HARISH KUMAR SARAWGI,KOLKATA vs. DCIT, CENTRAL CIRCLE - XI, KOLKATA, KOLKATA

In the result, the appeals of the assessee are allowed and appeals of the revenue are dismissed

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am] I.T.A Nos. 1222 To 1226/Kol/2011 Assessment Years: 2003-04 To 2007-08

section 271(1)(c ) of the Act was not in force. It is quite evident from the statement recorded u/s 132(4) of the Act on 24.1.2008 / 25.1.2008 that there is a reference to waiver of penalty proceedings by the group 10 ITA No.1222-1226/Kol/2011 & ITA No.1496-1499/K/2011, AY 2003-04-2007-08 Harish Kumar Sarawgi head in his statement. These special

DCIT, CENTRAL CIRCLE - XI, KOLKATA, KOLKATA vs. SHRI HARISH KUMAR SARAWGI, KOLKATA

In the result, the appeals of the assessee are allowed and appeals of the revenue are dismissed

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am] I.T.A Nos. 1222 To 1226/Kol/2011 Assessment Years: 2003-04 To 2007-08

section 271(1)(c ) of the Act was not in force. It is quite evident from the statement recorded u/s 132(4) of the Act on 24.1.2008 / 25.1.2008 that there is a reference to waiver of penalty proceedings by the group 10 ITA No.1222-1226/Kol/2011 & ITA No.1496-1499/K/2011, AY 2003-04-2007-08 Harish Kumar Sarawgi head in his statement. These special

BENI PRASAD LAHOTI,HOWRAH vs. DCIT, CC-2(2), KOLKATA

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

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawal

234A, 234B and 234C of the I T Act, if any. Give credit for prepaid taxes after due verification. Demand notice and challan issued accordingly. Issue notice u/s. 271(1)(c)of the IT Act.” 11. We have perused the penalty order also. There are only three paragraphs i.e. para-4, 6 and 7, where the AO has made some

BENI PRASAD LAHOTI,HOWRAH vs. DCIT, CC-2(2), KOLKATA

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

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawal

234A, 234B and 234C of the I T Act, if any. Give credit for prepaid taxes after due verification. Demand notice and challan issued accordingly. Issue notice u/s. 271(1)(c)of the IT Act.” 11. We have perused the penalty order also. There are only three paragraphs i.e. para-4, 6 and 7, where the AO has made some

ZYDUS HEALTHCARE LTD,GANGTOK vs. ACIT, CIR. 3(2), GANGTOK

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawali.T.A. No. 139/Kol/2021 Assessment Year: 2014-2015 Zydus Healhcare Limited,……..................Appellant (Successor To Zydus Healthcare Sikkim), 4Th Floor, ‘D’ Wing, Zudus Corporate Park, Scheme No. 63, Survey No. 536, Khoraj (Gandhinagar), Nr. Vaishnodevi Circle, Ahmedabad, Gandhinagar, Gujrat-382481 [Pan: Aaacg1895Q] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Circle-3(2), Gangtok, Sikkim-737101 Appearances By: Shri Ajit Kumar Jain, Ca & Sonal Pandey, A.R., Appeared On Behalf Of The Assessee Shri G. Hukugha Sema, Cit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : January 18, 2023 Date Of Pronouncing The Order : February 20, 2023 O R D E R

234A, 234B & 234C, etc. He also initiated penalty proceedings under section 271(1)(c) of the Act. Undoubtedly, the assessee on understanding that the same was draft assessment order, made objections to the DRP, who gave certain directions and thereafter, the Assessing Officer passed an order under section 143(3) r.w.s. 144C(13) of 13 Assessment Year: 2014-2015 Zydus

HARISH KUMAR SARAWGI,GIRIDIH vs. DCIT, CENTRAL CIRCLE - XI, KOLKATA, KOLKATA

In the result, assessee’s appeal is allowed

Bench: Shri Mahavir Singh & Shri Waseem Ahmedassessment Year :2008-09 Harish Kumar Sarawgi, V/S. Dcit, Central Dumri Road, Whatty Circle-Xi, Poddar Bazar, Giridhi – 815301 Court, 18, Rabindra Jharkhand Sarani, [Pan No.Aldps 5357 E] Kolkata – 700 001

234A, 234B & 234C has been calculated correctly as there is no provision in the IT Act to treat the seized cash as Advance Tax. Seized cash can be adjusted against the existing liability. On the date of seizure, there was no existing liability on account of tax. Therefore, the assessee’s contention on this cunt is not tenable

NITIN KUMAR,KOLKATA vs. ACIT, CIRCLE-25, KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed

Bench: Hon’Ble Shri M.Balaganesh, Am & Hon’Ble Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 1457/Kol/2016 Assessment Year : 2011-12 Nitin Kumar -Vs- Acit, Circle-25, Kolkata [Pan: Amupk 9557 A] (Appellant) (Respondent)

penalty explanation 5 Clause (ii) of Section 271(1)(c) of the Act, in view of satisfying all the three conditions prescribed therein. The ld. AO later issued notice u/s 153A of the Act to the assessee. The assessee in response to the said notice u/s 153A of the Act, filed his return of income for the Assessment year

ITO WD-3(1), KOLKATA, KOLKATA vs. SAPPHIRE GLOBAL FINANCE (P) LTD, KOLKATA

234A, 234B, initiation\nof penalty proceedings u/s. 271(1)(c) and general grounds. As these grounds are\nconsequential, these grounds are dismissed as infructuous.\n5.5. In the result, the appeal of the appellant is partly allowed.\n6.\nAfter hearing the rival contentions and perusing the materials available\non record, we find that the assessee company has disposed its\ninvestments amounting

M/S PHILIPS INDIA LTD.,KOLKATA vs. DCIT, CIR-12(2), KOLKATA, KOLKATA

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

234A of the Act. 10. Interest under section 234B 10.1 The Learned AO erred in levying interest of Rs. 39,96,22,576 under section 234B of the Act. 11. Interest under section 234D 11.1. The Learned AO erred in levying interest of Rs. 1,61,67,498 under section 234D of the Act. 12. Interest under section 244A

DCIT, CIR-12(2), KOLKATA, KOLKATA vs. M/S PHILIPS INDIA LTD., KOLKATA

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

234A of the Act. 10. Interest under section 234B 10.1 The Learned AO erred in levying interest of Rs. 39,96,22,576 under section 234B of the Act. 11. Interest under section 234D 11.1. The Learned AO erred in levying interest of Rs. 1,61,67,498 under section 234D of the Act. 12. Interest under section 244A

NEHA DIWAN,HINDMOTOR vs. ITO WARD - 23(1), HOOGHLY

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

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

u/s 271B of the Act. 14. That Ld. Assessing Officer and CIT(A) erred in charging interest under section 234A and 234B of the Act which is not chargeable and/or excessively charged. I.T.A. No.: 630/KOL/2025 Assessment Year: 2016-17 Neha Diwan. 15. That the Ld. Assessing Officer arbitrarily initiated penalty proceeding under section 271

DCIT, CIR-2(1), KOLKATA, KOLKATA vs. M/S OUTOTEC GMBH, KOLKATA

In the result, the appeal filed by the Revenue ( in ITA No

Bench: Shri N. C. Vasudevan, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.160/Kol/2016 (िनधा"रण वष" / Assessment Year: 2012-13 Outotec Gmbh Vs. D.C.I.T., International C/O Outotec India Private Ltd., Taxation-2(1), Kolkata 12Th Floor, South City Pinnacle, Plot- Aayakar Bhawan Xi, Block-Ep, Sector-V, Salt Lake, Kolkata – 700 091. Poorva,110 Shanti Pally, Kolkata-700107 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaco 8228 K (Appellant/Assessee) .. (Respondent/Department) आयकर अपील सं./Ita No.193/Kol/2016 (िनधा"रण वष" / Assessment Year: 2012-13 D.C.I.T., International Vs. Outotec Gmbh Taxation-2(1), Kolkata Aayakar Bhawan Poorva,110 C/O Outotec India Private Ltd., Shanti Pally, Kolkata-700107 12Th Floor, South City Pinnacle, Plot-Xi, Block-Ep, Sector-V, Salt Lake, Kolkata – 700 091. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaco 8228 K (Appellant/Department) .. (Respondent/Assessee) Department By : Shri G. Mallikarjuna, Cit Dr. Assessee By : Subhabrata Mukherjee, Ar & Soumyadip Roy Choudhury, Ar सुनवाई क" तारीख / Date Of Hearing : 10/07/2017 घोषणा क" तारीख/Date Of Pronouncement : 08/09/2017

234A of the Act which is consequential in nature. Levy of interest u/s 234B of the Act 5. That on the facts and in the circumstance of the case and in law, Ld. AO / DRP erred in imposing interest under section 234B of the Act on the appellant, for default in payment of advance tax, without appreciating the fact that

OUTOTEC GMBH,KOLKATA vs. THE DCIT, IT - 2(1), KOLKATA, KOLKATA

In the result, the appeal filed by the Revenue ( in ITA No

Bench: Shri N. C. Vasudevan, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.160/Kol/2016 (िनधा"रण वष" / Assessment Year: 2012-13 Outotec Gmbh Vs. D.C.I.T., International C/O Outotec India Private Ltd., Taxation-2(1), Kolkata 12Th Floor, South City Pinnacle, Plot- Aayakar Bhawan Xi, Block-Ep, Sector-V, Salt Lake, Kolkata – 700 091. Poorva,110 Shanti Pally, Kolkata-700107 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaco 8228 K (Appellant/Assessee) .. (Respondent/Department) आयकर अपील सं./Ita No.193/Kol/2016 (िनधा"रण वष" / Assessment Year: 2012-13 D.C.I.T., International Vs. Outotec Gmbh Taxation-2(1), Kolkata Aayakar Bhawan Poorva,110 C/O Outotec India Private Ltd., Shanti Pally, Kolkata-700107 12Th Floor, South City Pinnacle, Plot-Xi, Block-Ep, Sector-V, Salt Lake, Kolkata – 700 091. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaco 8228 K (Appellant/Department) .. (Respondent/Assessee) Department By : Shri G. Mallikarjuna, Cit Dr. Assessee By : Subhabrata Mukherjee, Ar & Soumyadip Roy Choudhury, Ar सुनवाई क" तारीख / Date Of Hearing : 10/07/2017 घोषणा क" तारीख/Date Of Pronouncement : 08/09/2017

234A of the Act which is consequential in nature. Levy of interest u/s 234B of the Act 5. That on the facts and in the circumstance of the case and in law, Ld. AO / DRP erred in imposing interest under section 234B of the Act on the appellant, for default in payment of advance tax, without appreciating the fact that

ITO WD-3(1), KOLKATA vs. SAPPHIRE GLOBAL FINANCE PRIVATE LIMITED, KOLKATA

In the result, all the three appeals of the Revenue are dismissed

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

234A, 234B, initiation of penalty proceedings u/s. 271(1)(c) and general grounds. As these grounds are consequential, these grounds are dismissed as infructuous. 5.5. In the result, the appeal of the appellant is partly allowed. ” 6. After hearing the rival contentions and perusing the materials available on record, we find that the assessee company has disposed its investments amounting

ITO WD 3(1), KOLKATA vs. SAPPHIRE GLOBAL FINANCE PRIVATE LIMITED, KOLKATA

In the result, all the three appeals of the Revenue are dismissed

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

234A, 234B, initiation of penalty proceedings u/s. 271(1)(c) and general grounds. As these grounds are consequential, these grounds are dismissed as infructuous. 5.5. In the result, the appeal of the appellant is partly allowed. ” 6. After hearing the rival contentions and perusing the materials available on record, we find that the assessee company has disposed its investments amounting

ACIT, CC-1(1), KOLKATA, KOLKATA vs. M/S HARIRAM JAGDISH PRASAD, KOLKATA

In the result, the appeals of the revenue are dismissed

Bench: Sri J. Sudhakar Reddy, Hon’Ble & Sri S.S. Viswanethra Ravi] I.T.A. No. 1483/Kol/2015 Assessment Year: 2006-07 I.T.A. No. 1484/Kol/2015 Assessment Year: 2007-08 I.T.A. No. 1485/Kol/2015 Assessment Year: 2009-10 I.T.A. No. 1486/Kol/2015 Assessment Year: 2010-11 I.T.A. No. 1487/Kol/2015 Assessment Year: 2012-13

Penalty proceeding u/s. 271(1)(c) of the Act is initiated separately. 7. Subject to above discussion, the total income of the assessee is computed as follows:- Computation of Total Income:- Income as per return Rs. 34,013/- Add:- Undisclosed working capital (As discussed in para-6) Rs.3,17,30,247/- Total income:- Rs.3,17,64,260/- Calculation

ACIT, CC-1(1), KOLKATA, KOLKATA vs. M/S HARIRAM JAGDISH PRASAD, KOLKATA

In the result, the appeals of the revenue are dismissed

Bench: Sri J. Sudhakar Reddy, Hon’Ble & Sri S.S. Viswanethra Ravi] I.T.A. No. 1483/Kol/2015 Assessment Year: 2006-07 I.T.A. No. 1484/Kol/2015 Assessment Year: 2007-08 I.T.A. No. 1485/Kol/2015 Assessment Year: 2009-10 I.T.A. No. 1486/Kol/2015 Assessment Year: 2010-11 I.T.A. No. 1487/Kol/2015 Assessment Year: 2012-13

Penalty proceeding u/s. 271(1)(c) of the Act is initiated separately. 7. Subject to above discussion, the total income of the assessee is computed as follows:- Computation of Total Income:- Income as per return Rs. 34,013/- Add:- Undisclosed working capital (As discussed in para-6) Rs.3,17,30,247/- Total income:- Rs.3,17,64,260/- Calculation

ACIT, CC-1(1), KOLKATA, KOLKATA vs. M/S HARIRAM JAGDISH PRASAD, KOLKATA

In the result, the appeals of the revenue are dismissed

Bench: Sri J. Sudhakar Reddy, Hon’Ble & Sri S.S. Viswanethra Ravi] I.T.A. No. 1483/Kol/2015 Assessment Year: 2006-07 I.T.A. No. 1484/Kol/2015 Assessment Year: 2007-08 I.T.A. No. 1485/Kol/2015 Assessment Year: 2009-10 I.T.A. No. 1486/Kol/2015 Assessment Year: 2010-11 I.T.A. No. 1487/Kol/2015 Assessment Year: 2012-13

Penalty proceeding u/s. 271(1)(c) of the Act is initiated separately. 7. Subject to above discussion, the total income of the assessee is computed as follows:- Computation of Total Income:- Income as per return Rs. 34,013/- Add:- Undisclosed working capital (As discussed in para-6) Rs.3,17,30,247/- Total income:- Rs.3,17,64,260/- Calculation