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3 results for “penalty u/s 271”+ Section 56(2)(viib)clear

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Key Topics

Section 143(3)8Section 688Section 271(1)(c)7Section 1484Section 2503Section 142(1)3Section 56(2)(viib)3Penalty3Addition to Income3

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

In the result, appeals of the assessee in ITA No

ITA 160/KOL/2024[2008-09]Status: DisposedITAT Kolkata21 Jun 2024AY 2008-09

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

For Appellant: Shri A.K. Tibrewal, A/R and Saurav Gupta, A/RFor Respondent: Shri Abhijit Kundu, CIT, Sr. D/R
Section 142(1)
Section 1472
Unexplained Cash Credit2
Reassessment2
Section 143(3)
Section 147
Section 148
Section 250
Section 263
Section 271(1)(c)
Section 68

56(2)(viib) has been inserted into the Income Tax Act w. e. f 01.04.2013 only and the justification of the premium in such respect for AY 2008-09 cannot be called for by the AO. 7.2. Without prejudice, the shareholders have been assessed by the income tax department vide order u/s 143(3) or 147 and since they have

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

In the result, appeals of the assessee in ITA No

ITA 161/KOL/2024[2008-09]Status: DisposedITAT Kolkata21 Jun 2024AY 2008-09

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

For Appellant: Shri A.K. Tibrewal, A/R and Saurav Gupta, A/RFor Respondent: Shri Abhijit Kundu, CIT, Sr. D/R
Section 142(1)Section 143(3)Section 147Section 148Section 250Section 263Section 271(1)(c)Section 68

56(2)(viib) has been inserted into the Income Tax Act w. e. f 01.04.2013 only and the justification of the premium in such respect for AY 2008-09 cannot be called for by the AO. 7.2. Without prejudice, the shareholders have been assessed by the income tax department vide order u/s 143(3) or 147 and since they have

M/S. CSS PROJECTS PVT. LTD.,,KOLKATA vs. I..T.O., WARD - 6(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee stands allowed

ITA 20/KOL/2023[2015-2016]Status: DisposedITAT Kolkata14 Dec 2023AY 2015-2016

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.20/Kol/2023 Assessment Year: 2015-16 M/S Css Projects Pvt. Ltd......…...................................................……Appellant Shantiniketan Building, 8, Camac Street, Room No.1011, Kolkata-700017. [Pan: Aaccc6067A] Vs. Ito, Ward-6(1), 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 : September 26, 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 22.11.2019 Of The Commissioner Of Income Tax (Appeals)-2, 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 Registry Has Pointed Out That The Appeal Is Time Barred. A Perusal Of The Record Shows That The Impugned Order Of The Cit(A) Is Dated 22.11.2019, Whereas, The Appeal Has Been Filed In The Month Of January 2023. A Copy Of The Affidavit Of Shri Sanjay Kr. Jain, Director Of The Assessee Company Has Been Placed On File, Wherein, It Has Been Pleaded That None Of The Notices Of Hearing Issued By Ld. Cit(A), Kolkata

Section 142(1)Section 250Section 271(1)(c)Section 56(2)(viib)

56(2)(viib) of the IT Act 1961 to the total income of the assessee for the year under consideration. Penalty u/s 271(1)(c) is initiated separately for concealment of income or furnishing inaccurate particulars of income.” I.T.A No.20/Kol/2023 Assessment year: 2015-16 M/s CSS Projects Pvt. Ltd A perusal of the above order of the Assessing Officer would