M/S METROCITY DEVELOPER PVT LTD & ANR vs. INCOME TAX OFFICER, WARD 1(2) KOLKATA & ORS
What did the High Court hold?
The High Court, following its own prior decision in a similar case, held that the substantial questions of law were answered against the assessee. Consequently, the appeal was dismissed.
What were the facts?
The assessee appealed a Tribunal order concerning reassessment proceedings for the assessment year 2008-09. The appeal raised substantial questions of law regarding the validity of reassessment, additions under Section 68, and the Commissioner's power under Section 263.
What were the issues?
The key issues revolved around the correctness of the Tribunal's findings on the validity of reassessment proceedings, the propriety of inquiries into share capital/premium, and the exercise of revisional powers by the Commissioner.
Which sections of the Income-tax Act were involved?
Section 260A,Section 147,Section 68,Section 263,Section 142(1),Section 143(2)
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)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.
- Rajmandir Estates Private Limited v. Pr. CIT131 citing386 ITR 162 · 2016 · HC
OD-44 ITAT/318/2017 IA No.GA/1/2017 (Old No.GA/2962/2017) IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE M/S. METROCITY DEVELOPER PVT. LTD. & ANR. -Versus- INCOME TAX OFFICER, WARD-1(2), KOLKATA & ORS. Appearance: Mr. Subash Agarwal, Adv. ...for the appellant. Mr. P. K. Bhowmick, Adv. ...for the respondent. BEFORE: The Hon’ble JUSTICE T.S. SIVAGNANAM -And- The Hon’ble JUSTICE HIRANMAY BHATTACHARYYA Date : 25th November, 2021. The Court : This appeal by the assessee filed under Section 260A of the Income Tax Act (the ‘Act’ in brevity) is directed against the order dated 6th March, 2017 passed by the Income Tax Appellate Tribunal, C-Bench, Kolkata (the ‘Tribunal’) in ITA No.545/Kol/2014 for the assessment year 2008-09. The assessee has raised the following substantial questions of law for consideration: “a) Whether on the facts and circumstances of the case, the Learned Tribunal is correct in holding that the alleged lack of proper enquiries as to the issue of share
2 capital/premium in the course of proceedings under Section 147 is to be considered as erroneous and prejudicial to the interest of revenue even though the reopening was done for the specific purpose of escapement of miscellaneous income of ₹12,500/- which was not property account for due to mistake? b) Whether on the facts and circumstances of the case, the Learned Tribunal is correct in not appreciating the fact that the reassessment order passed by the Assessing Officer is not erroneous as well as not prejudicial to the interest of the revenue on the issue of share capital/premium when no addition can be made under Section 68 of the Income Tax, 1961 in view of the judgments of the Hon’ble Supreme Court in case of Lovely Exports (P) Ltd. reported in 319 ITR (St.)5? c) Whether on the facts and circumstances of the case, the Learned Tribunal is correct in holding that the Commissioner of Income Tax under Section 263 can set aside the assessment order and direct the Assessing Officer to conduct a thorough enquiry, notwithstanding the jurisdiction of the Assessing Officer in making enquiries on the issues or matters as he considers fit in terms of Section 142(1) and 143(2) of the Act? d) Whether the purported finding of the Learned Tribunal that the issue of share capital/share premium has not been properly looked into or investigated by the Assessing Officer is wholly perverse and/or is based on no material and/or is based on mere conjectures and surmises? e) Whether on the facts and circumstances of the case, the Learned Tribunal was justified in upholding the proceedings under Section 263 inspite of the fact that the proceedings were concluded in gross violation of the principles of natural justice and/or improper service of show cause notice?”
3 We have heard Mr. Subash Agarwal, learned Counsel for the appellant and Mr. P. K. Bhowmick, learned counsel for the respondent/revenue. Learned counsel for the appellant fairly submitted that identical issue and questions of law raised above were considered and answered against the assessee by this Court in its decision reported in 386 ITR 162(Cal) [Raj Mandir Estates (P) Ltd. versus Principal Commissioner of Income Tax]. Following the said decision, the present appeal (ITAT/318/2017)stands dismissed in the above-mentioned substantial questions of law are answered against the assessee. The connected application for stay, IA NO.GA/1/2017(Old NO.GA/2962/2017) also stands dismissed. (T.S. SIVAGNANAM, J.) (HIRANMAY BHATTACHARYYA, J.) A/s.
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Recent GST High Court judgments
Search GST case law →- M/S Sita Enterprises vs. Office Of The CommissionerUttarakhand · 26 Oct 2026
- Capri Global Capital LTD Through Represented By Its Law Officer Mr. Varun Kaljoria vs. The State Of Madhya Pradesh Through Principal SecretaryMadhya Pradesh · 26 Oct 2026
- Sri Tatiparthy Venkata Swamy vs. The State Of Andhra PradeshAndhra Pradesh · 25 Oct 2026
- Piyush Shantilal Veera vs. State Of U.P.Allahabad · 23 Oct 2026
- Tvl. Pooja Shri Traders vs. The Deputy State Tax Officer - 1Madras · 23 Oct 2026