AMITABHA SANYAL,KOLKATA vs. ITO, WARD-58(4), KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed and the penalty levied is hereby deleted

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishraassessment Years: 2011-12 Amitabha Sanyal, Income Tax Officer, 108B, Block-F, New Alipore, Ward – 58(4), Kolkata, Kolkata – 700053 Vs Aayakar Bhawan, (Pan: Aleps2352J) Bamboo Villa, 169, A.J.C. Bose Road, Kolkata - 700014 (Appellant) (Respondent)

282 ITR 431(ALL.) Penalty under section 271(1)(c) is applicable even when concealment of income is admitted by filing a revised return after detection of concealment. M. S. MOHAMMED MARZOOK (LATE) AND ANOTHER (REPRESENTED BY LEGAL HEIRS) v. INCOME-TAX OFFICER, [2006] 283 ITR 254 (MAD) Penalty- concealment of income-revised return filed after search proceedings - Finding

SRI DEO KUMAR SARAF,KOLKATA vs. ACIT, CIRCLE-49, KOLKATA, KOLKATA

In the result, the appeal of assessee is allowed

Bench: Shri Mahavir Singh, Jm & Shri Waseem Ahmed, Am]

282 ITR 642 (Guj), wherein Hon’ble High Court has held that the penalty order and the order of CIT(A) showed that no clear cut finding in respect to satisfaction is reached whether penalty is being levied for concealment of particulars of income by the assessee or whether any inaccurate particulars of income has been furnished by the assessee

BALAJI METAL AND SPONGE PVT. LTD.,KOLKATA vs. I.T.O., WARD - 5(4), KOLKATA, KOLKATA

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

Bench: Sri Rajesh Kumar & Pradip Kumar Choubey

Section 271(1)(c) of the Act clearly speaks that it can only be applied when (i) an assessee has concealed particulars of income and (ii) an assessee has furnished inaccurate particulars of income. The ld. Counsel for the assessee further submits that penalty u/s 271(1)(c) of the Act speaks further that it is leviable

VINAY GUPTA,KOLKATA vs. DCIT, CIR. 28, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri P. M. Jagtap, Vice- & Shri Partha Sarathi Choudhuryi.T.A. No.560/Kol/2020 Assessment Year: 2009-10 Vinay Gupta………………..........................………………………….……Appellant C/O S.N. Ghosh & Associates, Advocates, 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kolkata-1. [Pan:Adcpg1931B] Vs. Dcit, Circle-28, Kolkata.........……………........…………...………..…..Respondent Appearances By: Shri Somnath Ghosh, Advocate, Appeared On Behalf Of The Appellant. Shri Biswanath Das, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 10, 2021 Date Of Pronouncing The Order : November 11, 2021 Order Shri Partha Sarathi Choudhury: This Appeal Preferred By The Assessee Emanates From The Order Of Ld. Cit(A)-8, Kolkata Dated 24.08.2020 For The Assessment Year 2009-10 U/S 271(1)(C) Of The Act As Per The Grounds Of Appeal On Record. 2. The Sole Grievance Of The Assessee In This Case Is The Imposition Of Penalty U/S 271(1)(C) Of The Act. 3. At The Very Outset, The Ld. Counsel For The Assessee Submitted That The Charge For Imposition Of Penalty Is Not Specific & That The Assessing Officer Has Failed To Arrive At The Satisfaction As To Which Charge The Penalty U/S 271(1)(C) Of The Act Should Be Levied On The Assessee Whether For Concealment Of Income Or For Furnishing Of Inaccurate Particulars Of Income. That Bringing Our Attention To The Penalty Notice Annexed At Page 17 Of The Paper-Book, Which Is As Follows:

282 ITR 642 (GUJ) held that where penaly order and order of Commissioner (Appeals) showed that no clear- cut finding had been reached as to whether penalty under section 271(1)(c) was being levied for concealment of particulars of income by the assessee or whether any inaccurate particulars of income had been furnished, order of penalty could

GAUTAM JHUNJHUNWALA,KOLKATA vs. INCOME TAX OFFICER, WARD - 38(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

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

282/- under section 271(1)(c) being 100% of the tax sought to be evaded by the assessee in respect of the addition of Rs.11,31,227/- made to the total income. On appeal, the ld. CIT(Appeals) confirmed the said penalty imposed by the Assessing Officer. Aggrieved by the order of the ld. CIT(Appeals), the assessee has preferred

M/S. D.K. INDUSTRIES,KOLKATA vs. I.T.O., WARD - 34(3), KOLKATA, KOLKATA

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

Bench: Sri Rajesh Kumar & Pradip Kumar Choubey

u/s 271(1)(c) of the Act was initiated for deliberately furnishing inaccurate particular of income. The said order of penalty proceeding has been placed by the assessee before the ld. CIT(A) wherein also appeal of the assessee has been dismissed. Being aggrieved and dissatisfied with the impugned order, the present appeal has been preferred. 1.2. The ld. Counsel

HEIGHT INSURANCE SERVICES LIMITED,KOLKATA vs. D.C.I.T., CIRCLE - 1(1), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2014-15

penalty of Rs.94,17,382/- u/s. 271(1)(c) of the Act. 3. Brief facts of the case are that assessee filed its return of income for the AY 2014-15 u/s. 139(1) of the Act on 18.09.2014, reporting total income of Rs. Nil, after set off of brought forward loss of 2 Height Insurance Services

ACIT, CIRCLE - 7, KOLKATA vs. HUTCHISON TELECOM EAST LIMITED, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

u/s 41(1), it is deemed to be the bu9 profits of the current year, it automatically would qualify for deduction u/s 80IA of the Act. In the following decisions, in the context of section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section 41(1

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

u/s 41(1), it is deemed to be the bu9 profits of the current year, it automatically would qualify for deduction u/s 80IA of the Act. In the following decisions, in the context of section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section 41(1

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

u/s 41(1), it is deemed to be the bu9 profits of the current year, it automatically would qualify for deduction u/s 80IA of the Act. In the following decisions, in the context of section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section 41(1

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

u/s 41(1), it is deemed to be the bu9 profits of the current year, it automatically would qualify for deduction u/s 80IA of the Act. In the following decisions, in the context of section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section 41(1

M/S VODAFONE EAST LIMITED (FORMERLY KNOWN AS VODAFONE ESSAR EAST LIMITED),KOLKATA vs. ACIT, CIR-7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

u/s 41(1), it is deemed to be the bu9 profits of the current year, it automatically would qualify for deduction u/s 80IA of the Act. In the following decisions, in the context of section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section 41(1

DCIT, CIRCLE - 7, KOLKATA, KOLKATA vs. VODAFONE ESSAR EAST LIMITED, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

u/s 41(1), it is deemed to be the bu9 profits of the current year, it automatically would qualify for deduction u/s 80IA of the Act. In the following decisions, in the context of section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section 41(1

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

u/s 41(1), it is deemed to be the bu9 profits of the current year, it automatically would qualify for deduction u/s 80IA of the Act. In the following decisions, in the context of section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section 41(1

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

u/s 41(1), it is deemed to be the bu9 profits of the current year, it automatically would qualify for deduction u/s 80IA of the Act. In the following decisions, in the context of section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section 41(1

KRISHNA KUMAR KEDIA ,KOLKATA vs. ITO, WARD 30(1), , KOLKATA

Appeal of the assessee is dismissed

Section 282(1) has been effected in the case of the assessee (emphasis added). We do not find any perversity on the finding of the Tribunal on this issue. This issue also, in our opinion, does not involve any substantial question of law warranting our interference.” In this light, we may also reproduce the letter written

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

282 ITR 273 (SC). One of the questions which arose for consideration was whether there was any transfer of a right to use any I.T.A. No. 1864/KOL./2012 Assessment year: 2009-2010 & Assessment Year : 2010-2011 & Assessment Year : 2010-2011 Page 27 of 56 goods by providing access or telephone connection by the telephone service provider to a subscriber. Referring

UDYOGI INTERNATIONAL PRIVATE LIMITED,KOLKATA vs. A.C.I.T., CIRCLE-1(1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

Section 144B of the Act. A penalty proceeding has also been initiated u/s 271(1)(C) of the Act and penalty of Rs. 8,45,315/- have been levied against the assessee. 3. The said order has been challenged by the assessee before the Ld. CIT(A) wherein the appeal of the assessee has been dismissed. Being aggrieved and dissatisfied

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

u/s 143(3)/144C of the Income Tax Act, 1961 (in short the “Act”) by ld. DCIT, Circle-4(2), Kolkata [in short ld. “Pr. CIT”] dated 28.07.2016 & 15.06.2017, respectively. 2. The assessee is in appeal before the Tribunal raising the following grounds: “Assessment Year 2012-2013: 1. On the facts and circumstances of the case & in law, the Learned