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

234C of the Act which is on the basis of returned income. 8. The Ld. AO has grossly erred in initiating 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

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

234C of the Act which is on the basis of returned income. 8. The Ld. AO has grossly erred in initiating 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

AJIT KUMAR PATNI,KOLKATA vs. ITO,WARD-28(1),KOLKATA, KOLKATA

In the result, both the appeals of the assessee are dismissed

Bench: Shri Sonjoy Sarma & Shri Girish Agrawal]

section 234 B of Rs. 4,07,238/ and Rs. 6821/- u/s 234C and initiating penalty proceeding u/s 271(1)(C). 4. For that

AJIT KUMAR PATNI,KOLKATA vs. IT0, WD-28(1),KOLKATA, KOLKATA

In the result, both the appeals of the assessee are dismissed

Bench: Shri Sonjoy Sarma & Shri Girish Agrawal]

section 234 B of Rs. 4,07,238/ and Rs. 6821/- u/s 234C and initiating penalty proceeding u/s 271(1)(C). 4. For that

ASCON INFRASTRUCTURE (INDIA) LTD.,KOLKATA vs. A.C.I.T., CIRCLE - 9(1), KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

penalty u/s 271(1) (c) of the Act which is consequential in nature. As the main ground of appeal does not hold its ground the consequential ground of appeal is also dismissed. Ground No. 6: In this ground of appeal the appellant has challenged the leavy of interest u/s 234B, 234C of the Act, which is consequential in nature

MCNALLY SAYAJI ENGINEERING LIMITED,KOLKATA vs. DCIT, CIRCLE - 1(1), KOLKATA, KOLKATA

In the result, both the appeals are dismissed

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2009-10 & Assessment Year: 2013-14 Mcnally Sayaji Engineering Deputy Commissioner Of Limited, Income Tax, Circle 1(1), Ecospace, Campus 2B, 11F/12 Aayakar Bhavan, P-7, (Old Plot No. Aa Ii/Blk 3), Chowringhee Square, Vs New Town, Rajarhat, Kolkata - 700069 North 24 Paragans, Kolkata - 7000156 (Pan: Aaccs5491A) (Appellant) (Respondent) Present For: Appellant By : Shri Abhishek Sureka, Ar Respondent By : Shri Rakesh Kumar Das, Cit, Dr Shri Vineet Kumar, Addl. Cit, Sr. Dr Date Of Hearing : 08.07.2024 Date Of Pronouncement : 03.10.2024 O R D E R Per Rakesh Mishra: These Two Appeals Filed By The Assessee Are Against The Two Separate Orders Of The Ld. Commissioner Of Income Tax, Kolkata-I, Kolkata (Hereinafter Referred To As “The Ld. Cit”) Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) For Ays 2009-10 & 2013- 14, Dated 28.02.2018 & 13.03.2018 Respectively. Both The Appeals Were Heard Together & Are Being Disposed Of Vide This Common Order For The Sake Of Brevity & Convenience. Mcnally Sayaji Engineering Limited.: Ays: 2009-10 & 2013-14 2. The Grounds Of Appeal Raised By The Assessee Are Reproduced As Under:

u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AYs 2009-10 and 2013- 14, dated 28.02.2018 and 13.03.2018 respectively. Both the appeals were heard together and are being disposed of vide this common order for the sake of brevity and convenience. McNally Sayaji Engineering Limited

MCNALLY SAYAJI ENGINEERING LIMITED,KOLKATA vs. DCIT, CIRCLE - 1(1), KOLKATA, KOLKATA

In the result, both the appeals are dismissed

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2009-10 & Assessment Year: 2013-14 Mcnally Sayaji Engineering Deputy Commissioner Of Limited, Income Tax, Circle 1(1), Ecospace, Campus 2B, 11F/12 Aayakar Bhavan, P-7, (Old Plot No. Aa Ii/Blk 3), Chowringhee Square, Vs New Town, Rajarhat, Kolkata - 700069 North 24 Paragans, Kolkata - 7000156 (Pan: Aaccs5491A) (Appellant) (Respondent) Present For: Appellant By : Shri Abhishek Sureka, Ar Respondent By : Shri Rakesh Kumar Das, Cit, Dr Shri Vineet Kumar, Addl. Cit, Sr. Dr Date Of Hearing : 08.07.2024 Date Of Pronouncement : 03.10.2024 O R D E R Per Rakesh Mishra: These Two Appeals Filed By The Assessee Are Against The Two Separate Orders Of The Ld. Commissioner Of Income Tax, Kolkata-I, Kolkata (Hereinafter Referred To As “The Ld. Cit”) Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) For Ays 2009-10 & 2013- 14, Dated 28.02.2018 & 13.03.2018 Respectively. Both The Appeals Were Heard Together & Are Being Disposed Of Vide This Common Order For The Sake Of Brevity & Convenience. Mcnally Sayaji Engineering Limited.: Ays: 2009-10 & 2013-14 2. The Grounds Of Appeal Raised By The Assessee Are Reproduced As Under:

u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AYs 2009-10 and 2013- 14, dated 28.02.2018 and 13.03.2018 respectively. Both the appeals were heard together and are being disposed of vide this common order for the sake of brevity and convenience. McNally Sayaji Engineering Limited

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

234C was chargeable on Book Profits u/s 115JB. The relevant decisions are as under- a. Decision of the Supreme Court in the case of CIT vs. Kwality Biscuits Ltd (284 ITR 434) I.T.A. Nos.: 1726/KOL/2014 & 152/KOL/2018 Assessment Years: 2008-09 & 2013-14 I.T.A. Nos.: 611/KOL/2015 & 470/KOL/2018 Assessment Years: 2010-11 & 2013-14 M/s. UltraTech Nathdwara Cement Ltd. (Earlier known

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

234C was chargeable on Book Profits u/s 115JB. The relevant decisions are as under- a. Decision of the Supreme Court in the case of CIT vs. Kwality Biscuits Ltd (284 ITR 434) I.T.A. Nos.: 1726/KOL/2014 & 152/KOL/2018 Assessment Years: 2008-09 & 2013-14 I.T.A. Nos.: 611/KOL/2015 & 470/KOL/2018 Assessment Years: 2010-11 & 2013-14 M/s. UltraTech Nathdwara Cement Ltd. (Earlier known

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

234C was chargeable on Book Profits u/s 115JB. The relevant decisions are as under- a. Decision of the Supreme Court in the case of CIT vs. Kwality Biscuits Ltd (284 ITR 434) I.T.A. Nos.: 1726/KOL/2014 & 152/KOL/2018 Assessment Years: 2008-09 & 2013-14 I.T.A. Nos.: 611/KOL/2015 & 470/KOL/2018 Assessment Years: 2010-11 & 2013-14 M/s. UltraTech Nathdwara Cement Ltd. (Earlier known

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

234C was chargeable on Book Profits u/s 115JB. The relevant decisions are as under- a. Decision of the Supreme Court in the case of CIT vs. Kwality Biscuits Ltd (284 ITR 434) I.T.A. Nos.: 1726/KOL/2014 & 152/KOL/2018 Assessment Years: 2008-09 & 2013-14 I.T.A. Nos.: 611/KOL/2015 & 470/KOL/2018 Assessment Years: 2010-11 & 2013-14 M/s. UltraTech Nathdwara Cement Ltd. (Earlier known

M/S. WEALTH PLANNERS PVT. LTD., ,KOLKATA vs. ITO, WARD - 9(2), KOLKATA , KOLKATA

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumar

234C; (c) ld. CIT(Appeals) has erred in confirming the initiation of penalty proceedings under section 271(1)(c) of the Income Tax Act. 3. Apart from these three grievances, the assessee has raised peripheral arguments in all other grounds of appeal. As far as charging of interest is concerned, it is a consequential in nature because charging of interest

SATYAJIT DAS,HOWRAH vs. ITO, WARD-46(4), KOLKATA

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.301/Kol/2020 Assessment Year: 2010-11 Satyajit Das……………………...................................................……Appellant Moubesia, Dhulasimla, Uluberia, Howrah-711315. [Pan: Agvpd4627P] Vs. Ito, Ward-46(4), Kolkata..............................……........……...…..…..Respondent Appearances By: Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 14, 2023 Date Of Pronouncing The Order : December 14, 2023 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 20.11.2019 Of The Commissioner Of Income Tax (Appeals)-14, Kolkata (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “ 1. For That Both The Impugned Order Of Assessment & The Appellate Order Dated 28.12.2017 & 20.11.2019 Respectively Are Bad In Law & Based On Wrong Appreciation Of Facts. 2. For That In The Facts & Circumstances Of The Case, The Ld. Cit(A) Was Not Justified In Law In Sustaining The Assessment, As The Assessing Officer Erred In Law In Invoking

Section 234B & 234C of the Act. 23. FOR THAT Ld. CIT(A) failed to appreciate that the penalty proceedings initiated u/s 271

YOGESH TRANSPORT PVT LTD,RAIPUR vs. INCOME TAX OFFICER, WD-1(1), KOLKATA, KOLKATA

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

234C is valid as it is mandatory for default in\nadvance tax payment. The initiation of penalty proceedings under Section\n271(1)(c) is justified due to the appellant's inability to substantiate the claimed\nexpenses. The appeal is dismissed in full.”\n06. After hearing the rival contentions and perusing the materials\navailable on record, we find that the assessee