PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL-1, KOLKATA vs. M/S. CONSORTIUM ENTERPRISES PVT LTD
What did the High Court hold?
The High Court noted that the assessee had opted for the Vivad Se Vishwas scheme. Consequently, the court did not need to decide the substantial questions of law raised in the appeal.
What were the facts?
The Revenue filed an appeal against an ITAT order concerning assessment year 2009-10. The assessee had availed the benefit of the Vivad Se Vishwas scheme, and Form 4 was issued.
What were the issues?
Whether the ITAT erred in its decision regarding additions made under Section 68 based on statements and cash trails, and whether the additions were based on incriminating documents seized during the search.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
1 OD-50 & 51 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income tax) ORIGINAL SIDE IA No.GA 1 of 2021 In ITAT 5 of 2021 PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL-1, KOLKATA Vs M/S. CONSORTIUM ENTERPRISES PVT LTD AND IA No.GA 2 of 2021 In ITAT 5 of 2021 PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL-1, KOLKATA Vs M/S. CONSORTIUM ENTERPRISES PVT LTD BEFORE: The Hon'ble JUSTICE T. S. SIVAGNANAM AND The Hon’ble JUSTICE HIRANMAY BHATTACHARYYA Date : 17th November, 2021. Appearance: Mr. Tilak MItra,Adv. Mr. Asok Bhowmik, Adv. …for the appellant. Mr.Siddhartha Das, Adv. Ms. Pritha Basu, Adv. …for the respondent. Re.: IA No.GA 1 of 2021 The Court : Heard Mr. Tilak Mitra, learned Counsel appearing for the appellant/Revenue and Mr. Siddhartha Das, learned Counsel appearing for the respondent/assessee. We are satisfied with the reasons assigned in the affidavit filed in support of the petition and, therefore, we are exercising discretion to condone the delay in filing the appeal. Accordingly, the delay is condoned. The application is allowed.
2 This appeal of Revenue filed under Section 260A of the Income Tax Act (the ‘Act’ in brevity) is directed against the order dated 8th March, 2019 passed by the Income Tax Appellate Tribunal, B-Bench, Kolkata (the ‘Tribunal’) in I.T.(SS)A. No.88/Kol/2017 for the assessment year 2009-10. The Revenue has raised the following substantial questions of law for consideration : i) Whether on the facts and circumstances of the case and in law, the Learned Income Tax Appellate Tribunal, failed to distinguish the instant case from CIT –Vs- Kabul Chawla where absolutely no incriminating documents were found and additions were made as deemed dividend, whereas in this case, additions were made under section 68 based on statements by entry operators, cash trail, layering of unaccounted money through various bogus papers companies, which were unearthed during search based on prima facie evidences of clandestine operations adopted by Assessee to evade tax? ii) Whether on facts and circumstances of the case and in law, the Learned Income Tax Appellate Tribunal has erred in not interfering in the decision of the Commissioner of Income Tax (Appeals) in which the Commissioner of Income Tax (Appeals) has allowed the appeal of the assessee observing that additions made by the Assessing Officer in the assessment order passed under section 153A/143(3) are not based on any incriminating documents/papers seized during the search operation without calling for remand report/comments?
3 It is submitted by the learned Counsel for the respondent/assessee that the assessee has availed the benefit of the Vivad Se Vishwas scheme and Form 4 has been issued to the assessee on 25th October, 2021. In the light of the said development, we are not required to decide the questions of law framed in this appeal. Accordingly, the appeal stands disposed of and the substantial questions of law are left open. The stay application being IA No.GA 2 of 2021 accordingly stands disposed of. (T. S. SIVAGNANAM, J.) (HIRANMAY BHATTACHARYYA, J.) s.pal/pa.
More judgments on Section 68
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Bliss Dealtrade Private Limited, Kolkata vs Income Tax Officer - Ward 9(2) Kolkata…ITA 208/KOL/2026[2012-13]Status: Disposed21 Oct 2026AY 2012-13
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
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