TWENTY FIRST CENTURY INDIA LTD.,,KOLKATA vs. DCIT, CENTRAL CIRCLE 4(3),, KOLKATA

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘D’ BENCH AT KOLKATA Before SHRI GEORGE MATHAN, JUDICIAL MEMBER & SHRI RAKESH MISHRA, ACCOUNTANT MEMBER ITA No(s). 1167/KOL/2026 Assessment Year(s) 2011-12 Twenty First Century India Ltd. DCIT, Central Circle-4(3), Vs. Kolkata (Appellant) (Respondent) PAN: AAACT4735A Appearances: Assessee represented by : A.K. Tibriwal, FCA and Saurabh Gupta, FCA. Department represented by : Sanat Kumar Raha, CIT(DR). Date of concluding the hearing : 06.07.2026 Date of pronouncing the order : 14.07.2026 ORDER PER RAKESH MISHRA, ACCOUNTANT MEMBER: This appeal filed by the assessee is against the order of the Commissioner of Income Tax (Appeals)-27, Kolkata [hereinafter referred to as Ld. 'CIT(A)'] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') for AY 2011-12 dated 09.01.2026. 2. The assessee is in appeal before the Tribunal raising the following grounds of appeal: "1. That on the facts and in the circumstances of the case and in law, the Ld. Commissioner of Income Tax (Appeals) erred in upholding the validity of the reassessment proceedings initiated by the Assessing Officer u/s 147 of the Income Tax Act, 1961 ('the Act'), which are bad in law, void ab-initio, and without jurisdiction. 2. That the Ld. CIT(A) erred in not appreciating that the reasons recorded for reopening the assessment were vague, incorrect and based on borrowed

“46A. (1) The appellant shall not be entitled to produce before the Joint Commissioner (Appeals) or, as the case may be, the Commissioner (Appeals), any evidence, whether oral or documentary, other than the evidence produced by him during the course of proceedings before the Assessing Officer, except in the following circumstances, namely :— (a) where the Assessing Officer has refused to admit evidence which ought to have been admitted ; or (b) where the appellant was prevented by sufficient cause from producing the evidence which he was called upon to produce by the Assessing Officer ; or (c) where the appellant was prevented by sufficient cause from producing before the Assessing Officer any evidence which is relevant to any ground of appeal ; or (d) where the Assessing Officer has made the order appealed against without giving sufficient opportunity to the appellant to adduce evidence relevant to any ground of appeal.

Assistant Registrar ITAT, Kolkata Benches Kolkata