ITO, WARD - 3(3), KOLKATA , KOLKATA vs. M/S. C D STEEL PVT. LTD., , KOLKATA

Appeal is dismissed

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2013 14

68 but confirmed the addition by invoking Section 41(1) of the Act. On appeal the ITAT found that

ACIT,CIRCLE-36, KOLKATA, KOLKATA vs. M/S SOORAJMULL NAGARMULL, KOLKATA

Appeal is dismissed

Bench: Shri S.S.Godara & Shri, M. Balaganeshassessment Year :2001-02 Acit, Cicle-36, Aayakar V/S. M/S Soorajmull Nagarmull, Bhawan, Poorva, 8Th 8 B.B.D. Bag (East), Floor, 110, Shantipally, Kolkata-700001 Kolkata-107 [Pan No.Aaaab 0601 N] .. अपीलाथ" /Appellant ""यथ"/Respondent Md. Usman Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri Akkal Dudhwewal, Fca ""यथ" क" ओर से/By Respondent 26-06-2018 सुनवाई क" तार"ख/Date Of Hearing 20-07-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Revenue’S Appeal For Assessment Year 2001-02 Calls Into Question Correctness Of The Commissioner Of Income Tax (Appeals)-10, Kolkata’S Order Dated 08.07.2016, Passed In Case No.142/Cit(A)/10/Cir-36/15-16/Kol, Reversing Assessing Officer’S Action Invoking Section 41(1) After Treating The Assessee’S Liability Amount Of ₹12,97,47,322/- To Be A Case Of Cessation Of Liability Assessment Order Dated 30.03.2015, Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. 2. We Notice At The Outset That Cit(A)’S Detailed Discussion On The Above Sole Issue Of Cessation Of Liability U/S 41(1)(A) Of The Act Reads As Follows:- “06. Decision: 1. I Have Carefully Considered The Action Of The Ld.Ao In Adding An Amount Of Rs.12,97,47,322/- U/S. 441(1) Of The Income Tax Act, 1961, On Grounds That There Was A Cessation Of Liability On The Part Of The Assessee For The Impugned Amount & That Therefore It Would Constitute Part Of The Income Of The Assessee-Firm. It Is To Be Observed That This Is The 2Nd Round Of The Assessment Order For The A.Y 2001-02, And

68 but confirmed the addition by invoking Section 41(1) of the Act. On appeal the ITAT found that

INCOME TAX OFFICER-WARD-12(1), KOLKATA, KOLKATA vs. M/S STANDARD LEATHER PVT. LTD., KOLKATA

In the result, Revenue’s appeal stands dismissed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Years:2010-11

section 41(1) or 68 of the Act.:- (i) That the purchase of the hides from the sundry creditors

SINGHANIA & SONS (P) LTD,KOLKATA vs. ACIT, CIR. 10(2), KOLKATA

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

Bench: Shri P.M. Jagtap, Hon’Ble Vice-, Kz) Assessment Year: 2017-18 Singhania & Sons Pvt. Ltd…………...............................................................………………….............Appellant 3D, Duckback House 41, Shakespeare Sarani Kolkata – 700 017 [Pan : Aadcs 6078 A] Vs. Commissioner Of Income Tax (Appeals)- Nfac...............................................………..…......Respondent Appearances By: Shri Manoj Katarua, Advocate, Appeared On Behalf Of The Assessee. Shri Biswanath Das, Addl. Cit, D/R, Appearing On Behalf Of The Revenue.

68,583/- being employers' contribution under being employers' contribution under Section 43B of the Act. CIT(A) deleted the addition by holding that the assessee Section 43B of the Act. CIT(A) deleted the addition by holding that the assessee Section 43B of the Act. CIT(A) deleted the addition by holding that the assessee had made

ACIT, CIRCLE - 35, , KOLKATA vs. M/S. MACHINERY AGENCIES INDIA , KOLKATA

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

Section 68 of the Income Tax Act and consequently deleted the disallowance of Rs. 3,10,478/-, which was made with respect to interest and when the same has been confirmed by the ITAT, it cannot be said that ITAT has committed any error and/or illegality, which calls for the interference of this Court. In paragraph 11, ITAT

DCIT, CIR-10(1), KOLKATA, KOLKATA vs. PRABIR ROY CHOWDHURY, KOLKATA

In the result the appeal of the Revenue is dismissed and the CO of the assessee is partly

Bench: Sri Aby T.Varkey & Dr. A. L. Saini

41(1) of the Act, there is no cure for it. May be the said amount which is credited in the books of the assessee could attract Section 68

M/S ABHIJEET ENTERPRISE LTD.,KOLKATA vs. ITO, WARD 2(2), KOLKATA, KOLKATA

In the result the appeal of the assessee is allowed for statistical purpose

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

1, Kolkata for AY 2013-14dated 30.12.2016. 2. The main grievance of the assessee is against the action of Ld. CIT(A) in confirming the addition of Rs.3,862.36 crores by way of unexplained cash credit u/s. 68 of the Income- tax Act, 1961 (hereinafter referred to as the “Act”). 3. Brief facts of the case noted

M/S VENKATESWAR MEDICARE PVT. LTD.,KOLKATA vs. ITO, WARD 2(1), KOLKATA

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

Bench: Shri Rajesh Kumar, Am& Shri Sonjoy Sarma, Jm]

68 of the Act. The Ld. AR submitted that thus the assessment so was framed was invalid and non est for the want of jurisdiction. In defense of his arguments, the Ld. AR relied on the following decisions : (i) PCIT Vs. M/s. Shree Shoppers Ltd. in ITAT 39/2023 in IA No.GA/1/2023 dt. 15.03.2023; (ii) M/s. Shree Shoppers

M/S VENKATESWAR MEDICARE PVT. LTD.,ITO, WARD-2(1) vs. ITO, WARD-2(1), KOLKATA

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

Bench: Shri Rajesh Kumar, Am& Shri Sonjoy Sarma, Jm]

68 of the Act. The Ld. AR submitted that thus the assessment so was framed was invalid and non est for the want of jurisdiction. In defense of his arguments, the Ld. AR relied on the following decisions : (i) PCIT Vs. M/s. Shree Shoppers Ltd. in ITAT 39/2023 in IA No.GA/1/2023 dt. 15.03.2023; (ii) M/s. Shree Shoppers

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

In the result, the appeal of the Revenue is dismissed

sections": [ "68", "41(1)", "36(1)(ii)" ], "issues": "Whether the unsecured loans treated as unexplained cash credit by the AO under

EARTHBAGS EXPORT (P) LTD.,KOLKATA vs. ITO, WARD-4(4), KOLKATA

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

Bench: Shri A. T. Varkey, Jm]

68,583/- being employers' contribution under Section 43B of the Act. CIT(A) deleted the addition by holding that the assessee had made the payment before the due date" of filing of the return, which was a fact apparent from the record - that if the employees' contribution is not deposited by the due date prescribed under the relevant Acts

MANOJ SINGH,KOLKATA vs. DCIT, CIR-51, KOLKATA, KOLKATA

In the result, appeal filed by the assessee is allowed

Bench: Shri S.S.Viswanethra Ravi, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.455/Kol/2015 ("नधा"रण वष" /Assessment Year:2007-2008) Manoj Singh, Vs. Dcit, Cir-51/Kol, 47, B.T.Road, Uttarapan, Kolkata-700054 Khardah, 24 Pgs (N), Kolkata-700116 "थायी लेखा सं./जीआइआर सं./Pan/Gir No.: Altps 9206 J .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Assessee By : Shri V.N.Purohit, Advocate Revenue By : Shri Arvindam Bhattacharya, Jcit सुनवाई क" तार"ख / Date Of Hearing : 03/01/2017 घोषणा क" तार"ख/Date Of Pronouncement 20/01/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To The Assessment Year 2007-08, Is Directed Against The Order Passed By Ld. Commissioner Of Income Tax (Appeals)-15, Kolkata, In Appeal No.252/Cit(A)-15/14-15/Cir-51/Kol, Dated 23.02.2015, Which In Turn Arises Out Of An Order Passed By The Assessing Officer (Ao) Under Section 143(3) Of The Income Tax Act 1961, (In Short The ‘Act’), Dated 29.12.2009. 2. Brief Facts Of The Case Qua The Assessee Are That The Assessee Filed Its Return Of Income On 31.10.2007 Declaring Total Income Of Rs.8,97,213/- Asessee’S Case Was Selected For Scrutiny U/S.143(3) & The Ao Has Completed The Assessment U/S.143(3) Of The Act By Making The Addition On Account Of Remission Of Liability U/S.41(1) At Rs.9,00,690/-. The Assessee Runs A Transport Business Under The Name M/S Ma Kali The Name M/S Ma Kali Automobile. While Making The Assessment

section 41 (1) inserted by the Finance Act No. 2, 1996 with effect from 1-4-1997 was not applicable. However when the assessee claims to have paid the Sundry Creditors and when the A.O. has raised specific queries about the same, it was incumbent on the assessee to adduce evidence and to present the details before

BHUTORIA ELECTRICALS PVT. LTD.,,KOLKATA vs. ITO, WARD - 7(4), KOLKATA, KOLKATA

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And "ी एम .बालागणेश, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Shri M. Balaganesh, Am] I.T.A. No. 2024/Kol/2017 Assessment Year: 2012-13

41,40,000 Pvt. Ltd. NO,310, 41A, AJC Bose Road, Kolkata-700017 4. Palak Projects Pvt. Ltd. Diamond Prestige, Room AAECP8098E 31,50,000 NO,310, 41A, AJC Bose Road, Kolkata-7000 17 5. Tolasaria Viniyog Pvt. Ltd. Diamond Prestige, Room AAACT9756F 85,60,000 NO,310, 41A, AJC Bose Road, Kolkata-700017 6. Abhishek Rungta HUF Diamond Prestige

EIH LIMITED,KOLKATA vs. DCIT, CIR-8(1)KOL., KOLKATA

In the result, assessee’s appeal stands partly allowed for statistical purpose

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2012-13 Eih Ltd V/S. Dcit, Circle-8(1), 4, Mangoe Lane, Aayakar Bhawan, P-7, Kolkata-700 001 Chowringhee Square, [Pan No.Aaace 6898 B] Kolkata-69 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Ravi Sharma, Ar अपीलाथ" क" ओर से/By Appellant Shri P.K. Srihari, Cit-Dr ""यथ" क" ओर से/By Respondent 27-02-2018 सुनवाई क" तार"ख/Date Of Hearing 16-05-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Assessee Is Directed Against The Order Of Dispute Resolution Panel-2, (Drp For Short) Dated 17.10.2016. Assessment Was Framed By Dcit, Circle-8(1), Kolkata U/S 144C(13)/143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 29.11.2016 For Assessment Year 2012-13 & Grounds Raised By Assessee Read As Under:- “1.0 Determination Of Arm'S Length Price For Corporate Guarantee Fees 1.1 On The Facts & In The Circumstances Of The Case & In Law, The Learned Transfer Pricing Officer (Hereinafter Referred To As "Ld, Tpo") & Accordingly Learned Assessing Officer (Hereinafter Referred To As "Ld. Ao") Erred In Treating The Corporate Guarantee Extended By The Appellant To Its Associated Enterprise (Ae) As International Transaction & Dispute Resolution Panel (Hereinafter Referred To As "Ld, Panel") Erred In Confirming The Same As An International Transaction Without Appreciating The Fact That It Does Not Fall Within The Ambit Of "International Transaction" U/S 92B Of The Act. 1.2 The Ld.Ao/Tpo & The Ld. Panel Failed To Appreciate The Fact That Corporate Guarantee Has Been Advanced By The Appellant As A Matter Of Commercial Prudence To Protect The Business Interest Of The Group By Fulfilling

41 taxmann.com 237/221 Taxman 423 ii) CIT vs. Assam Petroleum Industries (P) Ltd. [2003] 262 ITR 587/131 Taxman 699 (Gau) ITA No.117/Kol/2017 A.Y. 2012-13 EIH Ltd. Vs. DCIT, Cir-8(1), Kol. Page 28 4. We are also informed that against the aforesaid judgments no appeal has been filed. 5. In view of the foregoing, we do not find

M/S EVERSAFE SECURITIES PVT. LTD.,KOLKATA vs. I.T.O., WARD-5(3), KOLKATA

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey)

68 of the Act. The assessee carried the matter in appeal. The first appellate authority passed an ex-parte order and confirmed the order of the AO. 3. Aggrieved, the assessee is in appeal before us. 2 I.T.A. No. 604/Kol/2020 Assessment Year: 2012-13 M/s. Eversafe Securities Pvt. Ltd. 4. The ld. Counsel for the assessee submitted that

BIRENDRANATH SAMANTA,BURDWAN vs. ACIT, CIR-2, BURDWAN, BURDWAN

In the result, appeal of the assessee is allowed

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 227/Kol/2023 Assessment Year: 2015-16 Birendra Nath Samanta Assistant Commissioner Of Anandapally, Sripally Vs Income Tax, Cirlce-2, Burdwan Burdwan - 713103 [Pan : Akaps8240C] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S.K. Tulsiyan, Advocate & Ms. Puja Somani, C.A. Revenue By : Shri Vijay Kumar, Addl. Cit सुनवाई क" तारीख/Date Of Hearing : 08/05/2023 घोषणा क" तारीख /Date Of Pronouncement: 06/06/2023 आदेश/O R D E R Per Dr. Manish Borad: This Is An Appeal Preferred By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To As The Ld. Cit(A)”], Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter The ‘Act’), Dated 12/05/2022 For The Assessment Year 2015-16. 2. The Registry Has Pointed Out That There Is A Delay Of 253 Days In Filing Of This Appeal. In The Condonation Application, The Assessee Stated That An Affidavit & An Application Has Been Filed Wherein It Has Been Submitted That The Impugned Order Was Passed On 12/05/2022 By The National Faceless Appeal Centre (Nfac), Delhi, Dismissing The Assessee’S Appeal Ex-Parte. The Said Appellate Order Was Sent Through E- Mail At Debudan1975@Gmail.Com, Which Belonged To Shri Debabrata Dan, A Resident Of Burdwan & Looking After The Income Tax Matters

68 and ought to have invoked the provision of Section 41(1) of the Act, regarding the remission or cessation

M/S BALMER LAWRIES & CO. LTD.,KOLKATA vs. INCOME TAX OFFICER(IT) WD-1(1), KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

Bench: Shri Mahavir Singh & Shri Waseem Ahmedassessment Year :2012-13 M/S Balmer Lawrie & Co. V/S. Income Tax Officer Ltd., 21, N.S.Road, (International Taxation), Kolkata-700 001 Ward-1(1), Aayakar [Pan No. Aabcb 0984 E] Bhawan (Poorva), 2Nd Floor, R. No.215, 110, Shanti Pally, Kolkata- 700 107 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri M.K.Poddar, Sr-Advocate अपीलाथ" क" ओर से/By Appellant Shri C.P.Bhatia, Jcit-Dr ""यथ" क" ओर से/By Respondent 18-02-2016 सुनवाई क" तार"ख/Date Of Hearing 27-04-2016 घोषणा क" तार"ख/Date Of Pronouncement

68 SOT 184 (Bang). 8. Therefore, the law is by now well settled that there is no requirement to deduct any tax at source if the amount paid to non-resident is not chargeable to tax in India. Reliance in this connection is placed inter alia on the decision of the Hon’ble Delhi High Court in Van Oord

A.C.I.T., CIRCLE-26(1), KOLKATA vs. SHRI DEBASHIS ROY, KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Rajesh Kumar, Hon’Blei.T.A. No. 226/Kol/2019 Assessment Year: 2015-16 Asstt. Commissioner Of Income, Shri Debashis Roy Circle – 26(1), Kolkata Vill – Vijayganj Bazar Vs P.O. Bhangar 24, Paraganas (South) P.S. Kashipur Pin - 743502 Pan : Aoppr3859H अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S.K. Tulsiyan, Advocate & Ms. Puja Somani, A/R Revenue By : Shri Ranu Biswas, Addl. Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 07/09/2022 घोषणा क" तारीख /Date Of Pronouncement: 09/11/2022 आदेश/O R D E R Per Shri Rajesh Kumar: The Present Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals) – 7, Kolkata (Hereinafter The “Ld. Cit(A)”) Dt. 19/11/2018, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2015-16. 2. The Issue Raised In Ground Nos. 1 & 2 Is Against The Deletion Of An Addition Of Rs. 4,19,07,168/- By The Ld. Cit(A) Which Was Added By The Assessing Officer U/S 68 Of The Act To The Income Of The Assesse On Account Of Unexplained Cash Credit Received During The Year.

68 of the Act. The ld. A/R argued that at the most, the Assessing Officer could have invoked Section 41(1