DCIT, CIR-11(2), KOLKATA, KOLKATA vs. M/S P C CHANDRA (JEWELLERS) PVT. LTD., KOLKATA

In the result, Revenue’s appeal stands dismissed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2011-12 Dct, Crcle-11(2), V/S. M/S P.C. Chandra P-7, Chowringhee (Jewellers), Pvt. Ltd., Square, Kolkta-69 49C, Gaiahat Road, Kolkata-19 [Pan No.Aabcp 8654 M] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Sallong Yaden, Addl. Cit-Sr-Dr अपीलाथ" क" ओर से/By Appellant Shri Ravi Tulsiyan, Fca ""यथ" क" ओर से/By Respondent 11-01-2018 सुनवाई क" तार"ख/Date Of Hearing 02-02-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-4, Kolkata Dated 06.07.2015. Assessment Was Framed By Dcit, Circle-11, Kolkata U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 28.08.2013 For Assessment Year 2011-12. Revenue Has Raised Following Ground:- “1. That On The Facts & In The Circumstances Of The Assessee Ld. Cit Has Erred In Deleting The Penalty Of Rs.23,68,786/- Imposed U/S. 271(1)(C) Of The It Act. 1961. 2. That The Appellant Craves For Leave To Add, Delete Or Modify Any Of The Grounds Of Appeal Before Or All The Time Of Hearing.”

28..08.2013. The AO finally levied the penalty of ₹23,68,786/- being 100% of the tax sought to be evaded by assessee u/s. 271(1)(c) of the Act. 5. Aggrieved, assessee preferred an appeal before Ld. CIT(A). The assessee before Ld. CIT(A) submitted that it had claimed depreciation on the land inadvertently and same mistake

DCIT,CENT CIR-I ,KOL, KOLKATA vs. DEEPAK CHOUDHURY, KOLKATA

In the result, the appeals of the revenue are dismissed

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

penalty on account of Explanation 5 to Section 271(1)(c ) of the Act in respect of income offered after the search but in the return filed u/s 153A of the Act. Since identical issue is involved in all the appeals, they are taken up together and disposed off by this common order for the sake of convenience

M/S PRICEWATERHOUSE COOPERS PVT. LTD.,KOLKATA vs. ACIT, CIRCLE-2(2), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed in part

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2011-12 M/S. Pricewaterhouse Coopers Private Limited……...............................……………………......Appellant Block-Ep, Plot –Y14 Salt Lake City Sector-V Kolkata – 700 091 [Pan : Aabcp 9181 H] Vs. Deputy Commissioner Of Income Tax (It), Circle-2(1), Kolkata……..........................…....Appellant Appearances By: Shri Kanchun Kaushal, A/R & Shri Bikash Kr. Jain, Ca, Appeared On Behalf Of The Assessee. Shri Vijay Shankar, Cit, D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 25Th, 2020 Date Of Pronouncing The Order : May 29Th, 2020 Order Per J. Sudhakar Reddy, Am :-

271(1)(c) of the Act are illegal notices and are are illegal notices and are void-ab-initio. In the case-law relied upon by the ld. law relied upon by the ld. Counsel, these notices u/s 156 and 274 of the Act, might have been held to be valid Counsel, these notices u/s

SHRI ANIL CHANDRA PAUL,DAKSHIN DINAJPUR vs. DCIT, CC-XXVII, KOLKATA, KOLKATA

In the result, all the seven appeals filed by the assessee are allowed

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

section 271(1)(b) for all the years under consideration were challenged by the assessee in the appeals filed before the ld. CIT(Appeals) and the following submissions were made by the assessee before the ld. CIT(Appeals) in support of his case that the said penalties were liable to be cancelled being not sustainable on facts as well

DCIT, C.CIRCLE-4(2), KOLKATA, KOLKATA vs. SHRI BRIJENDRA KUMAR PODDAR, KOLKATA

In the result, the appeals filed by the Revenue are dismissed, while the Cross Objections filed by the assessee are allowed

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

section 271(1)(c). The ld. CIT(Appeals) found merit in the latter part of the arguments of the assessee and accepting the same, he cancelled the penalties imposed by the Assessing Officer for both the years under consideration for the following identical reasons given in his impugned orders:- “I have considered findings of the Ad in the penalty order

RANJIT KUMAR PAUL,DAKSHIN DINAJPUR vs. DCIT, CC-XXVII, KOLKATA, KOLKATA

In the result, all the seven appeals filed by the assessee are allowed

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

section 271(1)(b) for all the years under consideration were challenged by the assessee in the appeals filed before the ld. CIT(Appeals) and the following submissions were made by the assessee before the ld. CIT(Appeals) in support of his case that the said penalties were liable to be cancelled being not sustainable on facts as well

BMW INDUSTRIES LIMITED,KOLKATA vs. DCIT, CENTRAL CIRCLE 4(1),, KOLKATA

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

28,30,401/- u/s 36(1)(va) of the Act in respect of delayed payment of PF and ESI Fund. ii. Disallowance u/s 40A(7) of the Act, being provision for payment of gratuity. iii. Addition u/s 68 of the Act in respect of loan of ₹30,00,000/- treated as unexplained cash credit and interest thereon

ITO, WARD-29(3), KOLKATA, KOLKATA vs. M/S. AUTO CARE, KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1484/Kol/2016 Assessment Year : 2008-09 Ito, Ward-29(3), Kolkata -Vs- M/S Auto Care Centre [Pan: Aahfa 8997 R] (Appellant) (Respondent)

u/s 275(1)(c ) of the Act is to be reckoned from the date on which the JCIT initiated the proceedings and not from the date of assessment order. The operative portion of the said judgment is as under:- 11. The only case of the assessee is that if the period of limitation prescribed in Section

SRI SURYA PRAKASH BAGLA,KOLKATA vs. DCIT, CEN. CIR-VII, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 398/Kol/2014 Assessment Year : 2010-11 Shri Surya Prakash Bagla -Vs- Dcit, Central Circle-Vii, Kolkata [Pan: Aebpb 4558 F] (Appellant) (Respondent)

28,93,810/- imposed by the AO u/s 271(1)(c) of the Act @ 100% of the tax sought to evade on the alleged concealed income of Rs. 7,40,90,000/- without at all considering and appreciating the facts elaborately explained before him that there was neither any concealment of income nor furnishing of any inaccurate particulars of income

ACIT, CENTRAL CIRCLE-2(3), KOLKATA, KOLKATA vs. M/S KWALITY LTD., NEW DELHI

In the result, Revenue’s appeal stands dismissed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2011-12 Acit, Central Circle- V/S. M/S Kwality Ltd. 2(3), Room No. 403, 4Th F-82, Shivaji Place, Floor, Aayakar Bhawan, Rajouri Garden, New Poorva, 110, Shanti Delhi-100 027 Pally, E.M. Bye-Pas, [Pan No.Aabck 1289 R] Kolkata-107 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri G. Hangshing, Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri A.K. Tibrewal, Fca ""यथ" क" ओर से/By Respondent 28-02-2018 सुनवाई क" तार"ख/Date Of Hearing 04-04-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-20 Dated 08.11.2016. Penalty Levied By Assessing Officer U/S 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 29.09.2015 For Assessment Year 2011-12. The Revenue Has Raised Following Ground:- “(I) That, Under The Facts & Circumstances Of The Case & In View Of The Distinction Of Facts Of The Instant Case (Discussed Elaborately In Respect To He Statement Of Facts) That The Of The Case Law Relied Upon In Deciding The Case In Favour Of The Assessee, The Ld. Cit(A) Erred In Allowing Relief To The Assessee. (Ii) That The Appellant Craves Leave To Add, Alter Or Amend Any Ground Or Grounds Of Appeal Before Or At The Time Of Hearing.”

28-02-2018 सुनवाई क" तार"ख/Date of Hearing 04-04-2018 घोषणा क" तार"ख/Date of Pronouncement आदेश /O R D E R PER Waseem Ahmed, Accountant Member:- This appeal by the Revenue is directed against the order of Commissioner of Income Tax (Appeals)-20 dated 08.11.2016. Penalty levied by Assessing Officer u/s 271

BMW INDUSTRIES LIMITED ,KOLKATA vs. DCIT, CENTRAL CIRCLE 4(1),, KOLKATA

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

28,30,401/- u/s 36(1)(va) of the Act in\nrespect of delayed payment of PF and ESI Fund.\nDisallowance u/s 40A(7) of the Act, being provision for\npayment of gratuity.\nAddition u/s 68 of the Act in respect of loan of ₹30,00,000/-\ntreated as unexplained cash credit and interest thereon

ACIT, CENTRAL CIRCLE-2(3), KOLKATA, KOLKATA vs. M/S BASANTI PROPERTIES PVT. LTD., KOLKATA

In the result, Revenue’s appeal stands dismissed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2013-14 Acit, Central Circle- V/S. M/S Basanti Properties 2(3), Roomno403, 4Th Pvt. Ltd., 107/1, Park Floor, Aayakar Bhawan Street, Kolkata-16 Poorva,110, Shanti [Pan No.Aabcb 0344 E] Pally, E.M. Bye-Pass, Kolkata-107 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri G. Hangshing, Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri A.K. Tibrewal, Fca ""यथ" क" ओर से/By Respondent 28-02-2018 सुनवाई क" तार"ख/Date Of Hearing 04-04-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-20, Kolkata Dated 08.11.2016. Penalty Imposed By Assessing Officer U/S 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 29.09.2014 For Assessment Year 2013-14. Shri G. Hangshing, Ld. Departmental Representative Appeared On Behalf Of Revenue & Shri A.K. Tibrewal, Ld. Authorized Representative Appeared On Behalf Of Assessee. 2. Sole Issue Raised By The Revenue In This Appeal Is That Ld. Cit(A) Erred In Deleting The Penalty Levied By The Assessing Officer U/S 271(1)(C) Of The Act.

28-02-2018 सुनवाई क" तार"ख/Date of Hearing 04-04-2018 घोषणा क" तार"ख/Date of Pronouncement आदेश /O R D E R PER Waseem Ahmed, Accountant Member:- This appeal by the Revenue is directed against the order of Commissioner of Income Tax (Appeals)-20, Kolkata dated 08.11.2016. penalty imposed by Assessing Officer u/s 271

SUSHIL KUMAR PAUL,SILIGURI vs. A.C.I.T.,CIRCLE-2, SILIGURI

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

Bench: Shri Sonjoy Sarma, Hon’Ble & Shri Girish Agrawal, Hon’Bleassessment Year: 2016-17 Sushil Kumar Paul Acit, Circle-2, Siliguri. C/O. Subash Agarwal & Associates, Advocates, Siddha Vs. Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700 069. (Pan: Akfpp 4837 K) (Appellant) (Respondent) Present For: Assessee By : Shri Siddarth Agarwal, Advocate Revenue By : Smt. Ranu Biswas, Addl. Cit, Dr Date Of Hearing : 24.11.2022 Date Of Pronouncement : 15.12.2022 O R D E R Per Sonjoy Sarma, Jm: This Appeal Filed By The Assessee Is Against The Order Of Ld. Cit(A), Siliguri Dated 23.08.2019 For A.Y. 2016-17. The Assessee Has Taken The Following Grounds Of Appeal: “I. For That On The Facts & Circumstances Of The Case, The Ld. Cit(A) Was Not Justified In Confirming The Penalty Of Rs. 23,70,000/- Imposed By The Ao By Wrongly Invoking The Provisions Of Section 271Aab Of The Income Tax Act.

28,34,610/- as per his return with the seized cash of Rs. 36,00,000/- vide his letter dated 26.09.2017. The ld. AO although accepted the return filed by the assessee and assessed the total income at Rs. 83,02,410/- initiated a penalty proceeding u/s 271AAB of the Act and subsequently passed an order dated 27.06.2018 u/s 271AAB

VAIBHAV TULSYAN,KOLKATA vs. D.C.I.T CC - I,KOLKATA, KOLKATA

In the result, the appeals of assessee are allowed

Bench: : Shri P.M. Jagtap & Shri S.S Viswanethra Ravi

28-01-2013 for the assessment years 2006-07 & 2007-08 against the order of penalty levied u/s. 271(1) ( c) of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’). 2. The appellant assessee has initially raised the following common ground of appeal for both the assessment years under consideration:- “1. That the ld. CIT(A) erred

DCIT, CENTAL CIRCLE -2(2), KOLKATA, KOLKATA vs. M/S/ ARYAN MINNING & TRADING CORPORATION LTD, KOLAKTA

In the result, the appeal of the Revenue is dismissed

Bench: Sh. A.T.Varkey & Sh. A.L.Sainidcit, M/S. Aryan Mining & Central Circle-2(2), Aayakar V Trading Corporation Ltd., P-1, Hide Lane, 8Th Floor, Bhawan, Poorva, 110 S Shantipally, Kolkata-700073. Kolkata-700107. Pan-Aadca7247B (Appellant) (Respondent) Appellant By Sh. A.K.Singh, Cit Dr Respondent By Sh. A.K.Tulsyan, Fca & Ms. Sikha Agarwal, Aca 27.12.2018 Date Of Hearing 01.02.2019 Date Of Pronouncement

271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1). Section 158BFA(2): (2) The Assessing Officer or the Commissioner (Appeals) in the course of any proceedings under this Chapter, may direct that a person shall pay by way of penalty a sum which shall not be less than the amount

DCIT, CENTRAL CIRCLE - 2(2), KOLKATA, KOLKATA vs. AKA LOGISTICS PVT. LTD.,, KOLKATA

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godara

28-01-2019 सुनवाई क" तार"ख/Date of Hearing 27-02-2019 घोषणा क" तार"ख/Date of Pronouncement आदेश /O R D E R PER S.S.Godara, Judicial Member:- The Revenue and all three assessees have filed their main appeals and corresponding Cross Objection(s) against the Commissioner of Income Tax (Appeals)-20, Kolkata’s separate orders; all dated

DCIT, CENTRAL CIRCLE - 2(2), KOLKATA, KOLKATA vs. AMBEY MINING PVT. LTD.,, KOLKATA

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godara

28-01-2019 सुनवाई क" तार"ख/Date of Hearing 27-02-2019 घोषणा क" तार"ख/Date of Pronouncement आदेश /O R D E R PER S.S.Godara, Judicial Member:- The Revenue and all three assessees have filed their main appeals and corresponding Cross Objection(s) against the Commissioner of Income Tax (Appeals)-20, Kolkata’s separate orders; all dated

DCIT, CENTRAL CIRCLE - 2(2), KOLKATA, KOLKATA vs. M/S. CALCUTTA INDUSTRIAL SUPPLY CORP., KOLKATA

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godara

28-01-2019 सुनवाई क" तार"ख/Date of Hearing 27-02-2019 घोषणा क" तार"ख/Date of Pronouncement आदेश /O R D E R PER S.S.Godara, Judicial Member:- The Revenue and all three assessees have filed their main appeals and corresponding Cross Objection(s) against the Commissioner of Income Tax (Appeals)-20, Kolkata’s separate orders; all dated