BALAKA VINIMAY PVT. LTD.,KOLKATA vs. ITO, WARD-2(1), KOLKATA

In the result, appeals of the assessee in ITA No

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 160 & 161/Kol/2024 Assessment Year: 2008-09 Balaka Vinimay Pvt. Ltd. Income Tax Officer, Ward – 2(1), 9/12, Lal Bazar Street Vs Kolkata Kolkata - 700001 [Pan : Aadcb2610B] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri A.K. Tibrewal, A/R & Saurav Gupta, A/R Revenue By : Shri Abhijit Kundu, Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 09/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 21/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Instant Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The National Faceless Appeal Centre, Delhi, (Hereinafter The “Ld. Cit(A)”). Ita No. 160/Kol/2024 Is Against The Order Of The Ld. Cit(A) Dt. 29/11/2023, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) Arising Out Of The Penalty Order Passed By The Ld. Assessing Officer U/S 271(1)(C) Of The Act & Ita No. 161/Kol/2023, Is Against The Order Of The Ld. Cit(A) Dt. 28/11/2023, Arising Out Of The Order Of The Ld. Assessing Officer Passed U/S 143(3) R.W.S. 254 Of The Act, For Assessment Year 2008-09. 2. Though The Assessee Has Raised Various Grounds In Both These Appeals, But The Effective Issue Raised In Ita No. 161/Kol/2024 Is Against The Addition Made U/S 68 Of The Act For Unexplained Share Capital Confirmed By The Ld. Cit(A) & In Ita No. 160/Kol/2024 Is Against The Levy Of Penalty U/S 271(1)(C) Of The Act On The Addition Made

4 I.T.A. No. 160 & 161/Kol/2024 Assessment Year: 2008-09 Balaka Vinimay Pvt. Ltd. appellant has not submitted its reply before AO in response to the notice issued dated 13.02.2020. In view of non-submission of supporting evidences & above facts, it cannot be concluded as to how the order passed by the AO is erroneous and addition u/s 68

BALAKA VINIMAY PVT. LTD.,KOLKATA vs. ITO, WARD-2(1), KOLKATA

In the result, appeals of the assessee in ITA No

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 160 & 161/Kol/2024 Assessment Year: 2008-09 Balaka Vinimay Pvt. Ltd. Income Tax Officer, Ward – 2(1), 9/12, Lal Bazar Street Vs Kolkata Kolkata - 700001 [Pan : Aadcb2610B] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri A.K. Tibrewal, A/R & Saurav Gupta, A/R Revenue By : Shri Abhijit Kundu, Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 09/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 21/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Instant Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The National Faceless Appeal Centre, Delhi, (Hereinafter The “Ld. Cit(A)”). Ita No. 160/Kol/2024 Is Against The Order Of The Ld. Cit(A) Dt. 29/11/2023, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) Arising Out Of The Penalty Order Passed By The Ld. Assessing Officer U/S 271(1)(C) Of The Act & Ita No. 161/Kol/2023, Is Against The Order Of The Ld. Cit(A) Dt. 28/11/2023, Arising Out Of The Order Of The Ld. Assessing Officer Passed U/S 143(3) R.W.S. 254 Of The Act, For Assessment Year 2008-09. 2. Though The Assessee Has Raised Various Grounds In Both These Appeals, But The Effective Issue Raised In Ita No. 161/Kol/2024 Is Against The Addition Made U/S 68 Of The Act For Unexplained Share Capital Confirmed By The Ld. Cit(A) & In Ita No. 160/Kol/2024 Is Against The Levy Of Penalty U/S 271(1)(C) Of The Act On The Addition Made

4 I.T.A. No. 160 & 161/Kol/2024 Assessment Year: 2008-09 Balaka Vinimay Pvt. Ltd. appellant has not submitted its reply before AO in response to the notice issued dated 13.02.2020. In view of non-submission of supporting evidences & above facts, it cannot be concluded as to how the order passed by the AO is erroneous and addition u/s 68

DCIT, C.C.-3(4), KOLKATA vs. M/S TANISHQUE TRADE LINK PVT. LTD, HOWRAH

In the result, appeal of the revenue is dismissed

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 17/Kol/2021 Assessment Year: 2008-09 Deputy Commissioner Of Income Tanishque Tradelink Pvt. Ltd. Tax, Central Circle-3(4), Kolkata Vs Bhabatarini Apartment G.T. Road, Room No. 602 Howrah - 711201 [Pan : Aacct7512R] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri A.K. Tibrewal, Fca Revenue By : Shri Biswanath Das, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 18/01/2023 घोषणा क" तारीख /Date Of Pronouncement: 16/03/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-6, Kolkata (Hereinafter The “Ld. Cit(A)”) Dated 24/09/2020, Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), For Assessment Year 2008-09. 2. The Revenue Has Raised The Following Grounds Of Appeal:- “1. That On Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Law As Well As In Facts In Allowing The Bogus Share Capital Raised In The Books Of The Assessee Without Appreciating The Fact That The Assessee Failed To Discharge Its Primary Onus To Prove & Establish The Identity & Creditworthiness Of The Investor Companies & Genuineness Of The Transaction. 2. That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Law As Well As In Facts In Ignoring That The Identity & Creditworthiness Of The Shareholders & Even The Genuineness Of The Transactions Remained Unexplained. 3. That On Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Not Invoking His Powers U/S. 250(4) Of The I.T. Act, 1961 In Directing The Assessing Officer To Make Further Enquiry & Report The Results Of The

172 (Delhi) 7. We have heard rival contentions, perused the material available on record and the case-laws cited by both the sides. 8. The revenue is aggrieved with the finding of the ld. CIT(A) deleting the addition made by the ld. Assessing Officer u/s 68 of the Act at Rs.9,08,00,000/- towards unexplained share capital

NAVANSH VINIMAY PVT. LTD.,KOLKATA vs. I.T.O., WARD - 8(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Shri George Mathan & Shri Rakesh Mishra

172 (Bom)]. It is thus contended that even if entries in the books of accounts of the companies subscribing to the shares of the assessee company cannot be brought to tax in the hands of the assessee. It is thus contended that the impugned additions under section 68 are devoid of any legally sustainable basis, and I must delete

DCIT, CENTRAL -4(3), KOLKATA, KOLKATA vs. RAJESH AUTO MERCHANDISE PRIVATE LIMITED, KOLKATA

In the result, the appeal of the Revenue is dismissed

4] Further to be noted that where the assessee furnishes full details\nregarding the creditors, it is up to the department to pursue the matter further to locate those creditors and\nexamine their creditworthiness. While drawing the inference, it cannot be assumed in the absence of any material\nthat there has been some illegalities in the assessee's transaction. Thus

M/S. BLUE LOTUS DESIGNERS PVT. LTD.,KOLKATA vs. ITO, WARD-7(4), KOLKATA, KOLKATA

Accordingly, the grounds raised by the Revenue are dismissed

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2012-13 M/S Blue Lotus Designers V/S. Income Tax Officer, Pvt. Ltd., 6/1C, Pranath Ward-7(4), Aayakar Chowdhury Lane, Bhawan, P-7, Kolkata-700 002 Chowringhee Square, [Pan No.Aaecb 9302 R] Kolkata-700 069 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Miraj D. Shah, Advocate अपीलाथ" क" ओर से/By Appellant Shri Supriyo Pal, Jcit, Sr-Dr ""यथ" क" ओर से/By Respondent 07-11-2019 सुनवाई क" तार"ख/Date Of Hearing 08-01-2020 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2012-13 Arises Against The Commissioner Of Income Tax (Appeals)-16 Kolkata’S Order Dated 27.02.2017 Passed In Case No.755/Cit(A)-16/Kol/2015-16/W-7(4) Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused.

68 of the income tax Act as unexplained cash credit. The order is passed u/s 143(3) of the Income Tax Act. ITA No.941/Kol/2017 A.Y. 2012-13 M/s Blue Lotus Designers Pvt. Ltd. Vs. ITO Wd-7(4), Kol. Page 2 4 The AR has filed additional grounds of appeal. Same have been admitted. The crux of the grounds

SHANKAR TRADERS & DISTRIBUTORS PVT. LTD.,KOLKATA vs. ITO, WARD-5(1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No. 199/Kol/2024 Assessment Year: 2012-13 Shankar Traders & Income Tax Officer, Ward-5(1), Distributors Pvt. Ltd. Vs Aaykar Bhawan, A-Block, 1St Floor, Mercantile P-7, Chowringhee Square, Building, 9, Lal Bazar Street, Kolkata-700, West Bengal Kolkata-700001, [Pan: Aadcs8907L] West Bengal अपीलार्थी/ (Appellant) प्रत्‍यर्थी/ (Respondent)

4 of 1988, Section 2, for " Income-tax Officer" (w.e.f. 1.4.1988).], satisfactory, the sum so credited may be charged to income-tax as the income of the assessee of that previous year. Shankar Traders & Distributors Pvt. Ltd.; A.Y. 12-13 [Provided that] where the assessee is a company (not being a company in which the public are substantially interested

I.T.O WD - 8(4),KOLKATA, KOLKATA vs. M/S SPML INFRA LTD, KOLKATA

In the result, to sum up

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

sections, designs, working drawings etc. It was to submit the detailed design and the execution drawings such as site plans, general arrangement drawings, L-sections, plans, architectural, structural drawings and all working drawings, for approval. (ii) Materials: All the material required for the work was to be provided by the assessee. (iii) Labour: The assessee

M/S SMPL INFRA LTD ( EASTWHILE M/S SUBHAS PROJECTS & MARKETING LTD),KOLKATA vs. D.C.I.T CC - XXVIII,KOLKATA, KOLKATA

In the result, to sum up

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

sections, designs, working drawings etc. It was to submit the detailed design and the execution drawings such as site plans, general arrangement drawings, L-sections, plans, architectural, structural drawings and all working drawings, for approval. (ii) Materials: All the material required for the work was to be provided by the assessee. (iii) Labour: The assessee

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

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

4 Assessment Year: 2009-2010 & C.O. No. 14/KOL/2022 (in ITA No. 493/KOL/2022) Assessment Year: 2009-2010 P & P Highrise Pvt. Limited Assessing Officer has not disposed of the objections filed by the assessee and as held by the Hon’ble Supreme Court in the case of GKN Driveshafts India Limited –vs.- ITO [259 ITR 19]. 6. On merits, the assessee

NAVIN KUMAR KAJARIA,KOLKATA vs. ACIT, CIRCLE - 35, KOLKATA , KOLKATA

Bench: Shri S.S, Godara

68 of the Act, where any sum is found credited in the books of the assessee for any previous year, the same may be charged to income tax as the income of the assesses of that previous year if the explanation offered by the assessee about the nature and source thereof is, in the opinion of the Assessing Officer

SMT. SUSHILA DEVI KAJARIA,KOLKATA vs. ACIT, CIRCLE - 36, KOLKATA , KOLKATA

Bench: Shri S.S, Godara

68 of the Act, where any sum is found credited in the books of the assessee for any previous year, the same may be charged to income tax as the income of the assesses of that previous year if the explanation offered by the assessee about the nature and source thereof is, in the opinion of the Assessing Officer

INCOME TAX OFFICER, WARD-9(1), KOLKATA, KOLKATA vs. VIGHNAHARTA VINCOM PRIVATE LIMITED, KARNATAKA

In the result, the appeal of the Revenue is dismissed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Vighnharta Vincom Private Income Tax Officer, Ward 9(1) Limited 5Th Floor, Room No. 5/12/2B, 94-G, Apartments No.1, 9 Th Cross Aaykar Bhawan Poorva, P-7, Road, Rajamahalvilas Extension Vs. Chowringhee Square, Sadashiva Nagar, Bangalore, Kolkata-700069, West Bengal Karnataka-560080, (Appellant) (Respondent) Pan No. Aadcv6413E Assessee By : Shri S.K. Pransukha, Ar Revenue By : Shri Pradeep Dung Dung, Dr Date Of Hearing: 16.03.2026 Date Of Pronouncement: 15.04.2026

172 Advisory Pvt. Ltd. (page no. 24 of PB) 3. Castle Realcom Pvt. Ltd. 15,00,000 AADCC8189N ₹16,97,04,136 (page no. 34 of PB) 4. Confident Financial 30,00,000 AADCC4022C ₹6,11,17,471 Advisory Pvt. Ltd. (page no 44 of PB) 5. Balaji Stock consultant Pvt. 60,00,000 AADCB4719R

MUNDHRA CONSTRUCTION P LTD.,KOLKATA vs. ITO, WARD-10(2), KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Manish Borad, Accountant Member Shri Sonjoy Sarma (Judicial Member)

68 of the Act for which he placed I.T.A. No. 807/Kol/2024 Mundhra Construction Pvt. Ltd. reliance on the decision of Hon'ble Supreme Court in the case of CIT V. Orissa Corporation (P) Ltd. (1986) 159 ITR 78 (SC) wherein it was held as under: "In this case the assessee had given the names and addresses of the alleged creditors

M/S PREMIER IRRIGATION ADRITEC (P) LTD.,KOLKATA vs. ACIT, CIR-11(1), KOLKATA , KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Shri Sanjay Garg & Shri Girish Agrawal

172 ITR 1 a division Bench of thiscourt held that expression "tax" for the purposes of section 179 would includea penalty. The judgement of the Division Bench cannot now be reflective of thecorrect position in law in view of the judgment of the Supreme Court in HarshadShantilal Mehta case in so far as the aforesaid issue is concerned

DCIT, CIR-10, KOLKATA, KOLKATA vs. M/S VESUVIUS INDIA LTD., KOLKATA

In the result, the appeal of the Revenue is treated as partly allowed for statistical purposes

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

172, the assessee offered the interest on share application to tax under the Voluntary Disclosure of the Income Scheme (VDIS). As per the provisions of section 68 of the Finance Act, 1997 read with CBDT Instruction No. 754 dated 10.06.1997, the amount of such interest offered under VDIS was credited by the assessee-company to its Profit & Loss Account

TRIBHUVAN DEAL TRADE PVT. LTD.,KOLKATA vs. I.T.O.,WARD-9(1), KOLKATA

Bench: Sri Sanjay Garg & Dr. Manish Borad

section 68 of the Income Tax Act, 1961. 4. That the appellant craves leave to add, alter or delete all or any of the grounds of appeal.” 3. Brief facts of the case as culled out from the records are that assessee is a private limited company engaged in the business of investment in shares. Income

GARUD CREDIT & HOLDING PVT LTD,KOLKATA vs. I.T.O WD - 9(2),KOLKATA, KOLKATA

In the result, the appeal filed by the assessee is allowed

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No. 1270/Kol/2013 Assessment Year: 2009-2010 Garud Credit & Holding Pvt. Limited,.........Appellant D.J. Shah & Co., 2, Elgin Road, Kolkata-700020 [Pan: Aaacg9791P] -Vs.- Income Tax Officer,.................................Respondent Ward-9(2), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Veekaas S. Sharma, Ca, Appeared On Behalf Of The Assessee Shri P.P. Barman, Addl. Cit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : February 06, 2023 Date Of Pronouncing The Order : May 01, 2023 O R D E R

section 263 of the Act. The assesese placed reliance on plethora of judgments and the same are referred below:- S.No. Title CITATION AUTHORITY Following Page No. of LPP Argument:- Mandatory to issue notice u/s 143(2) CBDT Circular No.549 dated -- 1 31.10.1989 PCIT vs. Oberoi (2018) 409 ITR 132 The Hon’ble High Court of 2 – 6 Hotels