HILTON COMMODITIES PVT. LTD.,KOLKATA vs. ITO, WARD-5(3), KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Hilton Commodities Pvt. Ltd. Ito, Ward 5(3) 9/12, Lal Bazar Street, Aaykar Bhavan, P-7, Mercantile Building, Block-B, Chowringhee Square, Vs. 3Rd Floor, No.10, Kolkata-700069, West Bengal Kolkata-700001, West Bengal (Appellant) (Respondent) Pan No. Aacch1011P Assessee By : Shri Soumitra Choudhury, Ar Revenue By : Shri S Datta, Cit Dr Date Of Hearing: 08.01.2025 Date Of Pronouncement : 24.02.2025

Block-B, Chowringhee Square, Vs. 3rd Floor, No.10, Kolkata-700069, West Bengal Kolkata-700001, West Bengal (Appellant) (Respondent) PAN No. AACCH1011P Assessee by : Shri Soumitra Choudhury, AR Revenue by : Shri S Datta, CIT DR Date of hearing: 08.01.2025 Date of pronouncement : 24.02.2025 O R D E R Per Rajesh Kumar, AM: This is an appeal preferred by the assessee against

ITO, WD.9(1), KOLKATA vs. M/S MAHARAJ VINCOM PVT. LTD., KOLKATA

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.35/Kol/2021 Assessment Year: 2009-10 Ito, Ward-9(1), Kolkata……………….......................…...……………....Appellant Vs. M/S Maharaj Vincom Pvt. Ltd……............…..........................…..…..... Respondent 69, Jamunalal Bajaj Street, Kolkata- 700007. [Pan: Aafcm6496E] C.O. No.6/Kol/2023 (A/O I.T.A. No.35/Kol/2021) Assessment Year: 2009-10 M/S Maharaj Vincom Pvt. Ltd……............…..........................…....... Cross-Objector 69, Jamunalal Bajaj Street, Kolkata- 700007. [Pan: Aafcm6496E] Vs Ito, Ward-9(1), Kolkata …………..….......................…...……………....Respondent Appearances By: Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Assessee. Shri Abhijit Kundu, Cit-Dr, Appeared On Behalf Of The Department. Date Of Concluding The Hearing : March 07, 2024 Date Of Pronouncing The Order : May 15, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: This Appeal By The Revenue & Corresponding Cross-Objection By The Assessee Have Been Preferred Against The Order Dated 08.09.2020 Of The Commissioner Of Income Tax (Appeals)-7, Kolkata (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’).

block assessment itself is without jurisdiction then there is no question of levy of any penalty u/s. 158BFA(2) and therefore it is open to the assessee to set up the question of validity of the assessment in the appeal against the levy of penalty. 8.9. We also derive support from another judgement of Hon'ble Bombay High Court

DCIT, CENTRAL CIRCLE - 2(4), KOLKATA , KOLKATA vs. M/S. MAA ANNAPURNA TRANSPORT AGENCY LTD., , KOLKATA

In the result, the appeal of revenue is dismissed

Bench: Shri A.T. Varkery, Jm & Dr. Arjun Lal Saini, Am ]

BLOCK-A, 3RD FLOOR, 9 LAL BAZAR STREET, KOLKATA,700 001, WEST BENGAL 8 MEMARI COLD STORAGE 72,329 2,000,000 Do- PRIVATE LIMITED 12 MAYFAIR ROAD, KOLKATA, WEST BENGAL- 700 019. 9 ORIENTATION ACADEMICS 48,658 2,000,000 Returned Do- (P) LIMITED 12 MANGOE back LANE, 1ST FLOOR, KOLKATA, WEST BENGAL- 700 001 10 RAJSHREE ENTERPRISES

DCIT, CIRCLE - 8, KOLKATA, KOLKATA vs. M/S. PREMIER ROAD CARRIERS LTD., KOLKATA

In the result appeal by the Revenue is dismissed

Bench: Hon’Ble Shri P.M.Jagtap, Am & Sri N.V.Vasudevan, Jm ] I.T.A No. 960/Kol/2011 Assessment Year : 2000-01 D.C.I.T., Circle-8, -Vs.- M/S. Premier Road Carriers Ltd. Kolkata Kolkata [Pan : Aabcr8968E] (Appellant) (Respondent) For The Appellant : Shri S.S.Alam, Addl. Cit For The Respondent : Shri Sallong Yaden, Addl.Cit Date Of Hearing : 23.11.2016. Date Of Pronouncement : 2.12.2016. Order Per N.V.Vasudevan, Jm

block year. As to how this income is to be computed, the method has been given under section 158BB. Thus. every Income which can be regarded to be undisclosed income within the definition given under section 158BB can be brought to tax under that Chapter by computing such undisclosed income on the basis of evidence, material or record found

ITO, WARD-10(4), KOLKATA, KOLKATA vs. M/S TOPAZ ENCLAVE PVT.LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravii.T.A. No. 2271/Kol/2016 Assessment Year: 2012-13 Ito, Ward-10(4), Kolkata.................................………....………………...…………………….….Appellant

section 68 had been duly complied with by the assessee with proper documentary evidences. We find that notices issued u/s 133(6) have been duly complied with. The only grievance of the ld. AO was that the assessee could not produce the directors of the share subscribing companies. In our considered opinion, for this reason alone, there cannot

A.C.I.T.,CIRCLE-49(1), KOLKATA vs. M/S VISWAKARMA RESIDENCY, KOLKATA

Appeal is dismissed

Bench: Shri Sanjay Garg & Dr. M.L.Meenaआयकर अपील सं.य/ Assessment Years:2016-17 बनाम / Acit, Cir-49(1), Kolkata M/S. Viswakarma Residency Uttarpan Complex, Ds-Iv, V/S. 2Nd Fl., Manicktala Civick Centre, Block-2 & 3, 2Nd Fl., Kolkata-700 054. Pan: Aaifv3279Q अपीलाथ" /Appellant ""यथ" /Respondent .. Hearing Through Video Conferencing अपीलाथ" क" ओर से/By Appellant Shri Manish Kanojia, Cit, Dr ""यथ" क" ओर से/By Respondent Shri S.M Surana, Advocate, Ar सुनवाई क" तार"ख/Date Of Hearing 04-08-2021 घोषणा क" तार"ख/Date Of Pronouncement 26-10-2021

section 68 was not justified-Yash Developers v. DCIT (2018) 159 TR(A) 416(Mum-Trib): 2017 TaxPub(DT)4765(Mum-Trib). Considering all the above arguments, evidences and legal precedents, I find that the addition made against the loan of Rs.12,56,40,000/- cannot be sustained and thereupon is liable to be deleted. In such circumstances, the Assessing

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA, KOLKATA vs. M/S. BHAVYA MERCHANDISE PVT. LTD., , KOLKATA

In the result, appeals by the revenue are dismissed and cross-objections by the assessee are allowed

section 153A, the assessments are classified in two categories, i.e.(i) Completed Assessment and (ii) Pending or Abated Assessment. Completed Assessment refers to the assessment which are not pending as on the date of search and the time limit for issuance of notice u/s 143(2) has expired. The assessment for the year has attained finality and any addition

M/S SWIFT VINTRADE PVT. LTD.,KOLKATA vs. CIT, KOLKATA-1I, KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Year: 2009-10

block money from throughout the country is routed via the paper companies of the Kolkata entry operators and are shown as genuine share capital in the beneficiary companies. These entry operators register a large number of companies with the ROC with their employees or acquaintances as directors. There are professional directors who are willing to sign as director

DEPUTY COMMISSIONER OF INCOME TAX, KOLKATA vs. DOLLAR HOLDING PVT. LTD., KOLKATA

In the result, both the appeals of the Revenue are dismissed

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

block assessment merely because any admission was made by the assessee during search operation. In the case of “Commissioner of Income Tax vs. Sunil Agarwal” (2015) 64 taxman.com 107 (Delhi-HC), the assessee therein, during the course of search, made a categorical admission under section 132(4) that the cash amount seized belonged to him and it represented undisclosed income

DEPUTY COMMISSOENR OF INCOME TAX, KOLKATA vs. DOLLAR HOLDING PVT. LTD., KOLKATA

In the result, both the appeals of the Revenue are dismissed

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

block assessment merely because any admission was made by the assessee during search operation. In the case of “Commissioner of Income Tax vs. Sunil Agarwal” (2015) 64 taxman.com 107 (Delhi-HC), the assessee therein, during the course of search, made a categorical admission under section 132(4) that the cash amount seized belonged to him and it represented undisclosed income

ITO, WARD-10(4), KOLKATA, KOLKATA vs. MS SAVERA TOWERS PVT. LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Hon’Ble Shri A T Varkey, Jm & Shri M.Balaganesh, Am] I.T.A No. 2275/Kol/2016 Assessment Year : 2012-13 Ito, Ward-10(4), Kolkata -Vs- M/S Savera Towers Pvt. Ltd. [Pan: Aaocs 9744 C ] (Appellant) (Respondent)

section 68 of the Act introduced with effect from April 1, 2013 will not have retrospective effect and would be effective only from the assessment year 2013-14. (c) In view of the above, question No. B as proposed also does not give rise to any substantial question of law as it is an issue concluded by the decision

ITO, WARD-10(4), KOLKATA, KOLKATA vs. M/S HAPPY BAGANS PVT. LTD., KOLKATA

In the result, both the appeals of the revenue are dismissed

Bench: Hon’Ble Shri A T Varkey, Jm & Shri M.Balaganesh, Am] I.T.A No. 2270/Kol/2016 Assessment Year : 2012-13 Ito, Ward-10(4), Kolkata -Vs- M/S Trend Infra Developers Pvt. Ltd. [Pan: Aadct 6373 M ] (Appellant) (Respondent) I.T.A No. 2273/Kol/2016 Assessment Year : 2012-13 Ito, Ward-10(4), Kolkata -Vs- M/S Happy Bagans Pvt. Ltd. [Pan: Aacch 3712 K ] (Appellant) (Respondent)

section 68 of the Act introduced with effect from April 1, 2013 will not have retrospective effect and would be effective only from the assessment year 2013-14. (c) In view of the above, question No. B as proposed also does not give rise to any substantial question of law as it is an issue concluded by the decision

ITO, WARD-10(4), KOLKATA, KOLKATA vs. M/S TREND INFRA DEVELOPERS PVT.LTD, KOLKATA

In the result, both the appeals of the revenue are dismissed

Bench: Hon’Ble Shri A T Varkey, Jm & Shri M.Balaganesh, Am] I.T.A No. 2270/Kol/2016 Assessment Year : 2012-13 Ito, Ward-10(4), Kolkata -Vs- M/S Trend Infra Developers Pvt. Ltd. [Pan: Aadct 6373 M ] (Appellant) (Respondent) I.T.A No. 2273/Kol/2016 Assessment Year : 2012-13 Ito, Ward-10(4), Kolkata -Vs- M/S Happy Bagans Pvt. Ltd. [Pan: Aacch 3712 K ] (Appellant) (Respondent)

section 68 of the Act introduced with effect from April 1, 2013 will not have retrospective effect and would be effective only from the assessment year 2013-14. (c) In view of the above, question No. B as proposed also does not give rise to any substantial question of law as it is an issue concluded by the decision

DCIT, CC-1(3), KOLKATA, KOLKATA vs. SAMRIDDHI METALS PVT. LTD., KOLKATA

In the result, all the captioned appeals of the revenue are dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

Block-A, Kolkata-700089 CO No.18/Kol/2024 (PAN: AAPCS1198B) (Appellant) (Respondent) & Assessment Year: 2014-15 & Assessment Year: 2015-16 DCIT, Central Circle-1(3), Disha Realcon Pvt. Ltd. Kolkata. Vs. 2, Room No. 216, lal Bazar Street, Kolkata-700001. (PAN: AADCD6724A) (Appellant) (Respondent) & Assessment Year: 2013-14 DCIT, Central Circle-1(3), Praful Enterprises Pvt. Ltd. Kolkata. 403, Sagar Trade Cube

DCIT, CC-1(3), KOLKATA, KOLKATA vs. DISHA REALCON PVT. LTD., KOLKATA

In the result, all the captioned appeals of the revenue are dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

Block-A, Kolkata-700089 CO No.18/Kol/2024 (PAN: AAPCS1198B) (Appellant) (Respondent) & Assessment Year: 2014-15 & Assessment Year: 2015-16 DCIT, Central Circle-1(3), Disha Realcon Pvt. Ltd. Kolkata. Vs. 2, Room No. 216, lal Bazar Street, Kolkata-700001. (PAN: AADCD6724A) (Appellant) (Respondent) & Assessment Year: 2013-14 DCIT, Central Circle-1(3), Praful Enterprises Pvt. Ltd. Kolkata. 403, Sagar Trade Cube

DCIT,CC-1(3),KOLKATA, KOLKATA vs. SAMRIDDHI METALS PVT. LTD., KOLKATA

In the result, all the captioned appeals of the revenue are dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

Block-A, Kolkata-700089 CO No.18/Kol/2024 (PAN: AAPCS1198B) (Appellant) (Respondent) & Assessment Year: 2014-15 & Assessment Year: 2015-16 DCIT, Central Circle-1(3), Disha Realcon Pvt. Ltd. Kolkata. Vs. 2, Room No. 216, lal Bazar Street, Kolkata-700001. (PAN: AADCD6724A) (Appellant) (Respondent) & Assessment Year: 2013-14 DCIT, Central Circle-1(3), Praful Enterprises Pvt. Ltd. Kolkata. 403, Sagar Trade Cube

DCIT,CC-1(3),KOLKATA, KOLKATA vs. SAMRIDDHI METALS PVT. LTD., KOLKATA

In the result, all the captioned appeals of the revenue are dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

Block-A, Kolkata-700089 CO No.18/Kol/2024 (PAN: AAPCS1198B) (Appellant) (Respondent) & Assessment Year: 2014-15 & Assessment Year: 2015-16 DCIT, Central Circle-1(3), Disha Realcon Pvt. Ltd. Kolkata. Vs. 2, Room No. 216, lal Bazar Street, Kolkata-700001. (PAN: AADCD6724A) (Appellant) (Respondent) & Assessment Year: 2013-14 DCIT, Central Circle-1(3), Praful Enterprises Pvt. Ltd. Kolkata. 403, Sagar Trade Cube

DCIT,CC-1(3),KOLKATA, KOLKATA vs. SAMRIDDHI METALS PVT. LTD., KOLKATA

In the result, all the captioned appeals of the revenue are dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

Block-A, Kolkata-700089 CO No.18/Kol/2024 (PAN: AAPCS1198B) (Appellant) (Respondent) & Assessment Year: 2014-15 & Assessment Year: 2015-16 DCIT, Central Circle-1(3), Disha Realcon Pvt. Ltd. Kolkata. Vs. 2, Room No. 216, lal Bazar Street, Kolkata-700001. (PAN: AADCD6724A) (Appellant) (Respondent) & Assessment Year: 2013-14 DCIT, Central Circle-1(3), Praful Enterprises Pvt. Ltd. Kolkata. 403, Sagar Trade Cube