ACIT, CIR-29, KOLKATA, KOLKATA vs. PRAKASH KUMAR MOHTA (HUF), KOLKATA

In the result, Revenue’s appeal stands dismissed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year:2009-10

penalty u/s 271(1)(c) of the Act is bad in law and invalid for the reason that the show cause notice u/s 274 of the Act ITA No.736/Kol/2015 A.Y. 2009-10 ACIT Cir-29, Kol. Vs. P.K. Mohta (HUF) Page 9 does not specify the charge against the assessee as to whether it is for concealment of particulars

JYOTI RANJAN ROY,KOLKATA vs. PCIT-17, KOLKATA, KOLKATA

In the result, appeal filed by assessee stands dismissed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2006-07 Jyoti Ranjan Roy V/S. Pr. Cit-17, Bd-2, Sectdor-1, Salt Uttarapan Building, Ds4, 2Nd Floor, Lake Ciity,Kolkata-64 [Pan No.Adlpr 2179 P] Ultadanga, Kolkata-54 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri T.K. Chakrborty, Advocate अपीलाथ" क" ओर से/By Appellant Shri . Mallikarjuna, Cit-Dr ""यथ" क" ओर से/By Respondent 06-09-2017 सुनवाई क" तार"ख/Date Of Hearing 10-11-2017 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Is An Appeal By The Assessee Against The Order Of Commissioner Of Income Tax-17-Kolkata Passed U/S 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 21.03.2017 For Assessment Year 2006-07. Shri T.K. Chakraborty, Ld. Advocate Appeared On Behalf Of Assessee & Shri G.Mallikarjuna, Ld. Departmental Representative Appeared On Behalf Of Revenue. 2. Ground No. 1 To 4 Are Inter-Related & Therefore Being Taken Up Together. Solitary Inter-Connected Issue Raised By Assessee In This Appeal Is That Ld. Pr.Cit Erred In Holding The Assessment Order As Erroneous In So Far As Prejudicial To The Interest Of Revenue. 3. Briefly Stated Facts As Culled Out From The Order Of Authorities Below Are That Assessee In The Present Case Is An Individual & Engaged In The

254 ITR (158) held that, non-initiation of penalty proceeding u/s.271(1)(c) of the I.T. Act in the assessment order did not render the assessment erroneous or pre-judicial to the interest of revenue and the CIT cannot invoke jurisdiction of 263 of the I.T. Act for such non-initiation of penalty proceeding u/s 271

M/S. MOUNT EVEREST MINERAL WATER LIMITED,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeals of the Revenue and assessee are partly

Bench: : Shri I.C. Sudhir & Shri L.P. Sahu

section 271(1)(c) is to penalize the assessee for concealing particulars of income and/or furnishing inaccurate particulars of such income. It is of no consequence whether the income returned was a profit or loss. Therefore, even if there is loss return and no tax was leviable even after disallowance, penalty u/s 271(1)(c) was still leviable. For this

ACIT, CENTRAL CIRCLE-2(1), KOLKATA, KOLKATA vs. M/S AMRIT HATCHERIES PVT. LTD., KOLKATA

In the result, the appeal of the Revenue is allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

271 of the Income Tax Act. Though said SCN the AO informed the assessee that it appeared to him that it had concealed the particulars of its income or furnished inaccurate particulars of income for A.Y. 2013-14 and for such alleged defaults the assessee was directed to show cause why an order imposing penalty should not be levied u/s

COSMAT TRADERS (P) LTD,KOLKATA vs. ITO, WARD-6(2), , KOLKATA

In the result, appeal of the assessee is allowed

penalty notice u/s 271(1)(c) of the Act, dt. 16/03/2020, it came to know about Act, dt. 16/03/2020, it came to know about the ex-parte orders. He also pointed out that the ld. CIT(A) has not disposed off the case orders. He also pointed out that the ld. CIT(A) has not disposed off the case orders

SRI HARJIT SINGH SALL,KOLKATA vs. ITO,WD-50(3), KOLKATA, KOLKATA

In the result, the appeal of the Assessee is allowed

Bench: : Shri M.Balaganesh & Shri S.S.Viswanethra Ravi

section 271 (1)( c) should be discernible either from the assessment order or the penalty notice which would constitute the basis of initiating the penalty proceedings. The explanation given by the assessee during the assessment proceeding was held to be not bona fide and acceptable has been mentioned clearly in the assessment order itself. In the penalty proceedings

BALAKA VINIMAY PVT. LTD.,KOLKATA vs. ITO, WARD-2(1), KOLKATA

In the result, appeals of the assessee in ITA No

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 160 & 161/Kol/2024 Assessment Year: 2008-09 Balaka Vinimay Pvt. Ltd. Income Tax Officer, Ward – 2(1), 9/12, Lal Bazar Street Vs Kolkata Kolkata - 700001 [Pan : Aadcb2610B] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri A.K. Tibrewal, A/R & Saurav Gupta, A/R Revenue By : Shri Abhijit Kundu, Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 09/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 21/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Instant Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The National Faceless Appeal Centre, Delhi, (Hereinafter The “Ld. Cit(A)”). Ita No. 160/Kol/2024 Is Against The Order Of The Ld. Cit(A) Dt. 29/11/2023, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) Arising Out Of The Penalty Order Passed By The Ld. Assessing Officer U/S 271(1)(C) Of The Act & Ita No. 161/Kol/2023, Is Against The Order Of The Ld. Cit(A) Dt. 28/11/2023, Arising Out Of The Order Of The Ld. Assessing Officer Passed U/S 143(3) R.W.S. 254 Of The Act, For Assessment Year 2008-09. 2. Though The Assessee Has Raised Various Grounds In Both These Appeals, But The Effective Issue Raised In Ita No. 161/Kol/2024 Is Against The Addition Made U/S 68 Of The Act For Unexplained Share Capital Confirmed By The Ld. Cit(A) & In Ita No. 160/Kol/2024 Is Against The Levy Of Penalty U/S 271(1)(C) Of The Act On The Addition Made

penalty u/s 271(1)(c) of the Act depends on the outcome of the appeal on quantum addition in ITA No. 161/Kol/2024, we first taken up ITA No. 161/Kol/2024 for adjudication. 3. Facts in brief are that the assessee is a private limited company engaged in business and declared income of Rs.318/- in the original return of income furnished

BALAKA VINIMAY PVT. LTD.,KOLKATA vs. ITO, WARD-2(1), KOLKATA

In the result, appeals of the assessee in ITA No

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 160 & 161/Kol/2024 Assessment Year: 2008-09 Balaka Vinimay Pvt. Ltd. Income Tax Officer, Ward – 2(1), 9/12, Lal Bazar Street Vs Kolkata Kolkata - 700001 [Pan : Aadcb2610B] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri A.K. Tibrewal, A/R & Saurav Gupta, A/R Revenue By : Shri Abhijit Kundu, Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 09/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 21/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Instant Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The National Faceless Appeal Centre, Delhi, (Hereinafter The “Ld. Cit(A)”). Ita No. 160/Kol/2024 Is Against The Order Of The Ld. Cit(A) Dt. 29/11/2023, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) Arising Out Of The Penalty Order Passed By The Ld. Assessing Officer U/S 271(1)(C) Of The Act & Ita No. 161/Kol/2023, Is Against The Order Of The Ld. Cit(A) Dt. 28/11/2023, Arising Out Of The Order Of The Ld. Assessing Officer Passed U/S 143(3) R.W.S. 254 Of The Act, For Assessment Year 2008-09. 2. Though The Assessee Has Raised Various Grounds In Both These Appeals, But The Effective Issue Raised In Ita No. 161/Kol/2024 Is Against The Addition Made U/S 68 Of The Act For Unexplained Share Capital Confirmed By The Ld. Cit(A) & In Ita No. 160/Kol/2024 Is Against The Levy Of Penalty U/S 271(1)(C) Of The Act On The Addition Made

penalty u/s 271(1)(c) of the Act depends on the outcome of the appeal on quantum addition in ITA No. 161/Kol/2024, we first taken up ITA No. 161/Kol/2024 for adjudication. 3. Facts in brief are that the assessee is a private limited company engaged in business and declared income of Rs.318/- in the original return of income furnished

ACIT, CIR-40, KOLKATA, KOLKATA vs. M/S DEEPAK CONSTRUCTION CO., KOLKATA

In the result, the appeal of revenue is dismissed

Bench: : Shri M.Balaganesh & Shri S.S.Viswanethra Ravi

section of 271 (1)( c) of the Act, there has to be concealment of particulars of income and secondly the assessee must have furnished inaccurate particulars of income. In the instant case, these two conditions are found missing. Additions made by the AO and a part of it confirmed by the CIT(A) are all based on estimates where nothing

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

271(1)(c ) of the Act that the aforesaid issues had reached the corridors of several tribunals and courts and that itself goes to prove that the issues are highly debatable and involves substantial question of law. Hence there cannot be any levy of penalty on a legal issue. I.T.A. No. 1864/KOL./2012 Assessment year: 2009-2010 & Assessment Year

M/S. LABVANTAGE SOLUTIONS PVT. LTD.,,KOLKATA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIR- 2(1),, KOLKATA

In the result, the appeal of the assessee for the Asst Year 2013-14 in ITA No

Bench: Hon’Ble Shri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 927 & 2400/Kol/2017 Assessment Years : 2012-13 & 2013-14

254 (SC). Likewise, the issue concerning the rate of interest for capital adjustment is covered against the Revenue and in favour of the Assessee in terms of the decision of this Court in Cotton Natural (P) Ltd. v. CIT (2015) 276 CTR 445. Consequently, no substantial question of law arises in respect of these issues as well

M/S. LABVANTAGE SOLUTIONS PRIVATE LIMITED ,KOLKATA vs. ACIT, CIRCLE - 2(1), KOLKATA , KOLKATA

In the result, the appeal of the assessee for the Asst Year 2013-14 in ITA No

Bench: Hon’Ble Shri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 927 & 2400/Kol/2017 Assessment Years : 2012-13 & 2013-14

254 (SC). Likewise, the issue concerning the rate of interest for capital adjustment is covered against the Revenue and in favour of the Assessee in terms of the decision of this Court in Cotton Natural (P) Ltd. v. CIT (2015) 276 CTR 445. Consequently, no substantial question of law arises in respect of these issues as well

M/S. PHILIPS INDIA LIMITED,KOLKATA vs. ACIT, CIRCLE - 12(2), , KOLKATA

In the result, the appeal of the assessee stands allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.2308/Kol/2019 Assessment Year: 2004-05 M/S Philips India Limited.….............……….........…..........….…… Appellant 3Rd Floor, Tower A, Dlf Park, 08 Block Af, Major Arterial Road, New Town (Rajarhat), Kolkata-700156. [Pan: Aabcp9487A] Vs. Acit, Circle-12(2), Kolkata.......….....……........…...…...…..…..... Respondent Appearances By: Shri Ketan K Ved, Ca, Appeared On Behalf Of The Appellant. Shri Amal Kamat, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 17, 2022 Date Of Pronouncing The Order : February 06, 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 31.07.2019 Of The Assessing Officer (In Short The ‘A.O’) Passed U/S 92Ca(3) & 144C Read With Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) In Pursuance Of The Directions Of The Dispute Resolution Panel (Drp) Dated 14.05.2019. 2. At The Outset, The Ld. Counsel For The Assessee Has Submitted That The Impugned Assessment Order Framed By The Assessing Officer Is Null & Void Being Framed Without Passing Of Draft Assessment Order. That The Assessing Officer Without Passing Of Draft Assessment Order & Without Giving Opportunity To The Assessee To File Objections Against The Said Draft Assessment Order As Per Provisions To Section 144C Of The

254 & 92 CA(3) of the Act on 29.11.2018, tax calculation sheet, demand notice and penalty notice u/s 274 of the Act dated 29.11.2018 are withdrawn. Vide same letter, I.T.A. No.2308/Kol/2019 Assessment Year: 2004-05 M/s Philips India Limited the AO enclosed the impugned draft assessment order passed on 21.12.2018. 3.5 In terms of the provisions of section 144C

M/S HOOGHLY MILLS PROJECTS LTD.,KOLKATA vs. DCIT, CC-VII, KOLKATA, KOLKATA

In the result, the appeal of assessee is partly allowed

Bench: : Shri S.S.Viswanethra Ravi

254 is received by the 98[Principal Chief Commissioner or] Chief Commissioner or [Principal Commissioner or] Commissioner or, as the case may be, the order under section 263 or section 264 is passed by the [Principal Commissioner or] Commissioner on or after the 1st day of April, 2005 but before the 1st day of April, 2011, the provisions of this

SILKINA COMMODEAL PVT. LTD.,KOLKATA vs. ITO, WARD-3(3), KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

254, the Hon'ble Guwahati High Court has thrown light on another aspect touching the issue of onus on assessee under section 68, by holding that the same should be decided by taking into consideration the provision of section 106 of the Evidence Act which says that a person can be required to prove only such facts which

SILKINA COMMODEAL PVT. LTD.,KOLKATA vs. ITO, WARD-3(3), KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

254, the Hon'ble Guwahati High Court has thrown light on another aspect touching the issue of onus on assessee under section 68, by holding that the same should be decided by taking into consideration the provision of section 106 of the Evidence Act which says that a person can be required to prove only such facts which

SILKINA COMMODEAL PVT. LTD.,KOLKATA vs. ITO, WARD 3(3), KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

254, the Hon'ble Guwahati High Court has thrown light on another aspect touching the issue of onus on assessee under section 68, by holding that the same should be decided by taking into consideration the provision of section 106 of the Evidence Act which says that a person can be required to prove only such facts which

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

254). Accordingly on the WDV of ₹26,07,502/- assessee would have claimed depreciation @ 60% i.e.₹15,64,501/- only. Whereas assessee is entitled for depreciation @ 25% of ₹26,07,502/- which comes out to ₹6,51,876/- only. Accordingly, the AO further observed that assessee has claimed excessive depreciation

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

254). Accordingly on the WDV of ₹26,07,502/- assessee would have claimed depreciation @ 60% i.e.₹15,64,501/- only. Whereas assessee is entitled for depreciation @ 25% of ₹26,07,502/- which comes out to ₹6,51,876/- only. Accordingly, the AO further observed that assessee has claimed excessive depreciation