLKATA

In the result, the appeals filed by the Revenue in ITA Nos

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 142(1) notice and also the 2(two) show-cause notices. The assessee also failed to produce Shri Rajesh Agarwal before the AO. The additions as mentioned above followed and the penalty u/s 271(1)(c) of the I.T. Act was levied for Rs. 5,57,10,274/- and Rs. 2,37,10,662/- for the Assessment Years

I.T.O., WARD-44(2), KOLKATA, KOLKATA vs. RITU SARAF, KOLKATA

In the result, the appeals filed by the Revenue in ITA Nos

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 142(1) notice and also the 2(two) show-cause notices. The assessee also failed to produce Shri Rajesh Agarwal before the AO. The additions as mentioned above followed and the penalty u/s 271(1)(c) of the I.T. Act was levied for Rs. 5,57,10,274/- and Rs. 2,37,10,662/- for the Assessment Years

I.T.O., WARD-44(2), KOLKATA, KOLKATA vs. RITU SARAF, KOLKATA

In the result, the appeals filed by the Revenue in ITA Nos

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 142(1) notice and also the 2(two) show-cause notices. The assessee also failed to produce Shri Rajesh Agarwal before the AO. The additions as mentioned above followed and the penalty u/s 271(1)(c) of the I.T. Act was levied for Rs. 5,57,10,274/- and Rs. 2,37,10,662/- for the Assessment Years

ITO, WARD-44(2), KOLKATA, KOLKATA vs. RITU SARAF, KOLKATA

In the result, the appeals filed by the Revenue in ITA Nos

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 142(1) notice and also the 2(two) show-cause notices. The assessee also failed to produce Shri Rajesh Agarwal before the AO. The additions as mentioned above followed and the penalty u/s 271(1)(c) of the I.T. Act was levied for Rs. 5,57,10,274/- and Rs. 2,37,10,662/- for the Assessment Years

ALOSHA MARKETING PVT. LTD.,KOLKATA vs. ACIT, CIR. 4(1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. No. 313/Kol/2024 Assessment Year: 2013-2014 Alosha Marketing Pvt. Ltd.,……………..………Appellant 62A, Hazra Road, Kolkata-700019 [Pan:Aacca1930G] -Vs.- Assistant Commissioner Of Income Tax,.…Respondent Circle-4(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri N.S. Saini, A.R. & Priyanka Salarpuria, A.R., Appeared On Behalf Of The Assessee Shri Manas Mondal, Addl. Cit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : April 30, 2024 Date Of Pronouncing The Order : July 08, 2024 O R D E R

150 (Ker), 9) Special Leave petition dismissed by the Supreme Court (1993) 201 ITR (St.) 23 (SC); 10) CIT Vs. Precision Finance Pvt. Ltd. (1994) 208 ITR 465, 470 (Cal.) 11) Cf. Nizam Wool Agency -vs.- CIT (1992) 193 ITR 318, 320 (All). In the light of the ratio of the decisions as discussed earlier in the cases of following

TATA CONSUMER PRODUCTS LIMITED,KOLKATA vs. DCIT, CIR.-4(1), KOLKATA

In the result, the appeal for AY 2014-15 is partly allowed

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Years: 2014-15 & Assessment Years: 2015-16

150/- under normal provi- sions and Rs. 5,86,43,95,036/- under the provisions of Section 115JB of the Act and claiming a refund of Rs. 46,91,630/-. During the relevant year under consideration, the company got amalgamated with 'Mount Ev- erest Mineral Water Limited' (hereinafter referred to as MEMW) pursuant to a scheme of amalgamation u/s

TATA CONSUMER PRODUCTS LIMITED,KOLKATA vs. DCIT, CIR.-4(1), KOLKATA

In the result, the appeal for AY 2014-15 is partly allowed

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Years: 2014-15 & Assessment Years: 2015-16

150/- under normal provi- sions and Rs. 5,86,43,95,036/- under the provisions of Section 115JB of the Act and claiming a refund of Rs. 46,91,630/-. During the relevant year under consideration, the company got amalgamated with 'Mount Ev- erest Mineral Water Limited' (hereinafter referred to as MEMW) pursuant to a scheme of amalgamation u/s

BALHANUMAN COMMODEAL PVT. LTD.,KOLKATA vs. ITO, WARD-5(4), KOLKATA

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2012-13

Penalty proceedings u/s 271(1)(c) of the I. T. Act, 1961 has been initiated against the assessee on this point for concealing the particulars of income and furnishing Inaccurate particulars of income. 5. It is found that the assessee has shown Rs. 14,00,000/- as current investments in equity as on 31.03.2012. No such is found

ITO, WARD-12(2), KOLKATA, KOLKATA vs. M/S DREAMZ LIFE CARE NURSING & DIAGNOSTIC CENTRE PVT. LTD., KOLKATA

In the result, the appeals filed by the Revenue in I

Bench: Sri Rajpal Yadav & Dr. Manish Borad

150/- income assessed at Rs. 2,63,56,550/-. Page 3 of 18 I.T.A. No.: 2038/KOL/2016 I.T.A. No.: 2569/KOL/2018 Assessment Year: 2012-13 M/s. Dreamz Life Care Nursing & Diagnostic Centre Pvt. Ltd. M/s. Dreamz Movies & Entertainment Pvt. Ltd. Facts in I.T.A. No.: 2569/KOL/2018 M/s. Dreamz Movies & Entertainment Pvt. Ltd.: 4. Facts in brief are that the assessee is a private

ITO, WARD - 3(2) , KOLKATA vs. M/S. DREAMZ MOVIES & ENTERTAINMENT PVT. LTD., , KOLKATA

In the result, the appeals filed by the Revenue in I

Bench: Sri Rajpal Yadav & Dr. Manish Borad

150/- income assessed at Rs. 2,63,56,550/-. Page 3 of 18 I.T.A. No.: 2038/KOL/2016 I.T.A. No.: 2569/KOL/2018 Assessment Year: 2012-13 M/s. Dreamz Life Care Nursing & Diagnostic Centre Pvt. Ltd. M/s. Dreamz Movies & Entertainment Pvt. Ltd. Facts in I.T.A. No.: 2569/KOL/2018 M/s. Dreamz Movies & Entertainment Pvt. Ltd.: 4. Facts in brief are that the assessee is a private

KONINKLIJKE PHILIPS N.V.,NETHERLANDS vs. DCIT (IT), CIRCLE - 1(2), KOLKATA , KOLKATA

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

Bench: Sri Rajpal Yadav & Dr. Manish Borad

penalty proceedings under section 271(l)(c) of the Act for concealment of income/ furnishing inaccurate particulars of income. The Appellant craves leave to add, alter, amend, amplify or modify any or all of the above grounds of appeal at or before the time of hearing of the appeal. The Appellant submits that the above grounds are independent and without

M D DIESEL SPARES,HOWRAH vs. ITO, WARD-47, KOLKATA

In the result, the appeal of the assessee stands allowed

Bench: Shri Sanjay Garg & Rajesh Kumari.T.A No.1430/Kol/2023 Assessment Year: 2012-13 M D Diesel Spares………..………………………… ........................……Appellant 7/12, Kings Road, Howrah-711101. [Pan: Aakfm7649F] Vs. Ito, Ward-47(2), Kolkata..................…................…........……...…..…..Respondent Appearances By: Shri A. K. Tibrewal & Saurabh Gupta, Ar, Appeared On Behalf Of The Appellant. Shri Prabir Gupta Choudhury, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 26, 2024 Date Of Pronouncing The Order : May 03, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 28.10.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Agitated Against The Addition Of Rs.18,85,520/- Made By The Assessing Officer U/S 69C Of The Act On Account Of Bogus Purchases. 3. The Brief Facts Of The Case Are That The Assessee Firm Is Involved In The Business Of Spare Parts Of The Machinery. The Assessee Firm For The Year Under Consideration Filed Its Return Of Income Declaring A Total Income Of Rs.45,150/-. The Said Return Was Processed U/S 143(1) Of The

150/-. The said return was processed u/s 143(1) of the I.T.A No.1430/Kol/2023 Assessment year: 2012-13 M D Diesel Spares Act. Thereafter, information was received by the Assessing Officer from the Investigation Wing that one Shri Sanjiw Kumar Singh was involved in providing bogus bills to various parties. That the assessee was also one of the beneficiaries of bogus

SITANGSHU DAS,SOUTH TWENTY FOUR PARGANAS vs. ITO, WARD - 26(1),, KOLKATA

In the result, the appeal of the assessee is partly allowed for\nstatistical purposes

150/-), without considering the fact that\nthe other family members of the Proprietor was engaged in Regular Monthly\nEarning are thus the Addition of Rs. 1,05,580/- which imaginary,\nhypothetical and arbitrary.\n6) Various Expenses without Supporting Vouchers :- Rs.14,29,742/-\nThat on the facts and in the circumstances of the case, the assessing\nofficer/appellate authority disallowed