PRAFULLA KUMAR MALAKAR, INCOME TAX OFFICER, WARD-12(1), KOLKATA, KOLKATA vs. KALAWATI INVESTMENTS & TRADING P LTD., KOLKATA
What did the Tribunal hold?
The Tribunal upheld the CIT(A)'s order, confirming that the AO failed to provide any evidence to prove the transactions were fictitious. The Tribunal found no infirmity in the CIT(A)'s decision to delete the addition.
What were the facts?
The Revenue appealed against the deletion of an addition of Rs. 79,04,700/- made by the Assessing Officer (AO) on account of unexplained investment. The AO had initiated reassessment proceedings based on information from the Investigation Wing ('Project Falcon') alleging fictitious derivative transactions by the assessee.
What were the issues?
Whether the addition made by the AO on account of unexplained investment in derivative transactions was justified without sufficient evidence, and whether the CIT(A) erred in deleting the addition.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(10)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Sumati Dayal v. CIT1,967 citing214 ITR 801 · 1995 · SC · Read judgment
- CIT v. Durga Prasad More1,579 citing82 ITR 540 · 1971 · SC
- (Central)-1 v. NRA Iron & Steel (P) Ltd.696 citing412 ITR 161 · 2019 · SC
- Lalchand Bhagat Ambica Ram v. CIT570 citing37 ITR 288 · 1959 · SC
- Umacharan Shaw & Bros. v. CIT567 citing37 ITR 271 · 1959 · SC
- CIT v. Daulat Ram Rawatmull525 citing87 ITR 349 · 1973 · SC · Read judgment
- PCIT v. Swati Bajaj443 citing2022 SCC OnLine 1572 · 2022 · Read judgment
- Omar Salay Mohamed Sait v. CIT372 citing37 ITR 151 · 1959 · SC
- PCIT v. BST Infratech Ltd.32 citing161 Taxmann.com 668 · 2024 · HC · Read judgment
- Pr. CIT (Central)-1, Kolkata v. NRA Iron & Steel Pvt. Ltd. (11 citing117 Taxmann.com 752 · 2020 · SC
Income Tax Appellate Tribunal, KOLKATA ‘B’ BENCH AT KOLKATA
Before: SHRI GEORGE MATHAN & SHRI RAKESH MISHRA
PER RAKESH MISHRA, ACCOUNTANT MEMBER:
This appeal filed by the Revenue is against the order of the Commissioner of Income Tax (Appeals)-NFAC, Delhi [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 2015-16 dated 18.11.2024. 2. The Revenue is in appeal before the Tribunal raising the following grounds of appeal:
“1. The CIT(A) has erred on facts and in law in deleting the addition of Rs.79,04,700/-. 2.The CIT(A) has erred on facts and in law in deciding the case in favour of the assessee ignoring the findings/observation of the AO in respect of derivative/currency transactions made by
The order continues below.
Read the full judgment
A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
More judgments on Section 69
- Azure Knowledge Corporation Private… vs The Dy.CIT, Circle-1(1)(1), AhmedabadITA 2013/AHD/2024[2018-19]Status: Disposed19 Oct 2026AY 2018-19
- Naresh Chandra Khattar, Agra vs ITO Ward-1(1)(2), AgraITA 475/AGR/2026[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Ranchhodbhai Kurjibhai Kakadiya, Rajkot vs Income Tax Officer, Ward-1(1)(1), RajkotITA 553/RJT/2025[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Gorantla Rahul Kumar, Visakhapatnam vs The Asst. Commissioner of Income Tax…ITA 670/VIZ/2025[2021-22]Status: Disposed16 Oct 2026AY 2021-22
- Gorantla Rahul Kumar, Visakhapatnam vs The Asst. Commissioner of Income Tax…ITA 669/VIZ/2025[2020-21]Status: Disposed16 Oct 2026AY 2020-21
Recent GST High Court judgments
Search GST case law →- U Days Garments vs. The Adjudication OfficerMadras · 16 Oct 2026
- M/S Jsw Cement Limited,Jajpur vs. State Of OdishaOrissa · 16 Oct 2026
- M/S.Sreeshobi Enterprises vs. The Appellate AuthorityMadras · 16 Oct 2026
- S.T.Promotors vs. The Commercial Tax OfficerMadras · 16 Oct 2026
- Prashanti Das (M/S. Panchamukhi Enterprises) vs. Assistant Commissioner Of State Tax, CT And GST, Jagatsinghpur CircleOrissa · 16 Oct 2026