D.C.I.T., CC-4(4), KOLKATA, KOLKATA vs. EVERSIGHT TRADECOMM PVT. LTD., KOLKATA

In the result, all the three appeals filed by the revenue are dismissed and copy of common order passed is to be placed on respective case files

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

u/s. 274 of the Act should specifically state as to whether penalty is being AY: 2008-09, 2009-10 & 2014-15 Eversight Tradecomm Pvt. Ltd. proposed to be imposed for concealment of particulars of income or for furnishing inaccurate particulars of income. The Hon’ble High court has further laid down that certain printed form where all the grounds given

D.C.I.T., CC-4(4), KOLKATA, KOLKATA vs. EVERSIGHT TRADE COMM PVT. LTD., KOLKATA

In the result, all the three appeals filed by the revenue are dismissed and copy of common order passed is to be placed on respective case files

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

u/s. 274 of the Act should specifically state as to whether penalty is being AY: 2008-09, 2009-10 & 2014-15 Eversight Tradecomm Pvt. Ltd. proposed to be imposed for concealment of particulars of income or for furnishing inaccurate particulars of income. The Hon’ble High court has further laid down that certain printed form where all the grounds given

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

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

section 271(1)(c). That is clearly not the intendment of the Legislature.\n11. In this behalf the observations of this Court made in Sree Krishna Electricals v. State of Tamil Nadu[2009] 23 VST 249 as regards the penalty are apposite. In the aforementioned decision which pertained to the penalty proceedings in Tamil Nadu General Sales

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

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

section 271(1)(c). That is clearly not the intendment\nof the Legislature.\n11. In this behalf the observations of this Court made in Sree Krishna Electricals v. State\nof Tamil Nadu[2009] 23 VST 249 as regards the penalty are apposite. In the\naforementioned decision which pertained to the penalty proceedings in Tamil Nadu\nGeneral Sales

HANSIT MERCHANTS PVT.LTD,KOLKATA vs. ITO, WARD-2(2). , KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Sonjoy Sarma & Shri Girish Agrawal]

u/s. 274 of the Act should specifically state as to whether penalty is being proposed to be imposed for concealment of particulars of income or for furnishing inaccurate particulars of income. The Hon’ble High court has further laid down that certain printed form where all the grounds given in section 271 are given would not satisfy the requirement

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

u/s 274 of the Act for the purpose of levying penalty for concealment and observed as under: “59. As the provision stands, the penalty proceedings can be initiated on various ground set out therein. If the order passed by the Authority categorically records a finding regarding the existence of any said grounds mentioned therein and then penalty proceedings is initiated

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

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

section 271(1)(c). That is clearly not the intendment\nof the Legislature.\n11. In this behalf the observations of this Court made in Sree Krishna Electricals v. State\nof Tamil Nadu[2009] 23 VST 249 as regards the penalty are apposite. In the\naforementioned decision which pertained to the penalty proceedings in Tamil Nadu\nGeneral Sales

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 274 of the Act for the purpose of levying penalty for concealment and observed as under: “59. As the provision stands, the penalty proceedings can be initiated on various ground set out therein. If the order passed by the Authority categorically records a finding regarding the existence of any said grounds mentioned therein and then penalty proceedings is initiated

MUKLESUR RAHAMAN,KOLKATA vs. ACIT, CIR.-61, , KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2015-16 Muklesur Rahaman Sarkar Assistant Commissioner Of C/O Subash Agarwal & Income Tax, Circle 61, Associates, Advocates, Siddha Vs. Kolkata. Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata-700069. (Pan: Atpps0434C) (Appellant) (Respondent)

61, Associates, Advocates, Siddha Vs. Kolkata. Gibson, 1, Gibson Lane, Suite 213, 2nd floor, Kolkata-700069. (PAN: ATPPS0434C) (Appellant) (Respondent) Present for: Appellant by : Shri Siddharth Agarwal, Advocate Respondent by : Shri Rakeshb Kumar Das, CIT, DR Date of Hearing : 13.03.2024 Date of Pronouncement : 19.03.2024 O R D E R PER GIRISH AGRAWAL, ACCOUNTANT MEMBER: This appeal filed by the assessee

MADINA RICE MILL PVT. LTD.,KOLKATA vs. ACIT, CEN. CIR. 4(4), KOLKATA

In the result, all the appeals of the assessee in ITA No

Bench: Dr. Manish Borad, Am & Shri Rajpal Yadav, Vp

61 pages for A.Y. 2013-14 and similar paper books have also been filed for the remaining years. The learned counsel for the assessee submitted that the assessee maintains regular books of accounts and same were duly audited for each year and tax audit reports were filed with the department/ uploaded on the income tax portal. Books of accounts were

MADINA RICE MILL PVT. LTD.,KOLKATA vs. ACIT, CENTRAL CIR. 4(4) , KOLKATA

In the result, all the appeals of the assessee in ITA No

Bench: Dr. Manish Borad, Am & Shri Rajpal Yadav, Vp

61 pages for A.Y. 2013-14 and similar paper books have also been filed for the remaining years. The learned counsel for the assessee submitted that the assessee maintains regular books of accounts and same were duly audited for each year and tax audit reports were filed with the department/ uploaded on the income tax portal. Books of accounts were

MADINA RICE MILL PVT. LTD.,KOLKATA vs. ACIT, CIR. 4(4), KOLKATA

In the result, all the appeals of the assessee in ITA No

Bench: Dr. Manish Borad, Am & Shri Rajpal Yadav, Vp

61 pages for A.Y. 2013-14 and similar paper books have also been filed for the remaining years. The learned counsel for the assessee submitted that the assessee maintains regular books of accounts and same were duly audited for each year and tax audit reports were filed with the department/ uploaded on the income tax portal. Books of accounts were

MADINA RICE MILL PVT. LTD.,KOLKATA vs. ACIT, CENTRAL CIRCLE 4(4), KOLKATA

In the result, all the appeals of the assessee in ITA No

Bench: Dr. Manish Borad, Am & Shri Rajpal Yadav, Vp

61 pages for A.Y. 2013-14 and similar paper books have also been filed for the remaining years. The learned counsel for the assessee submitted that the assessee maintains regular books of accounts and same were duly audited for each year and tax audit reports were filed with the department/ uploaded on the income tax portal. Books of accounts were

MADINA RICE MILL PVT. LTD.,KOLKATA vs. ACIT, CEN. CIR. 4(4), KOLKATA

In the result, all the appeals of the assessee in ITA No

Bench: Dr. Manish Borad, Am & Shri Rajpal Yadav, Vp

61 pages for A.Y. 2013-14 and similar paper books have also been filed for the remaining years. The learned counsel for the assessee submitted that the assessee maintains regular books of accounts and same were duly audited for each year and tax audit reports were filed with the department/ uploaded on the income tax portal. Books of accounts were

RAM AWATAR DHOOT,KOLKATA vs. WARD 22(4) KOLKATA, KOLKATA

In the result, the appeal of the assessee stands allowed

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.91/Kol/2024 Assessment Year: 2015-16 Ram Awatar Dhoot…...…………….....……………………....………....Appellant 29B, Rabindra Sarani Floor, Room No.10E, Kolkata-700073. [Pan: Adepd7419F] Vs. Ito, Ward-22(4), Kolkata…...................................................…..…..... Respondent Appearances By: Shri Ram Awatar Dhoot, Self, Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 27, 2024 Date Of Pronouncing The Order : August 29, 2024 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 26.12.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Agitated Against The Levy/Confirmation Of Penalty U/S 271(1)(C) Of The Act. 3. The Brief Facts Of The Case Are That The Assessee Had Claimed Long- Term Capital Gains On Account Of Sale Of Shares At Rs.14,94,407/-. During The Assessment Proceedings, The Assessee Produced Relevant Documents To Substantiate His Claim, However, The Assessing Officer Held That As Per The Report Received From The Investigation Wing, There

u/s 271(1)(c) of the Act and levied the impugned penalty of Rs.4,61,771/-. 4. Aggrieved by the aforesaid penalty levied by the Assessing Officer, the assessee preferred appeal before the ld. CIT(A), who confirmed the penalty so levied by the Assessing Officer. The assessee, thus, has come in appeal before us. 5. Before

MOHAMMED GYASUDDIN,KOLKATA vs. ACIT, CIR.-30, KOLKATA

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

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

section 143(3) has been completed without ascertaining the facts recorded on reason for issue notice u/s 148 of the Act. It is further seen that the AO recorded income to the tune of Rs.5,06,26,264/- had escaped assessment out of cash deposits to the tune of Rs.5,21,17,075/-. Whereas, in the assessment order

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

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

SNOWDROP VINCOM PVT.,HOWRAH vs. ITO, WARD - 10(1), KOLKATA, KOLKATA

In the result, all the appeals of the assessee are allowed for statistical purposes

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

271(1)(c ) of the Act dated 26.04.2018 and 2 I.T.A. Nos. 1035 to 1040/Kol/2024 Assessment Years: 2010-11 & 2011-12 Snowdrop Vincom Pvt. Ltd. 12.05.2017 for AY 2010-11 and 2011-12 respectively. Since the issues are common in all the appeals, hence are taken up together for disposal. 2. At the outset, the Ld. Counsel for the assessee