M/S. DELIGHTED HOLDINGS (P) LTD. ,KOLKATA vs. DCIR, CIR-8(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

reassessment proceedings as well as consequent order. Ground no. 1 raised by the assessee is allowed on legal issue. 9. Even on merit the appeal of the assessee has very strong case in its favour. The assessee has received money from these three parties for sale of equity shares of private limited companies which were purchased in the earlier assessment

M/S. JAGMAG MERCANTILES PRIVATE LIMITED,KOLKATA vs. ITO, WARD 12(1), , KOLKATA

In the result, the both the appeals of the assessee are allowed

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm

b) of the IT Act. Under these circumstances, in the light of the judgment of this Court in Begur's case and the judgment of the Bombay High Court in Mukesh's case supra, I am of the considered opinion that the impugned notice at Annexure - A and also consequential proceedings, orders, notices, etc., deserves to be quashed by reserving

M/S. JAGMAG MERCANTILES PRIVATE LIMITED.,KOLKATA vs. ITO, WARD 12(1), , KOLKATA

In the result, the both the appeals of the assessee are allowed

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm

b) of the IT Act. Under these circumstances, in the light of the judgment of this Court in Begur's case and the judgment of the Bombay High Court in Mukesh's case supra, I am of the considered opinion that the impugned notice at Annexure - A and also consequential proceedings, orders, notices, etc., deserves to be quashed by reserving

M/S. ARATI ENGINEERING & CONSTRUCTION CO.,HOOGHLY vs. ITO, WARD-1(2), HOOGHLY, HOOGHLY

In the result, the appeal of the assessee is allowed

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2152/Kol/2014 ("नधा"रणवष" / Assessment Year: 2006-07)

section 147/148 is bad in law. 4. In the assessment order which was made u/s 147 / 144 of the IT Act196l dated 15.12.2010 made by the ITO Ward 1(2) Hooghly it has been stated that at the time of issue of processing of return and issue of refund certain discrepancies were noticed and for the same a notice

ITO,WARD 1(1), ASANSOL, ASANSOL vs. ABU ZOBAIR & KAZI SHARI AHMAD(NOW ASANSO-1 C.S.SHOP\U005CU00BF \U005CU00BF, ASANSOL

In the result, the appeal filed by the Revenue, is dismissed

Bench: Shri S.S. Viswanethra Ravi, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.318/Kol/2017 (िनधा"रणवष" / Assessment Year: 2006-07 Ito, Ward-1(1), Asansol Vs. Abu Zobair&Kazishafi Ahmad 6, Budhadanga Road, Asansol Lower Chelidanga, Asansol 713301. -4. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aakfa 6221 B (Appellant) .. (Respondent) Appellantby : Shri Dulal Ch. Mandol,Jcit, Dr Respondent By :Shri Arvind Agarwal, Advocate सुनवाईक"तारीख/ Date Of Hearing : 25/08/2017 घोषणाक"तारीख/Date Of Pronouncement : 17/11/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Revenue Pertaining To Assessment Year 2006-07, Is Directed Against An Order Passed By The Ld. Commissioner Of Income Tax (Appeals), Asansol, In Appeal No.107/Cit(A)/Asl/Ward-1(1)/Asl/14-15, Dated 05.12.2016, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S 147/143(3) Of The Income Tax Act,1961( Hereinafter Referred To As The ‘Act’), Dated 27.03.2014. 2. The Revenue Has Raised The Following Grounds Of Appeal: “1.Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Justified By Holding That Cash Payment To M/S. Asansol Bottling & Packaging Co. Ltd., Asansol, Is Not A Violation Of Section 40A(3) Of The Income Tax Act, 1961. 2.Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Justified By Holding That Cash Payment To A Business Organization, I.E. M/S Asansol Bottling & Packaging Co. Ltd., Asansol, Is Payment To Government For The Purpose Of Section 40A(3) Of The Lncome Tax Act, 1961. 3.Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Justified By Holding That Cash Payment To M/S. Asansol Bottling & Packaging Co. Ltd., Asansol, Is Exempted As Per Rule 6Dd(B) With Section 40A(3) When There Are No Rules To Specify That This Payment Was Required To Be Made In Cash Only.

2. The Revenue has raised the following grounds of appeal: “1.Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) has justified by holding that cash payment to M/s. Asansol Bottling & Packaging Co. Ltd., Asansol, is not a violation of Section 40A(3) of the Income Tax Act, 1961. 2.Whether on the facts

CENTRE POINT ESTATES PVT. LTD.,KOLKATA vs. ITO, WARD 12(3), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Hon’Ble Shri A T Varkey, Jm & Shri M.Balaganesh, Am] I.T.A No. 860/Kol/2017 Assessment Year : 2010-11 Centre Point Estates Pvt. Ltd. -Vs- Ito, Ward-12(3), Kolkata. [Pan: Aabcc 0785 C ] (Appellant) (Respondent)

B” BENCH : KOLKATA [Before Hon’ble Shri A T Varkey, JM, & Shri M.Balaganesh, AM] I.T.A No. 860/Kol/2017 Assessment Year : 2010-11 Centre Point Estates Pvt. Ltd. -vs- ITO, Ward-12(3), Kolkata. [PAN: AABCC 0785 C ] (Appellant) (Respondent) For the Appellant : Shri M.D.Shah, AR For the Respondent : Shri Robin Chowdhury, Addl. CIT Sr. DR Date of Hearing : 11.10.2018 Date

RISING RETAILS(P)LTD,KOLKATA vs. ITO,WARD-4(1), KOLKATA

In the result, appeal of the assessee is dismissed

Bench: Shri Sonjoy Sarma & Shri Girish Agrawalassessment Year: 2011-12

B, 3rd Floor, Kolkata-700001. (PAN:AAECR3681F) (Appellant) (Respondent) Present for: Appellant by : N o n e Respondent by : Shri S. Datta, CIT, DR Date of Hearing : 25.01.2024 Date of Pronouncement : 31.01.2024 O R D E R PER GIRISH AGRAWAL, ACCOUNTANT MEMBER: This appeal filed by the assessee is against the order of Ld. CIT(A), National Faceless Appeal Centre

ACIT, CIRCLE-4(1), KOLKATA, KOLKATA vs. M/S. CONTEMPORARY INDUSTRIES LTD., KOLKATA

Bench: Hon’Ble Shri S.S.Godara, Jm & Shri M.Balaganesh, Am ]

B’ KOLKATA [Before Hon’ble Shri S.S.Godara, JM & Shri M.Balaganesh, AM ] ITA.No.715/Kol/2017 Assessment year : 2009-10 A.C.I.T., Circle-4 (1) Vs M/s Contemporary Industries Ltd. Kolkata Kolkata (PAN: AABCC 2982 M) (Appellant) (Respondent) For the Appellant: Shri S.Dasgupta, Addl. CIT(DR) For the Respondent: None Date of Hearing : 26.06.2018. Date of Pronouncement : 29.06.2018. ORDER PER S.S.GODHARA, JM This Revenue

KHANDELWAL CHEMICALS,KOLKATA vs. THE ITO, WD-35(3), KOLKATA, KOLKATA

In the result, appeal filed by the assesse on ground No

Bench: Shri A.T.Varkey, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.777/Kol/2016 ("नधा"रण वष" /Assessment Year:2008-2009) Khandelwal Chemicals, Vs. The Ito, Room No.702, 7Th Floor, Ward-25(3), Kolkata 32, Ezra Street, Kolkata- 700001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No.: Aahfk 9060 B .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Assessee By : Shri Jitendra Kaushik, Advocate Revenue By : Sh.S.K.Z.H.Tanveer, Jcit,Sr.Dr सुनवाई क" तार"ख / Date Of Hearing : 27/12/2016 घोषणा क" तार"ख/Date Of Pronouncement 22/02/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To The Assessment Year 2008-09, Is Directed Against The Order Passed By Ld. Commissioner Of Income Tax (Appeals)-10, Kolkata, In Appeal No.248/Cit(A)-10/Wd-.5(3)/13-14/Kol, Dated 01.02.2016, Which In Turn Arises Out Of An Order Passed By The Assessing Officer (Ao) Under Section 143(3)/147 Of The Income Tax Act 1961, (In Short The ‘Act’), Dated 27.01.2014. 2. Brief Facts Of The Case Qua The Assessee Are That The Assessee Filed Its Return Of Income On 19.08.2008 Declaring Total Income Of Rs.10,92,034/-. Assessee’S Case Was Selected For Scrutiny U/S.143(3) & The Ao Has Completed The Assessment By Making Various Additions. 3. Aggrieved From The Order Of The Ao, Assessee Filed An Appeal

B .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Assessee by : Shri Jitendra Kaushik, Advocate Revenue by : Sh.S.K.Z.H.Tanveer, JCIT,Sr.DR सुनवाई क" तार"ख / Date of Hearing : 27/12/2016 घोषणा क" तार"ख/Date of Pronouncement 22/02/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, AM: The captioned appeal filed by the Assessee, pertaining to the Assessment Year 2008-09, is directed