NEZONE TUBES LIMITED,KOLKATA vs. DCIT, CIRCLE 1(1), KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

C’ BENCH, KOLKATA Before SHRI GEORGE MATHAN, JUDICIAL MEMBER & SHRI RAKESH MISHRA, ACCOUNTANT MEMBER ITA Nos.: 179 & 180/KOL/2025 Assessment Years: 2011-12 & 2015-16 Nezone Tubes Limited DCIT, Circle-1(1), Kolkata Vs. (Appellant) (Respondent) PAN: AABCN2550L Appearances: Assessee represented by : Miraj D. Shah, AR. Department represented by : Manoj Kumar Pati, Addl. CIT. Date of concluding the hearing : 16-October

DCIT, CIRCLE-2, , ASANSOL vs. M/S. DIAMOND BOTTLING PLANT COMPANY, KOLKATA

Appeal is dismissed

Bench: Shri P.M. Jagtap, V.P & Shri S. S. Godara, Jm आयकर अपीलसं./I.T.A No.894/Kol/2019 ("नधा"रण वष" / Assessment Year: 2012-13) Dcit, Circle-2, Asansol Vs. M/S Diamond Bottling Plant Company C/O. S.N. Ghosh & Associates, Seven Brothers Lodge, P.O-Buroshibtala, P.S- Chinsurah, Hooghly, - 712105. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaefd5674R (Appellant) .. (Respondent) Appellant By : Smt. Ranu Biswas, Sr. Dr Respondent By : Shri S.M. Surana, Advocate सुनवाई क" तार"ख/ Date Of Hearing : 11/12/2019 घोषणा क" तार"ख/Date Of Pronouncement : 31/12/2019 आदेश / O R D E R Per Shri S. S. Godara: This Revenue’S Appeal For Assessment Year 2012-13 Arises Against The Commissioner Of Income Tax (A), Asansol Dated 30.01.2019 Passed In Case No.58/Cit(A)/Asl/Dcit/Cir-2/Asl/15-16 Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. The Revenue’S Sole Substantive Grievance Seeks To Revive Assessing Officer’S Action Treating Assessee’S Loans Of Rs.11,85,00,000/- As Unexplained Cash Credits U/S 68 Which Has Been Reversed To The Extent Of Rs.5,26,50,251/- In The Cit(A)’S Order. Its Case Accordingly Is That The Assessing Officer Had Rightly Added The Assessee’S Total Loan Amount Of Rs. 11,85,00,000/- Raised From Four Entities M/S Diamond Carbon Pvt. Ltd., M/S Mukherjee Capital Pvt. Ltd., M/S Wimper Trading & Distributors Pvt. Ltd. & M/S Mukherjee Farms Pvt. Ltd.

251/- in the CIT(A)’s order. Its case accordingly is that the Assessing Officer had rightly added the assessee’s total loan amount of Rs. 11,85,00,000/- raised from four entities M/s Diamond Carbon Pvt. Ltd., M/s Mukherjee Capital Pvt. Ltd., M/s Wimper Trading and Distributors Pvt. Ltd. and M/s Mukherjee Farms Pvt. Ltd. I.T.A No.894/Kol/2019

SRI DEO KUMAR SARAF,KOLKATA vs. ACIT, CIRCLE-49, KOLKATA, KOLKATA

In the result, the appeal of assessee is allowed

Bench: Shri Mahavir Singh, Jm & Shri Waseem Ahmed, Am]

section 14A of the Act read with rule 8D of the I. T. Rules, 1962. The AO computed the disallowance only on the basis of audit report in Form No. 3CB and 3CD filed along with return of income. The assessee has not contested this addition of disallowance of expenses of Rs.3,01,590/- and assessment to the same

ITO, WARD - 13(2), KOLKATA, KOLKATA vs. M/S. GOURI NANDAN REAL ESTATE PVT. LTD.,, HOWRAH

In the result, we uphold the same and dismiss the appeal of the Revenue

Bench: Shri J. Sudhakar Reddy & Shri S.S. Godara]

C. Moitra, the learned advocate for the Revenue, reiterated the grounds on which the Tribunal has affirmed the addition of the amount of Rs.11.20 lakhs as unexplained cash credit. He particularly emphasised that the assessee's contention that the entries are only adjustment entries is not acceptable, because the adjustment entries are not made through the cash book

M/S AB (WINES) STORES,KOLKATA vs. PCIT, KOLKATA-14, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Hon’Ble Sri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No.901/Kol/2016 Assessment Year : 2011-12 M/S. Ab (Wines) Stores -Vs.- Pr. C.I.T., Kolkata-14 Kolkata Kolkata [Pan : Aajfa 6312 L] (Respondent) (Appellant) For The Appellant : Shri S.K.Tulsiyan, Advocate For The Respondent : Shri R.S.Biswas, Cit Date Of Hearing : 15.06.2017. Date Of Pronouncement : 07.07.2017 Order

68,521/- was on account of Tax Collected at Source (TCS) by the creditor not considered by the assessee in its books. However, such non-consideration of purchases has not resulted in any loss of tax to the revenue and hence the same cannot be said to be prejudicial to the interest of the revenue. Infact it had only resulted

ASSISTANTCOMMISSIONEROF INCOMETAX,CENTRAL CIRCLE-3(2),KOLKATA, AAYAKAR BHAWAN POORVA vs. M/S. ANUBANDH FINANCIAL SERVICES PRIVATE LIMITED, KOLKATA

In the result, both the appeal filed by the Revenue as well as the Cross Objections filed by the assessee are partly allowed for statistical purposes

Bench: Shri George Mathan & Shri Rakesh Mishra

c) relating to the assessment proceeding being bad-in-law having been done on invalid Notice and the assessment thereof is liable to be quashed and annulled. 3. For that the appellant craves leave to amend, alter, modify, substitute, add to, abridge and/or rescind any or all of the above grounds.” 4. Brief facts of the case are that

D.C.I.T., CC-4(4), KOLKATA, KOLKATA vs. GALLON COMMODITIES PVT. LTD., KOLKATA

In the result, appeal of the revenue is dismissed

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2011-12

68,95,974/- was disclosed in the case of the assessee company for the relevant year. Further, the instant case was reopened u/s 147. Ld. A/R of the assessee filed all the relevant details and documents as required. Assessment was completed accordingly determining Nil income. 3.1. Ld. AO also initiated penalty proceedings u/s 271(1)(c

L B SAREE EMPORIUM,KOLKATA vs. ACIT, CIR. 43, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Dr. Manish Borad (Accountant Member), Shri Pradip Kumar Choubey (Judicial Member)

c). Murari Lal Bharatiya- Rs.10,00,000/- From the record, we find that details are placed at pages 37 & 38 of the paper book. He is regularly assessed to tax and considerable income of Rs.14,53,140/- is declared. Loan confirmation letter is filed along with the copy of bank statement. Considering the income declared by the cash creditor

ITO, WD-2(1), SILIGURI, DARJEELING vs. M/S MEGASUN MERCHANTS PVT. LTD., SILIGURI

Bench: Shri A.T.Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1038/Kol/2015 ("नधा"रणवष" / Assessment Year:2012-13)

c ).Natural Suppliers (P) Ltd.In response to notices u/s 133(6),this company had confirmed the transactions and provided the following documents to the assessing officer: (i)Return of income, (ii)Audited balance sheets, profit and loss account and annexures to the financial statements. (iii). Bank statements of share subscribing companies, evidencing the payment made to assessee company. (iv). Amount

PROVASH ADHIKARI,KOLKATA vs. ITO, WARD 46(4), KOLKATA

In the result, the appeal is allowed for statistical purposes

Bench: Sonjoy Sarma & Sri Rakesh Mishra

68. 7. The appellant craves leave to add further grounds of appeal or alter the grounds at the time of hearing. 2. The brief facts of the case of the assessee as mentioned in the order of the Ld. CIT(A) are as under: “The assessee filed his return showing a total income of Rs.2,43,444/-. The matter

DIAMOND TRADECOM PRIVATE LTD.,MAHARASHTRA vs. NATIONAL FACELESS APPEAL CENTRE (NFAC), DELHI

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri George Mathan & Shri Rakesh Mishra

68 of the Income Tax Act, 1961. 2. The Ld. CIT(A) erred in initiating penalty 271(1)(b) of the act. I.T.A. No.: 1389/KOL/2023 Assessment Year: 2009-10 Diamond Tradecom Private Ltd. 3. The Ld. CIT(A) erred in initiating penalty 271(1)(c) of the act. 4. The appellant craves leave to add further grounds or to amend

M/S. POSITIVE VYAPAAR PVT. LTD.,KOLKATA vs. I.T.O., WARD - 9(1), KOLKATA

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Sh. George Mathan & Sh. Rakesh Mishra

C’ BENCH, KOLKATA श्री जॉजज माथान, न्याधयक सदस्य एवं श्री राकेश धमश्रा, लेखा सदस्य के समक्ष Before SH. GEORGE MATHAN, JUDICIAL MEMBER & SH. RAKESH MISHRA, ACCOUNTANT MEMBER I.T.A. No.: 2492/KOL/2024 Assessment Year: 2012-13 M/s. Positive Vyapaar Pvt. Ltd. I.T.O., Ward-9(1), Kolkata Vs. (Appellant) (Respondent) PAN: AADCP6325M Appearances: Assessee represented by : Abhishek Bansal, AR. Department represented by : Bonnine

TEJAS TRANSCOM (P) LTD.,BURDWAN WEST vs. I.T.O., WARD - 1(2), DURGAPUR, DURGAPUR

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Year: 2010-11

68 of the Act for an amount of Rs. 69,17,000/-, and Ground No. 8 related to the addition of Rs. 10,23,120/- on account of unverified sundry creditors. No statement of facts has been filed along with the appeal memo. However, the same as filed before the Ld. CIT(A) has been culled out from Form

UNISYS SOFTWARES AND HOLDING IND. LTD.,KOLKATA vs. DCIT, CIR. 8(2), KOLKATA

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2011-12

68 of the IT Act 1961 on the grounds of unexplained cash credit which is not correct. For that the observation and contention of the L d. Assessing Officer in completing the assessment by making arbitrary disallowance and addition under the head unexplained cash credit is not correct. 2.General: For that the appellant craves leave to adduce, modify

ARPAN SECURITIES PVT. LTD.,KOLKATA vs. ITO, WARD-4(1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 152/Kol/2022 Assessment Year: 2012-2013 Arpan Securities Pvt. Limited,................Appellant 14C, M.D. Road, 4Th Floor, Kolkata-700007 [Pan: Aajca9130H] -Vs.- Income Tax Officer,..............................Respondent Ward-4(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069

c) where any other referred to in this sub- section and passed by the Assessing Officer had been the subject matter of any appeal filed on or before or after the 1st day of June, 1988, the powers of the Principal Commissioner or Commissioner under this sub-section shall extend and shall be deemed always to have extended

ADIDARSHAN TRADEWING PRIVATE LIMITED,KOLKATA vs. I.T.O., WARD - 12(2), KOLKATA, KOLKATA

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

68 of the I. T. Act, 1961 towards additions made for share capital of Rs. 48,470/- and share premium of Rs. 4,84,21,530/- which is without proper basis, reason or justification. 4. That in the facts and circumstances of the case, the CIT(A) erred in confirming the actions of the Ld. Assessing Officer in charging interest

THE W.B STATE CO-OP AGRI AND RURAL DEVELOPMENT BANK LIMITED,KOLKATA vs. ACIT,CIR-32/ KOLKATA. , KOLKATA

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2017-18 The W.B. State Co-Op. Agri & Assistant Commissioner Of Rural Development Bank Ltd. Income-Tax, Circle-32, Vs 25D, Shakespeare Sarani, Kolkata. Kolkata-700017. (Pan: Aaajt0468K) (Appellant) (Respondent)

C” BENCH KOLKATA BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND SHRI RAKESH MISHRA, ACCOUNTANT MEMBER Assessment Year: 2017-18 The W.B. State Co-op. Agri & Assistant Commissioner of Rural Development Bank Ltd. Income-tax, Circle-32, Vs 25D, Shakespeare Sarani, Kolkata. Kolkata-700017. (PAN: AAAJT0468K) (Appellant) (Respondent) Present for: Appellant by : Shri Palas Chattopadhya, AR Respondent by : Shri Sailen Samadder

STARPOINT VINIMAY PRIVATE LIMITED,KOLKATA vs. ASST COMMISSIONER OF INCOME TAX (OSD) WARD-1(1), , KOLKATA

In the result, the appeal of the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

C. The order of NFAC dated 31/5/2023 was not received on the email id bhagwati industrieswhotinuil.com which was mentioned in Form No 35. D. The Applicant through his new Chartered Accountant visited the income tax portal between 15/2/2024 to 20/2/2024 for the purposes of Vivaad Se Vishwaas and discovered that the order of NFAC dated 31/5/2023 was uploaded