Section 250 of the Income Tax Act

Sushma Devi Bihani, Kolkata vs. Assessing Officer, Delhi

In the result, appeal of the assessee is allowed

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 878/Kol/2023 Assessment Year: 2014-15 Sushma Devi Bihani Assessing Officer, Nfac, 18/1B, Hindustan Road Vs Delhi Gariahat Kolkata - 700029 [Pan : Aeopb5488B] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri B.K. Agarwal, A/R Revenue By : Shri Sallong Yaden, Addl. Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 17/10/2023 घोषणा क" तारीख /Date Of Pronouncement: 16/11/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 28/06/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2014-15. 2. Sole Grievance Of The Assessee Is That The Ld. Cit(A) Erred In Confirming The Penalty U/S 271B Of The Act At Rs. 82,885/- Levied By The Assessing Officer For Not Getting The Books Of Accounts Audited U/S 44Ab Of The Act. 3. At The Outset, The Ld. Counsel For The Assessee Submitted That The Turnover Of The Assessee Is Only Rs. 65,42,350/- & The Same Is Duly Supported By The Contract Notes & It Is Not The Case Of The Totaling Of Favourable & Unfavorable Difference Of The Transactions Carried Out During The Period But, In All Six Transaction Of Purchase & Six

Skp Securities Ltd., Kolkata vs. DCIT, C.C-2(2), Kol, Kolkata

In the result, the appeal of the assessee stands allowed

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.611/Kol/2023 Assessment Year: 2014-15 Skp Securities Ltd……………...................................................……Appellant 33A, J L Nehru Road, Park Street, Kolkata. [Pan: Aaecs3847A] Vs. Dcit, C.C-2(2), Kolkata................................……........……...…..…..Respondent Appearances By: Shri Akshay Ringasia, Ar, Appeared On Behalf Of The Appellant. Shri B. K. Singh, Jcit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 04, 2023 Date Of Pronouncing The Order : November 16, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 22.03.2023 Of The National Faceless Appeal Centre (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. That The Ld. Lower Authorities Erred In Law & In Fact By Making An Addition Of Inr 1,00,270 Under Section 14A When The Assessee Had Sufficient Fund To Make Investment Out Of Own Funds. 2. That The Ld. Lower Authorities Erred In Law & In Fact By Making An Addition Of Inr 1,00,270 Under Section 14A When The Assessee Did Not Earn Any Exempted Income In The First Place.

M/S. Everyday Commercial Pvt. Ltd., Rajasthan vs. ITO, Ward - 2(2), Kolkata

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 301/Kol/2023 Assessment Year: 2018-19 M/S. Everyday Commercial Pvt. Ltd. Income Tax Officer, Ward – House No. 3, Chawla Colony Vs 2(1), Kolkata Near Toll Tax Behind Power House Sikar Road, Tatiyawas Jaipur - 302019 [Pan : Aabce0994P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Miraj D. Shah, A/R Revenue By : Shri P.P. Barman, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 26/09/2023 घोषणा क" तारीख /Date Of Pronouncement: 16/11/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 02/02/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2018-19. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. That The Order U/S 250 Is Bad In Law As Well As On Facts Of The Case. 2. That The Hon'Ble Cit, Nfac Erred In Law As Well As On Facts Of The By Confirming The Addition In Respect Of Rental Income Of Rs 1,80,000/- By Treating The Same As Income From Other Sources. 3. That The Hon'Ble Cit, Nfac Erred In Law As Well As On Facts Of The Case By Confirming The Disallowance In Respect Of Interest On Borrowed Capital Of Rs 24,99,064/-Which Was Claimed U/S 24(B) Under The Head Of Income From House Property By The Assessee 4. That The Appellant Craves To Leave, Add, Amend Or Adduce Any Of The Grounds Of Appeal During The Course Of Assessment Proceedings.”

M/S. Abhilasha Exports Pvt. Ltd., Kolkata vs. I.T.O., Ward - 15(1), Kolkata

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

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 73/Kol/2023 Assessment Year: 2011-12 M/S. Abhilasha Exports Pvt. Ltd. Income Tax Officer, Ward- C/O M/S. Salarpuria Jajodia & Co. Vs 15(1), Kolkata 7, C.R. Avenue 3Rd Floor Kolkata - 700072 [Pan : Aahca5909J] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : None Revenue By : Shri Abhijit Kundu, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 25/09/2023 घोषणा क" तारीख /Date Of Pronouncement: 15/11/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 29/12/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2011-12. 2. When The Assessee Was Called For, None Appeared On Behalf Of The Assessee. Perusal Of The Record Indicates That In The Past, Shri Siddharth Jhajharia, Was Appearing As Authorised Representative But Vide Letter Dt. 25/09/2023, He Submitted That Due To Some Unavoidable Reasons, He Intends To Withdraw His Power & Has Informed The Assessee Company To Collect The No Objection From Him. We Also Observe That During The Course Hearing Before The Ld. Cit(A), Assessee Failed To Appear On Various Dates Of Hearing & Ld. Cit(A) Framed An 2

M/S. Colour Realtors Pvt. Ltd., Kolkata vs. I.T.O., Ward - 2(2), Kolkata

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

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 31/Kol/2023 Assessment Year: 2013-14 M/S. Colour Realtors Private Limited Income Tax Officer, Ward- 85, Bentick Street Vs 2(2), Kolkata 5Th Floor Kolkata - 700001 [Pan : Aadcc9668G] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri K.M. Roy, A/R Revenue By : Shri S. Datta, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 06/09/2023 घोषणा क" तारीख /Date Of Pronouncement: 15/11/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 16/11/2022, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2013-14. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. For That The Order Of The Ld Cit(A) Is Unjustified & Bad In Law As Ld Cit(A) Has Failed To Fulfil Its Statutory Obligations By Not Considering The Facts & Merits Of The Case While Disposing Off The Appeal. 2. For That The Ld Cit(A) Has Erred In Passing The Order Without Giving Any Opportunity To The Assessee For Making Its Submission & Also Failed To Serve The Notices On The Assessee Since No Intimation Of The Notices Was Sent To Assessee Over E-Mail Or Sms. 3. For That Ld. Ao Erred In Treating The Genuine Purchases Of The Assessee As Bogus & Making Addition Of Rs. 49,26,85,000 As Bogus Purchase U/S 68. For That Ld. Ao Erred In Treating The Amount Of Sundry Creditors Of Rs. 14,16,17,433 As Unexplained Cash Credit U/S 68. 4. For That Ld. Ao Erred In Invoking The Provisions Of Section 14A Read With Rule 8D Of The Income Tax Act, 1961 & In Disallowing An Amount Of Rs. 22,150. 5. For That The Appellant Craves Leaves To Add, Alter Or Amend Any Ground Before Or At The Time Of Hearing.”