DCIT, CIR-12, KOLKATA, KARNATAKA vs. M/S ASSOCIATED ALCOHOLS & BREWERIES LTD., KOLKATA

In the result the appeal of the Revenue is accordingly dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmedassessment Year:2009-10 Dcit, Circle-12, P-7, V/S. M/S Associated Alcohols Chowringhee Square & Breweries Ltd. 106A, Aayakar Bhawan, 7Th Shyam Bazar, Station, Floor, Kolkata-69 Ground Floor, Kolkata-05 [Pan No.Aaeca 2674 B] .. अपीलाथ" /Appellant ""यथ"/Respondent

Section 115JB of the Act resulted in calculation of profits at Rs.40163180. 23. In view thereof, in conclusion, the assessment order records as follows:- ‘Assessed at Rs.40163180 u/s. 115JB, being higher of two. Interest u/s. 234B and 234C has been charged as per the provisions of Income Tax Act, 1961. Penalty proceedings us/s 271

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

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 observation

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

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 observation

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

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 Healthcare

SUVAPRASANNA BHATTACHARYA,KOLKATA vs. ACIT, CIRCLE - 55, KOLKATA, KOLKATA

In the result, appeal filed by assessee is allowed

Bench: Shri N.V. Vasudevan & Shri Waseem Ahmedassessment Year :2006-07 Suvaprasanna Bhatacharya V/S. Acit, Circle-55, Bh-167, Salt Lake, Sector- 54/1, Rafi Ahmed Ii, Kolkata-700 016 Kidwai Road, [Pan No.Aedpb 2611 R] Kolkata – 700 016 .. अपीलाथ" /Appellant ""यथ"/Respondent

u/s. 140A (-) 6,600 Total 24,92,377 Add 234B 7,50,419 Add 234C 123 Total Tax payable 30,23,135” In this appeal challenge by the Assessee is to the levy of penalty u/s.271(1) (c) of the Act in respect of the addition of a sum of Rs.60,99,454, Rs.1,09,473 and Rs.9

ACIT, CENTRAL CIRCLE - 3(3), KOLKATA, KOLKATA vs. SHRI GOPAL KUMAR NAREDI, KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri A. T. Varkey, Jm & Dr. (Shri) Arjun Lal Saini, Am ]

penalty at 30% of the undisclosed income u/s. 271 AAB(1) (c) of the Income-tax Act, 1961, [hereinafter, the ‘Act’ in short] by observing as under:- 1 I.T.A No. 2062/Kol/2017 A.Y 2015-16 Shri Gopal Kumar Naredi. “5. In this case, the assessee has made disclosure during the statement recorded under Oath u/s 132(4) of the Income

M/S VODAFONE EAST LTD.(FORMERLY KNOWN AS VODAFONE ESSAR EAST LIMITED),KOLKATA vs. A.D.I.T RANGE - 7,KOL., KOLKATA

In the result, the appeal of the revenue in ITA No

Bench: Shri Mahavir Singh & Shri M. Balaganesh

234B and Levy of Penalty u/s 271(1)(c ) of the Act These grounds are only consequential in nature to the aforesaid grounds and hence not adjudicated herein. We also hold in respect of levy of penalty u/s 271(1)(c ) of the Act that the aforesaid issues had reached the corridors of several tribunals and courts and that itself

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

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 and the same

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

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

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 12.1. The Learned AO erred in recovering interest of Rs. 42,39,613 under section 244A of the Act. 13. Penalty u/s 271

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

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

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 12.1. The Learned AO erred in recovering interest of Rs. 42,39,613 under section 244A of the Act. 13. Penalty u/s 271

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

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

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

TRIYOGI NARAYAN SINGH,KOLKATA vs. I.T.O WD - 28(2),KOLKATA., KOLKATA

In the result, the appeals of assessee are allowed

Bench: : Shri S.S Vishwanethra Ravi, And

u/s. 234B and 220(2) of the Act and imposed penalties under section 271(1) (c) of the Act and the same

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

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. ADDL. CIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

234B of the Act is not leviable if taxes paid under the provision of Minimum Alternate Tax (MAT) u/s. 115JB of the Act. ITA No.356, 343, 357, 377/Kol/2009, 485, 482/Kol/2010, 673/K/11 & 431/K/12 Hutchison Telcom East Ltd. Vs. ACIT/DCIT/Cir/Rng-07Kol. AYs 04-05 to 08-09 Page 19 At the time of hearing Ld. AR very fairly conceded the fact that

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. JCIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

234B of the Act is not leviable if taxes paid under the provision of Minimum Alternate Tax (MAT) u/s. 115JB of the Act. ITA No.356, 343, 357, 377/Kol/2009, 485, 482/Kol/2010, 673/K/11 & 431/K/12 Hutchison Telcom East Ltd. Vs. ACIT/DCIT/Cir/Rng-07Kol. AYs 04-05 to 08-09 Page 19 At the time of hearing Ld. AR very fairly conceded the fact that

ACIT, CIRCLE - 7, KOLKATA vs. VODAFONE ESSAR EAST LTD., KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

234B of the Act is not leviable if taxes paid under the provision of Minimum Alternate Tax (MAT) u/s. 115JB of the Act. ITA No.356, 343, 357, 377/Kol/2009, 485, 482/Kol/2010, 673/K/11 & 431/K/12 Hutchison Telcom East Ltd. Vs. ACIT/DCIT/Cir/Rng-07Kol. AYs 04-05 to 08-09 Page 19 At the time of hearing Ld. AR very fairly conceded the fact that

M/S. VODAFONE ESSAR EAST LIMITED,KOLKATA vs. ACIT, CIRCLE - 7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

234B of the Act is not leviable if taxes paid under the provision of Minimum Alternate Tax (MAT) u/s. 115JB of the Act. ITA No.356, 343, 357, 377/Kol/2009, 485, 482/Kol/2010, 673/K/11 & 431/K/12 Hutchison Telcom East Ltd. Vs. ACIT/DCIT/Cir/Rng-07Kol. AYs 04-05 to 08-09 Page 19 At the time of hearing Ld. AR very fairly conceded the fact that