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

68[such book profit shall be deemed to be the total income of the assessee and the tax payable by the assessee on such total income shall be the amount of income-tax at the rate of seven and one-half per cent]. (2)------------ Explanation.—For the purposes of this section, “book profit” means the net profit as shown

ACIT, CIRCLE - 7, KOLKATA vs. VODAFONE ESSAR EAST LTD., KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

68[such book profit shall be deemed to be the total income of the assessee and the tax payable by the assessee on such total income shall be the amount of income-tax at the rate of seven and one-half per cent]. (2)------------ Explanation.—For the purposes of this section, “book profit” means the net profit as shown

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

68[such book profit shall be deemed to be the total income of the assessee and the tax payable by the assessee on such total income shall be the amount of income-tax at the rate of seven and one-half per cent]. (2)------------ Explanation.—For the purposes of this section, “book profit” means the net profit as shown

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

68[such book profit shall be deemed to be the total income of the assessee and the tax payable by the assessee on such total income shall be the amount of income-tax at the rate of seven and one-half per cent]. (2)------------ Explanation.—For the purposes of this section, “book profit” means the net profit as shown

M/S VODAFONE EAST LIMITED (FORMERLY KNOWN AS VODAFONE ESSAR EAST LIMITED),KOLKATA vs. ACIT, CIR-7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

68[such book profit shall be deemed to be the total income of the assessee and the tax payable by the assessee on such total income shall be the amount of income-tax at the rate of seven and one-half per cent]. (2)------------ Explanation.—For the purposes of this section, “book profit” means the net profit as shown

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

68[such book profit shall be deemed to be the total income of the assessee and the tax payable by the assessee on such total income shall be the amount of income-tax at the rate of seven and one-half per cent]. (2)------------ Explanation.—For the purposes of this section, “book profit” means the net profit as shown

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

68[such book profit shall be deemed to be the total income of the assessee and the tax payable by the assessee on such total income shall be the amount of income-tax at the rate of seven and one-half per cent]. (2)------------ Explanation.—For the purposes of this section, “book profit” means the net profit as shown

DCIT, CIR-10(1), KOLKATA, KOLKATA vs. M/S. LUCKY GOLD STAR COMPANY LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

40A(2). ii. That on the fact and circumstance of the case, the Ld. CIT(A) has erred in deleting the addition of Rs.46,80,089/- on account of wrong appreciation of facts ignoring the provisions of section 73. iii. That on the fact and circumstance of the case, the Ld. CIT(A) erred in law in deleting

DCIT, CIR-10(1), KOLKATA, KOLKATA vs. M/S. LUCKY GOLD STAR COMPANY LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

40A(2). ii. That on the fact and circumstance of the case, the Ld. CIT(A) has erred in deleting the addition of Rs.46,80,089/- on account of wrong appreciation of facts ignoring the provisions of section 73. iii. That on the fact and circumstance of the case, the Ld. CIT(A) erred in law in deleting

M/S MRINALINI BIRI MANUFACTURING CO.,KOLKATA vs. D.C.I.T.,CIRCLE-8(1), KOLKATA

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

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.85/Kol/2020 ("नधा"रणवष" / Assessment Year:2012-13)

2) of Part C of the Fourth Schedule of the Act. Thus, AO was of the view that in the assessee`s case, the contribution is made to an unapproved Gratuity Fund, therefore deduction u/s 36(1)(v) of the Act cannot be claimed. Accordingly, deduction on account of contribution to Gratuity fund amounting to Rs.4,68,092/- claimed

M/S EXCEL ENGINEERS,KOLKATA vs. J.C.I.T (OSD) CIR - 51,KOLKATA., KOLKATA

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

Bench: Shri M. Balaganesh, Am & Shri S. S. Viswanethra Ravi, Jm]

68,49,395/- in the assessment. 2 Excel Engineers, AY 2009-10 2.2. Before the ld CITA, the assessee submitted various details as additional evidences in respect of the aforesaid two expenditures. It was stated that these documents were produced before the ld AO in the form of site wise chart, nature of work

ANJALI JEWELLERS PVT. LTD.,KOLKATA vs. CIT, KOLKATA-IV, KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

Bench: Shri Mahavir Singh & Shri Waseem Ahmedassessment Year :2010-11

40A(2)(b) and addition on suppression of profit in the hands of assessee is to be considered. e) Examine the loss of gold of 72.09 kg worth Rs.10,87,26,931.99 by calling for the details of evidences of different types of ornaments actually manufactured. Examination of the parties / Kariganrs is to be made their receipts including gold

D.C.I.T CIR - 3,KOLATA, KOLKATA vs. M/S MANTORA OIL PRODUCTS LTD, KOLKATA

In the result, assessee’s appeal stands allowed

Bench: Shri Mahavir Singh & Shri Waseem Ahmedassessment Year :2010-11

40A(2)(b) and addition on suppression of profit in the hands of assessee is to be considered. e) Examine the loss of gold of 72.09 kg worth Rs.10,87,26,931.99 by calling for the details of evidences of different types of ornaments actually manufactured. Examination of the parties / Kariganrs is to be made their receipts including gold

MANISH CHAND AGARWAL,KOLKATA vs. ACIT, CIR. 40, KOLKATA, KOLKATA

In the result, both the appeal of the assessee are allowed

Bench: Sri J. Sudhakar Reddy& Sri Aby T. Varkey] I.T.A. No. 371/Kol/2017 Assessment Year: 2011-12 & I.T.A. No. 372/Kol/2017 Assessment Year: 2012-13

40A(2)(a) runs as under:- 17 I.T.A. No. 371/Kol/2017 Assessment Year: 2011-12 & I.T.A. No. 372/Kol/2017 Assessment Year: 2012-13 Manish Chand Agarwal "(2)(a) Where the assessee incurs any expenditure in respect of which payment has been or is to be made to any person referred to in clause (b) of this sub-section, and the (Assessing

MANISH CHAND AGARWAL,KOLKATA vs. ACIT, CIR. 40, KOLKATA, KOLKATA

In the result, both the appeal of the assessee are allowed

Bench: Sri J. Sudhakar Reddy& Sri Aby T. Varkey] I.T.A. No. 371/Kol/2017 Assessment Year: 2011-12 & I.T.A. No. 372/Kol/2017 Assessment Year: 2012-13

40A(2)(a) runs as under:- 17 I.T.A. No. 371/Kol/2017 Assessment Year: 2011-12 & I.T.A. No. 372/Kol/2017 Assessment Year: 2012-13 Manish Chand Agarwal "(2)(a) Where the assessee incurs any expenditure in respect of which payment has been or is to be made to any person referred to in clause (b) of this sub-section, and the (Assessing

ALISHAN STEELS (P)LTD,KOLKATA vs. DCIT, CIRCLE-1(1), KOLKATA

In the result, both the appeals of the assessee are partly allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawal

68 of the Act. In appeal for AY 2011-12 in ITA No. Alishan Steels Pvt. Ltd., AYs 2011-12 & 2015-16 999/Kol/2023 ground nos. 1, 2 and 3 are not pressed. Accordingly, these three grounds are dismissed as not pressed. 3. In appeal for AY 2015-16 in ITA No. 1001/Kol/2023 ground nos. 1, 2

ALISHAN STEELS PVT. LTD,KOLKATA vs. DCIT, CIRCLE-1(1), KOLKATA

In the result, both the appeals of the assessee are partly allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawal

68 of the Act. In appeal for AY 2011-12 in ITA No. Alishan Steels Pvt. Ltd., AYs 2011-12 & 2015-16 999/Kol/2023 ground nos. 1, 2 and 3 are not pressed. Accordingly, these three grounds are dismissed as not pressed. 3. In appeal for AY 2015-16 in ITA No. 1001/Kol/2023 ground nos. 1, 2

M/S BIRGIRI C. S. SHOP,PURULIA vs. ITO, WD-3(2), PURULIA, PURULIA

In the result, the appeal of assesse is partly allowed

section (1) shall exercise the same unless or until he has received a license in that behalf from the Collector or the Excise Commissioner. Hence it could be safely concluded that M/s Asansol Bottling & Packaging Co. Pvt Ltd (Bottling Plant) is a warehouse within the meaning of Rule 2(vii) of the Excise Rules 2005 and said warehouse