M/S Paramount Properties & Estate Developments Ltd., Kolkata vs. ITO, WD-3(1), Kolkata
In the result, appeal of assessee is allowed on legal grounds
ITA 93/KOL/2016[2005-06]Status: DisposedITAT Kolkata06 Dec 2017AY 2005-06
Bench: Shri A. T. Varkey & Shri Waseem Ahmedi.T.A. No.93/Kol/2016 Assessment Year 2005-06 M/S. Paramount Properties & I.T.O., Wd-3(1), Kolkata. P-7, Chowringhee Square, Estate Developments Ltd. -Vs- Kolkata – 700 069. 3, Pretoria Street, 4Th Floor, Kolkata – 700 071. [Pan : Aabcp 8731 B] (Appellant) (Respondent)
Section 143(3)Section 147Section 148
…r. "It was held that since the AO had failed to apply his mind to the relevant material while framing the assessment order, he could not take advantage of his own wrong and reopen the assessment under section 147 of the Act." • Amrit Feeds Ltd. Vs ACIT [2011] 51 DTR 315 (Cal) In this case it was held that if the AOs had not questioned the entitlement of the assessee to deduction under section 80-IB in the assessment years in question, it was their mistake. All information regarding the alleged manufacturing process of the assessee was before them. After the time limit for making assessment or reassessment has lon…