SRI SANAT KUMAR DAS,KOLKATA vs. DCIT, (I.T.), CIR. 2(1), KOLKATA

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

Bench: Sri Rajpal Yadav, Vice- & Sri Sanjay Awasthi

penalty was leviable as there was no concealment of income as was made out by the ld. AO. He also took us through the peculiar facts of this case and pointed out that the ld. first appellate authority, vide order dated 11.01.2024, duly noted the ld. CIT(A)’s order dated 31.05.2019 (u/s 154 of the Act) and held that

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

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-imposed u/s

KRISHNA KUMAR KEDIA ,KOLKATA vs. ITO, WARD 30(1), , KOLKATA

Appeal of the assessee is dismissed

penalty order u/s 271(1)(c), dated 30.09.2014 for your necessary action In this regard this is also to inform you that the following demands along with interest u/s 220(2) of the I.T. Act are still outstanding. SI Asst. Section Amount of Intt. u/s Total No. Year demand (Rs) 220(2) demand outstanding 1 2011-12 144/143

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

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

154 1TR 148 / 22 Taxman 11 (SC) can have its application only where colourable or artificial devices are adopted and not to the transactions which are otherwise legitimate and are undertaken bona fide in the ordinary course of business. In other words, where the devices though seemingly legal are adopted in collusion or where devices adopted are not genuine

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

TDK INDIA PRIVATE LTD. ,KOLKATA vs. DCIT, CPC-TDS, UTTAR-PRADESH

In the result, the appeal of the revenue is dismissed

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 393, 394, 395 & 396/Kol/2023 Assessment Year: 2019-20 Tdk India Private Limited Deputy Commissioner Of Income Kulia Kanchrapara Road Vs Tax - Cpc, Tds P.O. Netaji Subhas Sanatorium Kalyani Nadia - 741251 [Pan : Aaaci6950Q] अपीलाथ"/ (Assessee ) "" यथ"/ (Respondent)

u/s No. INR off) appeal was filed 1 Q1 2018 154 TDS/1819 25-Jul- 2,23,088 33,447 2,56,540 2,56,540 -19 /27Q/D/1 2019 00034548 989 2 Q2 2018 154 TDS/1819 25-Jul- 2,69,015 32,198 3,01,210 3,01,210 -19 /27Q/D/1 2019 00034549 022 3 Q3 2018 154 TDS/1819

TDK INDIA PRIVATE LTD. ,KOLKATA vs. DCIT, CPC-TDS, UTTAR-PRADESH

In the result, the appeal of the revenue is dismissed

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 393, 394, 395 & 396/Kol/2023 Assessment Year: 2019-20 Tdk India Private Limited Deputy Commissioner Of Income Kulia Kanchrapara Road Vs Tax - Cpc, Tds P.O. Netaji Subhas Sanatorium Kalyani Nadia - 741251 [Pan : Aaaci6950Q] अपीलाथ"/ (Assessee ) "" यथ"/ (Respondent)

u/s No. INR off) appeal was filed 1 Q1 2018 154 TDS/1819 25-Jul- 2,23,088 33,447 2,56,540 2,56,540 -19 /27Q/D/1 2019 00034548 989 2 Q2 2018 154 TDS/1819 25-Jul- 2,69,015 32,198 3,01,210 3,01,210 -19 /27Q/D/1 2019 00034549 022 3 Q3 2018 154 TDS/1819

TDK INDIA PRIVATE LTD. ,KOLKATA vs. DCIT, CPC-TDS, UTTAR-PRADESH

In the result, the appeal of the revenue is dismissed

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 393, 394, 395 & 396/Kol/2023 Assessment Year: 2019-20 Tdk India Private Limited Deputy Commissioner Of Income Kulia Kanchrapara Road Vs Tax - Cpc, Tds P.O. Netaji Subhas Sanatorium Kalyani Nadia - 741251 [Pan : Aaaci6950Q] अपीलाथ"/ (Assessee ) "" यथ"/ (Respondent)

u/s No. INR off) appeal was filed 1 Q1 2018 154 TDS/1819 25-Jul- 2,23,088 33,447 2,56,540 2,56,540 -19 /27Q/D/1 2019 00034548 989 2 Q2 2018 154 TDS/1819 25-Jul- 2,69,015 32,198 3,01,210 3,01,210 -19 /27Q/D/1 2019 00034549 022 3 Q3 2018 154 TDS/1819

TDK INDIA PRIVATE LTD. ,KOLKATA vs. DCIT, CPC-TDS, UTTAR-PRADESH

In the result, the appeal of the revenue is dismissed

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 393, 394, 395 & 396/Kol/2023 Assessment Year: 2019-20 Tdk India Private Limited Deputy Commissioner Of Income Kulia Kanchrapara Road Vs Tax - Cpc, Tds P.O. Netaji Subhas Sanatorium Kalyani Nadia - 741251 [Pan : Aaaci6950Q] अपीलाथ"/ (Assessee ) "" यथ"/ (Respondent)

u/s No. INR off) appeal was filed 1 Q1 2018 154 TDS/1819 25-Jul- 2,23,088 33,447 2,56,540 2,56,540 -19 /27Q/D/1 2019 00034548 989 2 Q2 2018 154 TDS/1819 25-Jul- 2,69,015 32,198 3,01,210 3,01,210 -19 /27Q/D/1 2019 00034549 022 3 Q3 2018 154 TDS/1819

TDK INDIA PRIVATE LTD. ,KOLKATA vs. DCIT, CPC-TDS, UTTAR-PRADESH

In the result, the appeal of the revenue is dismissed

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 393, 394, 395 & 396/Kol/2023 Assessment Year: 2019-20 Tdk India Private Limited Deputy Commissioner Of Income Kulia Kanchrapara Road Vs Tax - Cpc, Tds P.O. Netaji Subhas Sanatorium Kalyani Nadia - 741251 [Pan : Aaaci6950Q] अपीलाथ"/ (Assessee ) "" यथ"/ (Respondent)

u/s No. INR off) appeal was filed 1 Q1 2018 154 TDS/1819 25-Jul- 2,23,088 33,447 2,56,540 2,56,540 -19 /27Q/D/1 2019 00034548 989 2 Q2 2018 154 TDS/1819 25-Jul- 2,69,015 32,198 3,01,210 3,01,210 -19 /27Q/D/1 2019 00034549 022 3 Q3 2018 154 TDS/1819

TDK INDIA PRIVATE LTD. ,KOLKATA vs. DCIT, CPC-TDS, UTTAR-PRADESH

In the result, the appeal of the revenue is dismissed

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 393, 394, 395 & 396/Kol/2023 Assessment Year: 2019-20 Tdk India Private Limited Deputy Commissioner Of Income Kulia Kanchrapara Road Vs Tax - Cpc, Tds P.O. Netaji Subhas Sanatorium Kalyani Nadia - 741251 [Pan : Aaaci6950Q] अपीलाथ"/ (Assessee ) "" यथ"/ (Respondent)

u/s No. INR off) appeal was filed 1 Q1 2018 154 TDS/1819 25-Jul- 2,23,088 33,447 2,56,540 2,56,540 -19 /27Q/D/1 2019 00034548 989 2 Q2 2018 154 TDS/1819 25-Jul- 2,69,015 32,198 3,01,210 3,01,210 -19 /27Q/D/1 2019 00034549 022 3 Q3 2018 154 TDS/1819

TDK INDIA PRIVATE LTD. ,KOLKATA vs. DCIT, CPC-TDS, UTTAR-PRADESH

In the result, the appeal of the revenue is dismissed

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 393, 394, 395 & 396/Kol/2023 Assessment Year: 2019-20 Tdk India Private Limited Deputy Commissioner Of Income Kulia Kanchrapara Road Vs Tax - Cpc, Tds P.O. Netaji Subhas Sanatorium Kalyani Nadia - 741251 [Pan : Aaaci6950Q] अपीलाथ"/ (Assessee ) "" यथ"/ (Respondent)

u/s No. INR off) appeal was filed 1 Q1 2018 154 TDS/1819 25-Jul- 2,23,088 33,447 2,56,540 2,56,540 -19 /27Q/D/1 2019 00034548 989 2 Q2 2018 154 TDS/1819 25-Jul- 2,69,015 32,198 3,01,210 3,01,210 -19 /27Q/D/1 2019 00034549 022 3 Q3 2018 154 TDS/1819

NANDLAL COMMERCIAL PRIVATE LIMITED,HOWRAH vs. INCOME TAX OFFICER WARD 3(1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Income Tax Officer, Nandlal Commercial Private Ward 3(1), Kolkata Limited, Kolkata Aaykar Bhavan, P-7, 1, Mahendra Nath Roy, Chowringhee Square, Vs. Bye Lane, Kolkata-711101, Kolkata-700069 West Bengal West Bengal (Appellant) (Respondent) Pan No. Aadcn2898K Assessee By : Shri Soumitra Choudhury, Ar Revenue By : Shri Manoj Kumar Pati, Dr Date Of Hearing: 16.07.2025 Date Of Pronouncement: 30.07.2025

154 of the 1.T. Act on 12.05.2015 arrived at Rs.48.36 lakhs as share capital with premium, as such the finding of the Ld. CIT(A) which is completely arbitrary, unjustified and illegal.” 03. Brief facts of the case are that notice u/s 143(3) was issued by ITO Ward 44(4), Kolkata. The case was then transferred

ACIT, CIR-14(1), KOLKATA, KOLKATA vs. M/S. ULTRATECH NATHDWARA CEMENT LTD.(KNOWN AS M/S BINANI CEMENT LTD.), KOLKATA

In the result, all the appeals of the Revenue as well as the assessee are dismissed as infructuous

Bench: Shri George Mathan & Shri Rakesh Mishra

154 of the Act. 2. On the facts and in the circumstances of the case, the CIT(A)- Central I erred in confirming the levy of interest u/s. 234B of the Act amounting to Rs.1,01,25,015 and u/s 234C of the Act amounting to Rs. 1,28,95804 totalling to Rs.2,30,20,819 on Book Profits u/s

M/S. ULTRATECH NATHDWARA CEMENT LTD.(FORMERLY KNOWN AS M/S. BINANI CEMENT LTD.,),KOLKATA vs. DCIT, CENTRAL CIRCLE - 2(2), KOLKATA, KOLKATA

In the result, all the appeals of the Revenue as well as the assessee are dismissed as infructuous

Bench: Shri George Mathan & Shri Rakesh Mishra

154 of the Act. 2. On the facts and in the circumstances of the case, the CIT(A)- Central I erred in confirming the levy of interest u/s. 234B of the Act amounting to Rs.1,01,25,015 and u/s 234C of the Act amounting to Rs. 1,28,95804 totalling to Rs.2,30,20,819 on Book Profits u/s

DCIT, CENTRAL CIRCLE 2(2), KOLKATA, KOLKATA vs. M/S. ULTRATECH NATHDWARA CEMENT LTD. (KNOWN AS M/S. BINANI CEMENT LTD.), KOLKATA

In the result, all the appeals of the Revenue as well as the assessee are dismissed as infructuous

Bench: Shri George Mathan & Shri Rakesh Mishra

154 of the Act. 2. On the facts and in the circumstances of the case, the CIT(A)- Central I erred in confirming the levy of interest u/s. 234B of the Act amounting to Rs.1,01,25,015 and u/s 234C of the Act amounting to Rs. 1,28,95804 totalling to Rs.2,30,20,819 on Book Profits u/s

BINANI CEMENT LTD.,MUMBAI vs. D.C.I.T., CENTRAL CIRCLE-XXVIII, KOLKATA, KOLKATA

In the result, all the appeals of the Revenue as well as the assessee are dismissed as infructuous

Bench: Shri George Mathan & Shri Rakesh Mishra

154 of the Act. 2. On the facts and in the circumstances of the case, the CIT(A)- Central I erred in confirming the levy of interest u/s. 234B of the Act amounting to Rs.1,01,25,015 and u/s 234C of the Act amounting to Rs. 1,28,95804 totalling to Rs.2,30,20,819 on Book Profits u/s