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

Appeal stands dismissed

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

section 68 addition of Rs.4.51 crores and [the interest paid by assessee to lenders] Rs.53,70,163/- is confirmed

ENKAY TRAFFIN (P) LTD.,KOLKATA vs. PR.CIT-4, KOLKATA

In the result, appeal of the assessee is allowed

section 133(6) ng the notice under section 133(6) of the Act. (vi) We note from a perusal of the paper book pages (vi) We note from a perusal of the paper book pages-2, 160 to 184 the 2, 160 to 184 the details of share applicant details of share applicant M/s. Shivashiv Dealcom

DCIT, CC-1(2), KOLKATA, KOLKATA vs. M/S. P & P HIGHRISE PVT. LTD., KOLKATA

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

section 68 is not sustainable. The assessee has drew the attention of the ld. CIT(Appeals) towards the material submitted by it. A paper book running into 202 pages containing the material filed before the authorities below has been filed before us. For making reference about the nature of material, we would deem it appropriate to take note

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 68 addition of Rs.4.51 crores and [the interest paid by assessee to lenders] Rs.53,70,163/- is confirmed

DCIT, CENTRAL CIRCLE - 4(4), KOLKATA, KOLKATA vs. M/S. EVERNEWCOMMODEAL PVT. LTD. , KOLKATA

In the result, ITA No.1535/Kol/2025 of the revenue is dismissed

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1535 & 1536/Kol/2025 Assessment Years: 2018-19 & 2019-20 Dcit, Central Circle-4(4), Kolkata.…………………………….…….……Appellant Vs. M/S Evernewcommodeal Pvt. Ltd..……………….………...……...…..…..Respondent 11, Pollock Street, Kol- 1. [Pan: Aabce9293P] Appearances By: Shri Altaf Hossain, Addl. Cit-Dr, Appeared On Behalf Of The Appellant. Shri Manish Tiwari, Fca, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 17, 2025 Date Of Pronouncing The Order : October 10, 2025 Order Per Pradip Kumar Choubey: Both The Captioned Appeals Have Been Preferred By The Assessee For The Assessment Years 2018-19 & 2019-20 Against Separate Orders Both Dated 25.04.2025 Of The Commissioner Of Income Tax (Appeals)-27, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. Ita No.1535/Kol/2025 Is Taken As Lead Case For Narration Of Facts. Ita No.1535/Kol/2025 - Brief Facts Of The Case Are That U/S 2. 139(1) Of The Act On 10-10-2019 Declaring A Total Income At Rs. 10,02,960/-. The Same Was Processed U/S 143(1) Of The Act. Later, A Search & Seizure Operation U/S 132 Of The Act Was Conducted At "Ladhuram Toshniwal Group" On 08-03-2022 As A Part Of "Jain Group" Of Concerns/ Persons At Various Places & Simultaneously, Business

section 68 addition of Rs.4.51 crores and [the interest paid by assessee to lenders] Rs.53,70,163/- is confirmed

DCIT, CENTRAL CIRCLE - 4(4), KOLKATA, KOLKATA vs. M/S. EVERNEWCOMMODEAL PVT. LTD. , KOLKATA

In the result, ITA No.1535/Kol/2025 of the revenue is dismissed

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1535 & 1536/Kol/2025 Assessment Years: 2018-19 & 2019-20 Dcit, Central Circle-4(4), Kolkata.…………………………….…….……Appellant Vs. M/S Evernewcommodeal Pvt. Ltd..……………….………...……...…..…..Respondent 11, Pollock Street, Kol- 1. [Pan: Aabce9293P] Appearances By: Shri Altaf Hossain, Addl. Cit-Dr, Appeared On Behalf Of The Appellant. Shri Manish Tiwari, Fca, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 17, 2025 Date Of Pronouncing The Order : October 10, 2025 Order Per Pradip Kumar Choubey: Both The Captioned Appeals Have Been Preferred By The Assessee For The Assessment Years 2018-19 & 2019-20 Against Separate Orders Both Dated 25.04.2025 Of The Commissioner Of Income Tax (Appeals)-27, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. Ita No.1535/Kol/2025 Is Taken As Lead Case For Narration Of Facts. Ita No.1535/Kol/2025 - Brief Facts Of The Case Are That U/S 2. 139(1) Of The Act On 10-10-2019 Declaring A Total Income At Rs. 10,02,960/-. The Same Was Processed U/S 143(1) Of The Act. Later, A Search & Seizure Operation U/S 132 Of The Act Was Conducted At "Ladhuram Toshniwal Group" On 08-03-2022 As A Part Of "Jain Group" Of Concerns/ Persons At Various Places & Simultaneously, Business

section 68 addition of Rs.4.51 crores and [the interest paid by assessee to lenders] Rs.53,70,163/- is confirmed

M/S GREEN STAR CORPORATION,KOLKATA vs. ACIT, CIRCLE - 45, KOLKATA, KOLKATA

In the result, the appeal of assessee is allowed in part

Bench: Hon’Ble Shri J. Sudhakar Reddy, Am & Hon’Ble Shri A. T. Varkey, Jm Assessment Year: 2011-12

163 (Mum). I. Section 41(1) of the Income-tax Act, 1961 - Remission or cessation of trading liability – Assessment year 2005-06 - During assessment proceedings, Assessing Officer observed that there was a liability of Rs. 10,85,531 pending for more than 5 years on assessee and same had not been claimed by creditors; therefore, he added this amount

NEXTGEN VYAPAAR ,KOLKATA vs. PR.CIT-2, KOLKATA

In the result, appeal of the assessee is allowed

section 133(6) of the Act. section 133(6) of the Act. (v) We note from a perusal of the paper book (v) We note from a perusal of the paper book-2, pages 138 to 159 the 2, pages 138 to 159 the details of share applicant details of share applicant M/s. Shivarshi Construction

M/S DESUN HEALTHCARE AND RESEARCH INSTITUTE LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-12(1), KOLKATA

In the result, appeal of the assessee is partly allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2015-16 Desun Healthcare & Deputy Commissioner Of Research Institute Ltd. Income-Tax, Circle-12(1), Vs. (Pan: Aaccn0884A) Kolkata. 8/1A/1, Keyatalla Road, Kolkata-700029. (Appellant) (Respondent) Present For: Appellant By : Shri Manoj Kataruka, Advocate Respondent By : Md. Ghayas Uddin, Cit, Dr Date Of Hearing : 18.08.2022 Date Of Pronouncement : 10.10.2022 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Arising Out Of The Order Of Commissioner Of Income-Tax(Appeals) – 4, Kolkata In Appeal Number 74/Cit(A)-4/C-12(1)/17-18 Dated 31.01.2019 Against The Assessment Order Passed Under Section 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The Act) By Dcit, Circle – 12(1), Kolkata, Dated 21.12.2017. 2. Grounds Of Appeal Taken By The Assessee Are Reproduced As Under: “1. That On The Facts & In The Circumstances Of The Case The Action Of The Ld. Clt(A) To Confirm The Addition Made By The Ao. Is Without Providing Reasonable Opportunity Of Being Heard In Violation Of The Principles Of Natural Justice & Therefore The Order Passed Is Bad In Law. 2. That On The Facts & In The Circumstances Of The Case The Action Of The Ld. Cit(A) To Confirm The Addition Made By The Ao. By Passing An Ex-Parte Order Is Without Considering The Submissions Recorded In The Statement Of Facts & In Violation Of The Principles Of Natural Justice Without Providing Reasonable Opportunity Of Being Heard & Therefore The Order Passed Is Arbitrary, Excessive & Illegal.

68 of the Act as the said section applies only in respect of the year when the liability is credited in the books of account of the assessee. Since these are old liabilities which are carried forward from the earlier years and no money was received by the assessee from these parties in the year under consideration, he thus

A.C.I.T.,CIRCLE-6(2), KOLKATA vs. M/S OVERTOP MARKETING PVT. LTD., KOLKATA

Bench: Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

68 of the Act. 2. "Whether on the facts and in the circumstances of the case and in law the Ld.CIT(A) erred in not appreciating the fact that the loan creditors of Rs.4,51,00,000/- whose identity and their creditworthiness for advancing of such huge amount of loan and the genuineness of transaction of loan creditors remain unexplained

SRI SHANKAR PRADHAN,ASANSOL vs. ITO, WARD-2(3), ASANSOL, ASANSOL

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

Bench: Shri P.M. Jagtap

section 68 of the Act. 5. The inquiry made by the Assessing Officer during the course of assessment proceedings revealed that there was one Bank account maintained by the assessee with Axis Bank, Asansol in his individual name but the same was not reflected in the books of account of the assessee. The assessee also could not offer

ITO, WD-9(2), KOLKATA, KOLKATA vs. M/S GOLDSTAR TRACOM PVT. LTD., KOLKATA

In the result, appeal of the assessee is allowed

Bench: Sri J. Sudhakar Reddy & Smt. Madhumita Roy) Assessment Year: 2011-12 Income Tax Officer, Ward-9(2), Kolkata...........................................................…..…….………..Appellant M/S. Goldstar Tracom Pvt. Ltd…..………………………………………..……………...…….…............Respondent 4, Synagougue Street Burrabazar Kolkata – 700 001 [Pan: Aadcg 8045 K] Appearances By: Shri Manish Tiwari, A/R, Appeared On Behalf Of The Assessee. Shri Saurabh Kumar, Addl. Cit, D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : September 12Th, 2018 Date Of Pronouncing The Order : November 9Th , 2018 Order Per J. Sudhakar Reddy, Am :-

163 of paper book. There is no allegation of AO that deposit of cash in bank accounts of share subscribers. The details of source of funds from which this company had made the share application was also explained in respective reply filed in the paper book. This company invested Rs.20 Lakhs in the assessee company and has capital and revenue

ITO, WARD-6(1), KOLKATA vs. M/S DANIEL COMMODITIES PVT. LTD., KOLKATA

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.645/Kol/2020 Assessment Year: 2009-10 Ito, Ward-6(1), Kolkata………..…….......................…...……………....Appellant Vs. M/S Daniel Commodities Pvt. Ltd…..........…..........................…..…..... Respondent 6, Lyons Range, Kolkata – 1. [Pan: Aaccd9344F] C.O. 4/Kol/2023 (A/O I.T.A. No.645/Kol/2020) Assessment Year: 2009-10 M/S Daniel Commodities Pvt. Ltd…………….....................…..…..... Cross-Objector 6, Lyons Range, Kolkata – 1. [Pan: Aaccd9344F] Vs Ito, Ward-6(1), Kolkata …………….......................…...……………....Respondent Appearances By: Shri Abhijit Kundu, Cit-Dr, Advocate, Appeared On Behalf Of The Department. Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Assessee. Date Of Concluding The Hearing : February 23, 2024 Date Of Pronouncing The Order : May 07, 2024

163 (Del) 6. Order of the Tribunal Mumbai Bench, in the case of Instant I.T.A. No.645/Kol/2020 & C.O. 4/Kol/2023 Assessment Year: 2009-10 M/s Daniel Commodities Pvt. Ltd Holdings Ltd. ACIT in ITA no. 4593, 4748/Mum/2011 order dated 09.03.2016. 7. Order of the Tribunal Kolkata Bench, in the case of Emerald Company Ltd in ITA no. 428/Ko1/2015 order dated

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’).

163 (Del) 6. Order of the Tribunal Mumbai Bench, in the case of Instant Holdings Ltd. ACIT in ITA no. 4593, 4748/Mum/2011 order dated 09.03.2016. 7. Order of the Tribunal Kolkata Bench, in the case of Emerald Company Ltd in ITA no. 428/Ko1/2015 order dated 13.01.2016 8. Judgment of Karnataka High Court in the case of CIT v Intel Techno

DCIT, CIR-6, KOLKATA, KOLKATA vs. UNIVERSAL INDUSTRIAL FUND LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Sri Aby T.Varkey, Jm & Shri Waseem Ahmed, Am I.T. A. No. 297/Kol/2014 Assessment Years: 2010-11

163/- in its books of account, which was rejected by the AO on the ground that it was not a sundry debtor and that interest was not being accounted for past several years. On appeal, the ld. CIT(A) was pleased to allow the claim of the assessee vide para 3.2 of his order by holding as under

EVEREADY INDUSTRIES INDIA LTD.,KOLKATA vs. DCIT, CIRCLE - 11(1), KOLKATA, KOLKATA

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

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri S.S. Viswanethra Ravi

68,848/- after making the following additions:- (i) T.P. Adjustment Rs.1,96,77,739/- (ii) Disallowance u/s 40(a)(ia) Rs. 3,00,000/- (iii) Rs. 1,61,124/- Disallowance u/s. 40A(9) The record of the assessment completed by the Assessing Officer under section 143(3) read with section 144C(3) of the Act was examined

AMIT KHEMKA,KOLKATA vs. ITO, WARD - 43(1), KOLKATA

In the result, the appeal is partly allowed

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

163 taxmann.com 449 (Calcutta) where the facts were that after search and seizure operations assessee declared certain undisclosed income which was added to the income disclosed in returns filed in response to notice issued under section 153A and the assessment orders were followed by notices under section 271(1)(c) read with section 274 and after considering

AMIT KHEMKA,KOLKATA vs. ITO, WARD - 43(1), KOLKATA

In the result, the appeal is partly allowed

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

163 taxmann.com 449 (Calcutta) where the facts were that after search and seizure operations assessee declared certain undisclosed income which was added to the income disclosed in returns filed in response to notice issued under section 153A and the assessment orders were followed by notices under section 271(1)(c) read with section 274 and after considering