DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 4(3), KOLKATA, KOLKATA vs. AVIMA EXPORTS PRIVATE LIMITED, KOLKATA

In the result, the appeal of the Revenue is dismissed

sections": [ "68", "139(1)", "143(3)", "133A", "131", "147", "148", "69C", "36(1)(iii)" ], "issues": "Whether the addition made

DCIT, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. GOLDEN GOENKA CREDIT PRIVATE LIMITED , KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Shri Rajesh Kumar (Accountant Member), Shri Pradip Kumar Choubey (Judicial Member)

sections for e.g. a statement recorded u/s. 132(4) is presumed to be correct in the hands of the maker of such statement. Similarly a statement made u/s. 133A or 131 of the Income Tax Act, 1961 has no evidentiary value as held by the Honble Supreme Court in the case of S. Kader Khan Sons

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

133A of the Act, but a retracted statement even under section 132(4) of the Act would require some corroborative material for the AO to proceed to make additions on the basis of such statement. 12.2 In the case of “Basant Bansal vs. ACIT” reported in (2015)63 taxmann.com 199 (Jaipur Trib.), the assessee therein, during the search

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

133A of the Act, but a retracted statement even under section 132(4) of the Act would require some corroborative material for the AO to proceed to make additions on the basis of such statement. 12.2 In the case of “Basant Bansal vs. ACIT” reported in (2015)63 taxmann.com 199 (Jaipur Trib.), the assessee therein, during the search

DCIT,CIR-43,KOL, KOLKATA vs. S.K.AGARWALA & CO, KOLKATA

In the result both the appeals of the Revenue are dismissed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

68 of the Act in respect of unsecured loans raised by the assessee from nine different entities. 3. The facts in brief are that the assessee filed its return of income on 15.10.2016 declaring total income of Rs.70,75,050/-, which was processed under section 143(1) of the Act. The case of the assessee was selected for compulsory

DCIT,CIR-43,KOL, KOLKATA vs. S.K.AGARWALA & CO, KOLKATA

In the result both the appeals of the Revenue are dismissed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

68 of the Act in respect of unsecured loans raised by the assessee from nine different entities. 3. The facts in brief are that the assessee filed its return of income on 15.10.2016 declaring total income of Rs.70,75,050/-, which was processed under section 143(1) of the Act. The case of the assessee was selected for compulsory

D.C.I.T.,CIRCLE-9(1), KOLKATA vs. M/S SHREE ANJANI SAREES PVT. LTD., KOLKATA

In the result, the appeal of the revenue is dismissed and the C

Bench: Shri P. M. Jagtap, Vice-(Kz) & Shri A. T. Varkey, Jm]

133A, the AO added sum 8 | P a g e ITA No.30/Kol/2020 & C.O. No. 13/Kol/2020 M/s Shree Anjani Sarees Pvt. Ltd. A.Y. 2016-17 of Rs. 2,47,34,399/- u/s 69B of the Act, The AO further noted that the appellant did not include such undisclosed stock in its books and therefore he presumed that the appellant had sold

M/S. BMS SALES PVT. LTD., ,PURULIA vs. DCIT, CENTRAL CIRCLE 3(1), , KOLKATA

In the result, the appeal of the assessee is allowed

sections": [ "139(1)", "143(1)", "132", "147", "148", "143(2)", "142(1)", "148A", "151", "153C", "149(1)(b)", "68", "133(6)", "131", "132(4)", "133A

DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL CIRCLE)- 3(1), KOLKATA, KOLKATA vs. AUXINITE SUPPLIERS PRIVATE LIMITED, KOLKATA

In the result, the appeal of the Revenue is dismissed and CO of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Dy. Commissioner Of Income Auxinite Suppliers Private Tax (Cc)-3(1) Limited 4Th Floor, Aaykar Bhawan 44/2A Jain Tower, Hazra Road, Vs. Poorva, 110 Shantipally, Kolkata- Kolkata-700019, West Bengal 700017, West Bengal (Appellant) (Respondent) Pan No. Aaecb3974H Co No. 11/Kol/2025 (Arising In Ita No. 139/Kol/2025 For A.Y. 2019-20) Dy. Commissioner Of Income Auxinite Suppliers Private Tax (Cc)-3(1) Limited 4Th Floor, Aaykar Bhawan 44/2A Jain Tower, Hazra Road, Vs. Poorva, 110 Shantipally, Kolkata- Kolkata-700019, West Bengal 700017, West Bengal (Appellant) (Respondent) Assessee By : S/Shri Rajeeva Kumar & Giridhar Dhelia, Ars Revenue By : Shri V. Vidhyadhar, Dr Date Of Hearing: 11.02.2026 Date Of Pronouncement: 02.04.2026

133A of the Act, but a retracted statement even under section 132(4) of the Act would require some corroborative material for the AO to proceed to make additions on the basis of such statement. 12.2 In the case of “BasantBansal vs. ACIT” reported in (2015)63 taxmann.com 199 (Jaipur Trib.), the assessee therein, during the search and seizure

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 4(3), KOLKATA, KOLKATA vs. AVIMA EXPORTS PRIVATE LIMITED, KOLKATA

Accordingly the ground No. 2 is dismissed by upholding the order of Ld

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm Dcit, Central Circle 4(3) Avima Exports Private Limited 4Th Ns Road, Dalhousie, Kolkata, 110, Shantipally, Vs. Kolkata-700107, West Bengal Kolkata-700001, West Bengal (Appellant) (Respondent) Pan No. Aagca5857N Assessee By : Shri Manish Tiwari, Ar Revenue By : Shri Raja Sengupta, Dr Date Of Hearing: 03.09.2025 Date Of Pronouncement: 11.11.2025

section 133A, stands alone, has no evidentiary value. The Ld. CIT(A) in this respect has also placed reliance upon the CBDT letter no 286/2/2003-IT (Inv) dated 03.10.2003, which clearly states that statement recorded under undue pressure/coercion at the time of search/survey should be considered adversely. 18. The said CBDT Letter No.286/2/2003-IT(Inv) dated Oct 3, 2003 read

DEPUTY COMMSSIONER OF INCOME TAX, CENTRAL CIRCLE, 4(3), KOLKATA, KOLKATA vs. PRIVI EXPORTS PRIVATE LIMITED, KOLKATA

Accordingly the ground No. 2 is dismissed by upholding the order of Ld

Bench: SHRI RAJESH KUMAR, ACCOUNTANT MEMBER SHRI PRADIP KUMAR CHOUBEY (Judicial Member)

section 133A, stands alone, has no evidentiary value. The Ld. CIT(A) in this respect has also placed reliance upon the CBDT letter no 286/2/2003-IT (Inv) dated 03.10.2003, which clearly states that statement recorded under undue pressure/coercion at the time of search/survey should be considered adversely. 18. The said CBDT Letter No.286/2/2003-IT(Inv) dated Oct 3, 2003 read

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. VIVEK GUPTA, KOLKATA

The appeal of the revenue is dismissed

Bench: SHRI RAJESH KUMAR, ACCOUNTANT MEMBER SHRI SONJOY SARMA (Judicial Member)

section 133A, stands alone, has no evidentiary value. The Ld. CIT(A) in this respect has also placed reliance upon the CBDT letter no 286/2/2003-IT (Inv) dated 03.10.2003, which clearly states that statement recorded under undue pressure/coercion at the time of search/survey should be considered adversely. 18. The said CBDT Letter No.286/2/2003-IT(Inv) dated Oct 3, 2003 read

M/S MODERN MALLEABLES LIMITED,KOLKATA vs. D.C.I.T CIR - 8(1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap(Kz) &Shri A. T. Varkey, Jm] Assessment Year: 2013-14

68 was deleted where assessee company had discharged its onus of establishing identity, genuineness and creditworthiness of both investors as well as lenders. Similarly, SLP was dismissed. 16. Thereafter, the ld. AR relied on the following case laws for the proposition that retracted statements cannot be relied upon. a) PCIT -vs.- Texraj Realty Pvt Ltd (ITA 612 of 2018 dated

HARSHWARDHAN GEMS PVT. LTD.,KOLKATA vs. ITO, WARD - 12(3), KOLKATA, KOLKATA

In the result, both the appeals of revenue and that of assessee are dismissed

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

Section 68 the assessment was made on this sum. The ITAT noted that the assessed was a Public Limited Company which had received subscriptions to the public issue through banking channels and the shares were allotted in consonance with the provisions of the Securities Contract Regulation Act, 1956 as also the Rules & Regulations of the Delhi Stock Exchange. Complete

ITO, WARD - 12(3), KOLKATA, KOLKATA vs. M/S. HARSHWARDHAN GEMS P. LTD., KOLKATA

In the result, both the appeals of revenue and that of assessee are dismissed

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

Section 68 the assessment was made on this sum. The ITAT noted that the assessed was a Public Limited Company which had received subscriptions to the public issue through banking channels and the shares were allotted in consonance with the provisions of the Securities Contract Regulation Act, 1956 as also the Rules & Regulations of the Delhi Stock Exchange. Complete

D.C.C.T.,CIRCLE-3(1), KOLKATA vs. M/S NARSINGH ISPAT LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No. 1513/Kol/2019 Assessment Year: 2011-2012 Deputy Commissioner Of Income Tax,.........Appellant Circle-3(1), Kolkata, Aayakar Bhawan, 4Th Floor, Room No. 19, P-7, Chowringhee Square, Kolkata-700069 -Vs.- M/S. Narsingh Ispat Limited,....................Respondent 16, Strand Road, Fairly Place, 15Th Floor, Diamond Heritage, Unit-1512, Kolkata-700001 [Pan: Aaccn0208J] Appearances By: Shri P.P. Barman, Addl. Cit, Sr. D.R., Appeared On Behalf Of The Revenue Shri Miraj D. Shah, A.R., Appeared On Behalf Of The Assessee Date Of Concluding The Hearing : April 05, 2023 Date Of Pronouncing The Order : April 18, 2023 O R D E R

133A of the Act carried out on two entry operators namely Bhartia Group and Newatia Group noticed that these entry operators were providing accommodation entries through authorized Private Limited Companies and the list of such names also included M/s. Paramdham Agencies Pvt. Limited. During the year under consideration, the assessee-company received Rs. 4 crores from M/s. Paramdham Agencies

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(1), KOLKATA, KOLKATA vs. AXIS OVERSEAS LIMITED, KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Dy. Commissioner Of Income Tax, Cc 1(1), Kolkata Axis Overseas Limited Aaykar Bhawan Poorva, 21A, Shakespeare Sarani, Vs. 3Rd Floor, Kolkata-700107, Kolkata-700107, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aagca7497L Assessee By : Shri Siddharth Agarwal, Ar Revenue By : Shri P.N. Barnwal, Dr Date Of Hearing: 13.11.2025 Date Of Pronouncement: 03.12.2025

section 68 of the Act on the ground that the assessee failed to discharge its onus to establish identity, creditworthiness and genuineness of the transaction in respect of the money received through cash trail. The CIT(A) in course of hearing the appeal called for a remand report from the Assessing Officer and in the said remand report

DCIT, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. AVIMA EXPORTS PRIVATE LIMITED , KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Shri Rajesh Kumar (Accountant Member), Shri Pradip Kumar Choubey (Judicial Member)

Section 250 of the Income-tax Act, 1961 (hereinafter referred to as “the Act”). 2. Brief facts of the case are that the assessee company being the flagship concern of ‘Avima Group’ was engaged mainly in trading of jute products. The assessee filed original Return of income u/s 139 of the Act on 27.09.2015 declaring total income at Rs.33