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

carry forward of unabsorbed depreciation of Assessment Year 2002-03, the clause (iii) of Explanation 1 of section 115JB(2) does not put restriction of any sort. It is only when profits are positive after providing for current year depreciation that the provision of clause (iii) of Explanation 1 of Section 115JB(2) of IT Act are invoked. Here again

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

carry forward of unabsorbed depreciation of Assessment Year 2002-03, the clause (iii) of Explanation 1 of section 115JB(2) does not put restriction of any sort. It is only when profits are positive after providing for current year depreciation that the provision of clause (iii) of Explanation 1 of Section 115JB(2) of IT Act are invoked. Here again

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

carry forward of unabsorbed depreciation of Assessment Year 2002-03, the clause (iii) of Explanation 1 of section 115JB(2) does not put restriction of any sort. It is only when profits are positive after providing for current year depreciation that the provision of clause (iii) of Explanation 1 of Section 115JB(2) of IT Act are invoked. Here again

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

carry forward of unabsorbed depreciation of Assessment Year 2002-03, the clause (iii) of Explanation 1 of section 115JB(2) does not put restriction of any sort. It is only when profits are positive after providing for current year depreciation that the provision of clause (iii) of Explanation 1 of Section 115JB(2) of IT Act are invoked. Here again

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

carry forward of unabsorbed depreciation of Assessment Year 2002-03, the clause (iii) of Explanation 1 of section 115JB(2) does not put restriction of any sort. It is only when profits are positive after providing for current year depreciation that the provision of clause (iii) of Explanation 1 of Section 115JB(2) of IT Act are invoked. Here again

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

carry forward of unabsorbed depreciation of Assessment Year 2002-03, the clause (iii) of Explanation 1 of section 115JB(2) does not put restriction of any sort. It is only when profits are positive after providing for current year depreciation that the provision of clause (iii) of Explanation 1 of Section 115JB(2) of IT Act are invoked. Here again

ACIT, CIRCLE - 35, , KOLKATA vs. M/S. MACHINERY AGENCIES INDIA , KOLKATA

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

Section 68 of the Income Tax Act and consequently deleted the disallowance of Rs. 3,10,478/-, which was made with respect to interest and when the same has been confirmed by the ITAT, it cannot be said that ITAT has committed any error and/or illegality, which calls for the interference of this Court. In paragraph 11, ITAT has observed

BANGIYA GRAMIN VIKASH BANK,MURSHIDABAD vs. ACIT, CIR.42, MURSHIDABAD

In the result, appeal of the assessee for Assessment Year 2008-09 is partly allowed

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 2580 & 2581/Kol/2019 Assessment Years: 2007-08 & 2008-09 Bangiya Gramin Vikash Bank Asstt. Commissioner Of Income Vs Tax, Circle - 42, Murshidabad Nh-34, Bmc House P.O. Chuanpur, Berhampore Murshidabad - 742101 [Pan : Aaalb0462D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Soumitra Choudhury & Shri Pranabesh Sarkar, Advocate Revenue By : Shri Ranu Biswas, Addl. Cit D/R सुनवाई क" तारीख/Date Of Hearing : 02/03/2023 घोषणा क" तारीख /Date Of Pronouncement: 15/03/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals) - 12, Kolkata (Hereinafter The “Ld. Cit(A)”) Even Dated 26/09/2019, Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), For Assessment Years 2007-08 & 2008-09. 2. The Assessee Has Raised The Following Grounds Of Appeal For The Assessment Year 2007-08:- “1. For That On The Facts Of The Case, The Order Passed By The Ld. Cit(A)-12, Kolkata Is Completely Arbitrary, Unjustified & Illegal & Without Any Jurisdiction. 2. For That On The Facts Of The Case, The Ld. C.I.T. (A) Was Wrong In Not Considering The Merit Of The Case, Therefore, The Order Passed By The Ld. C.I.T. (A) Is Completely Arbitrary, Unjustified & Illegal. 3. For That On The Facts Of The Case, The Ld. C.I.T. (A) Was Wrong In Not Considering The Facts That In Reopening The Assessment U/S. 148 (R.W.S. 147)

carry forward loss set off of brought forward losses an amounting to Rs.2,05,51,01,000/- which is completely arbitrary, unjustified and illegal. 5. For that on the facts of the case, Ld. CIT(A) was wrong in dittoing the order of the A.O. and confirming the addition of Rs.8,00,000/- under head "provision for fraud" which

BANGIYA GRAMIN VIKASH BANK,MURSHIDABAD vs. ACIT, CIR.42, MURSHIDABAD

In the result, appeal of the assessee for Assessment Year 2008-09 is partly allowed

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 2580 & 2581/Kol/2019 Assessment Years: 2007-08 & 2008-09 Bangiya Gramin Vikash Bank Asstt. Commissioner Of Income Vs Tax, Circle - 42, Murshidabad Nh-34, Bmc House P.O. Chuanpur, Berhampore Murshidabad - 742101 [Pan : Aaalb0462D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Soumitra Choudhury & Shri Pranabesh Sarkar, Advocate Revenue By : Shri Ranu Biswas, Addl. Cit D/R सुनवाई क" तारीख/Date Of Hearing : 02/03/2023 घोषणा क" तारीख /Date Of Pronouncement: 15/03/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals) - 12, Kolkata (Hereinafter The “Ld. Cit(A)”) Even Dated 26/09/2019, Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), For Assessment Years 2007-08 & 2008-09. 2. The Assessee Has Raised The Following Grounds Of Appeal For The Assessment Year 2007-08:- “1. For That On The Facts Of The Case, The Order Passed By The Ld. Cit(A)-12, Kolkata Is Completely Arbitrary, Unjustified & Illegal & Without Any Jurisdiction. 2. For That On The Facts Of The Case, The Ld. C.I.T. (A) Was Wrong In Not Considering The Merit Of The Case, Therefore, The Order Passed By The Ld. C.I.T. (A) Is Completely Arbitrary, Unjustified & Illegal. 3. For That On The Facts Of The Case, The Ld. C.I.T. (A) Was Wrong In Not Considering The Facts That In Reopening The Assessment U/S. 148 (R.W.S. 147)

carry forward loss set off of brought forward losses an amounting to Rs.2,05,51,01,000/- which is completely arbitrary, unjustified and illegal. 5. For that on the facts of the case, Ld. CIT(A) was wrong in dittoing the order of the A.O. and confirming the addition of Rs.8,00,000/- under head "provision for fraud" which

D.C.I.T CIR - 11,KOLKATA., KOLKATA vs. M/S EPCOS INDIA PVT LTD, KOLKATA

In the result, the appeals as well as the cross objections are dismissed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am]

68,197/-. Since the total income was negative it was not possible for the respondent to claim set off of the aforesaid unabsorbed depreciation against the income for the relevant year and hence in the return the same was claimed to be carried forward. The details of brought forward loss in respect of the aforesaid 4 ITA Nos.815&816/Kol/2013 & C.O.Nos

M/S. MILLENNIUM STOCK BROKING (P) LIMITED ,KOLKATA vs. DCIT, CIRCLE - 4(2), KOLKATA , KOLKATA

In the result, the appeal of the assessee is allowed as per terms indicated above

68,61,740/-. We notice that for the year under appeal, the assessee had positive income and set off was given for the brought forward business loss and unabsorbed depreciation for A.Ys. 2009-10 and 2010-11. The relevant portion of computation of income filed by the assesee is annexed below:- 4 Assessment Year: 2011-2012 M/s. Millennium Stock Broking

BIDIT FINANCIAL MANAGEMENT PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-7(1), KOLKATA, KOLKATA

Bench: Shri A.T.Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.579/Kol/2017 ("नधा"रणवष" / Assessment Year:2012-13)

carried the matter in appeal before the ld. CIT(A). The ld. CIT(A) has reiterated the findings of the Assessing Officer and confirmed the addition made by the Assessing Officer. Aggrieved, the assessee is in appeal before us. Bidit Financial Management Pvt. Ltd. Assessment Year:2012-13 6. The Ld. DR appearing on behalf of the Revenue stated before

ITO, WD-1(1), SILIGURI, SILIGURI vs. M/S CACHAR KING PLANTATIONS PVT. LTD., SILIGURI

In the result, appeal of the revenue is dismissed

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2012-13 Income Tax Officer, Ward-1(1), Siliguri..………......……….........…………..………….…................Appellant Vs. M/S. Cachar King Plantations Pvt. Ltd..……...........…………..……………….…...……..…….......Respondent Situvita Tea Factory Bidhan Nagar Siliguri [Pan : Aabcc 0744 P] Appearances By: Shri Subash Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri Robin Choudhury, Sr. D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : December 12Th, 2018 Date Of Pronouncing The Order : January 16Th , 2019 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Revenue Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)- Siliguri, (Hereinafter The ‘Ld. Cit(A)’), Dt. 27/05/2015, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2012-13. 2. The Assessee Is A Company & Is In The Business Of Investment In Shares & Securities. For The Assessment Year 2012-13, It E-Filed Its Original Return Of Income On 22/09/2012, Disclosing Total Business Income At Rs.3,71,534/-. The Assessment Order Was Passed U/S 143(3) Of The Act, On 30/03/2015, Making An Addition Of Unexplained Cash Credit To The Tune Of Rs.1,30,00,000/-, U/S 68 Of The Act. This Was Set Off Against Carried Forward Losses & Gross Total Balance Was Determined At –Nil- Aggrieved The Assessee Carried The Matter In Appeal. The Ld. First Appellate Authority Deleted The Addition For The Reasons Given In His Order.

68 of the Act. This was set off against carried forward losses and gross total balance was determined at –Nil- Aggrieved the assessee carried the matter in appeal. The ld. First Appellate Authority deleted the addition for the reasons given in his order. 3. Aggrieved, the revenue is in appeal before us. 2 Assessment Year: 2012-13 M/s. Cachar King

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

forward to prove. Therefore, it shall be assumed that the assessee failed to prove the existence of the creditors or for that matter the creditworthiness. As rightly pointed out by the learned counsel that the Commissioner of Income-tax (Appeals) has taken the trouble of examining of all other materials and documents, viz., confirmatory statements, invoices, challans and vouchers showing

ROHIT KUMAR, INCOME TAX OFFICER, WARD-12(1), KOLKATA, KOLKATA vs. M/S. THE UNITED PROVINCES SUGAR COMPANY PVT LTD, KOLKATA

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2024-25 Ito, Ward-12(1), Kolkata…..……..……….………….……….……….……Appellant Vs. M/S The United Provinces Sugar Company Pvt. Ltd.…….....……...…..…..Respondent 1St Floor, Chartered Bank Building, 4, Netaji Subhash Road, Kol-1. [Pan: Aaact4947L] Appearances By: Shri S B Chakraborthy, Addl. Cit, Appeared On Behalf Of The Appellant. Shri J P Khaitan, Sr. Counsel, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 20, 2025 Date Of Pronouncing The Order : February 03, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Revenue Is Directed Against The Order Dated 28.03.2025 Of The Addl/Jcit(A)-9, Delhi (Hereinafter Referred To As The “Cit(A)”) Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2024–25. 2. Brief Facts Of The Case Are That During The Year Under Consideration, The Assessee Filed Its Return Of Income On 11.10.2024 Claiming A Refund Of Rs.15,61,200/- Pursuant To Set-Off Of Brought Forward Business Loss Against The Returned Income. Intimation Order U/S. 143(1) Of The Act Was Directly Passed On 01.11.2024, Assessing A Refund Of Rs.16,22,410/- & Allowing Setoff Of Brought Forward Loss Against Income As Done In The Return Of Income. However, The Order Did Not Capture The Schedule Of Carry Forward Business Loss & Unabsorbed Depreciation For Earlier Years. M/S The United Provinces Sugar Company Pvt. Ltd 3. Aggrieved By The Above Order, The Assessee Filed Appeal Before The Ld. Cit(A) Wherein The Ld. Cit(A) Allowed The Appeal Of The Assessee By Observing As Under:

68,32,220/- in the impugned intimation order dated 01.11.2024. On perusal of grounds of appeal, it is found that the action of AO in disallowing carry forward of business loss and unabsorbed depreciation in absence of any reason/justification, more particularly when the same losses have been accepted by the ld. AO in earlier years

M/S ERNST & YOUNG LLP,KOLKATA vs. CIT-3, KOLKATA, KOLKATA

In the result the appeal of the assessee is allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am] I.T.A No. 499/Kol/2015 Assessment Year : 2010-11 M/S. Ernst & Young Pvt. Ltd. -Vs.- C.I.T., Kol-3, Kolkata Kolkata. [Pan : Aabce 9188 P] (Respondent) (Appellant) For The Appellant : Shri B.N.Bajoria, Sr.Advocate Shri D.Ghosh, Fca For The Respondent : Shri Niraj Kumar, Cit(Dr) Date Of Hearing : 15.05.2017. Date Of Pronouncement : 19.05.2017. Order Per N.V.Vasudevan, Jm This Is An Appeal By The Assessee Against The Order Dated 18.03.2015 Of Cit- Kol-3, Kolkata Passed U/S 263 Of The Income Tax Act, 1961 (Act.).

carry forward of loss as claimed by the Assessee for set off in the subsequent assessment years would be nil. This the background in which the present proceedings u/s.263 of the Act was initiated by the CIT. 6. The AO before completing the assessment u/s 143(3) of the Act, made the following enquiries with regard to the assessee

DALMIA LAMINATORS LTD.,KOLKATA vs. ACIT, CIR. 7(1), KOLKATA

In the result, the appeal of the assessee is partly allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

68 of the I.T. Act. iii. That the appellant craves leave to add/or amend any ground of this appeal.” 2. Brief facts of the case are that the ld. AO framed the assessment order u/s 143(3) vide order dated 14.12.2019 for the A.Y. 2017-18 of the Act. The assessee in its return of income disclosing total income

ITO, WARD-12(3), KOLKATA, KOLKATA vs. M/S SPLENDOUR VILLA MAKERS PVT. LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Hon’Ble Shri S.S. Godara, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1768/Kol/2016 Assessment Year : 2012-13 Ito, Ward-12(3), Kolkata -Vs- M/S Splendour Villa Makers Pvt. Ltd. [Pan: Aahcs 9726 M] (Appellant) (Respondent)

forward to prove. Therefore, it shall be assumed that the assessee failed to prove the existence of the creditors or for that matter the creditworthiness. As rightly pointed out by the learned counsel that the Commissioner of Income-tax (Appeals) has taken the trouble of examining of all other materials and documents, viz., confirmatory statements, invoices, challans and vouchers showing