Chinmoy Mondal, Burdwan vs. ACIT, Circle 1, Burdwan
In the result, the appeal of the assessee is allowed
ITA 1148/KOL/2025[2014-2015]Status: DisposedITAT Kolkata15 Oct 2025AY 2014-2015
Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm Acit, Circle-1, Burdwan Chinmoy Mondal Asst. Commissioner Of Income C/O S.N. Ghosh & Associates, Tax, Circle 1, Burdwan, Aaykar Advocates 2, Garstin Place, 2 Nd Bhawan Poorva, Kachari Road, Floor, Suite No.203, Off Hare Court Compound, P.O. & P.S. Vs. Street, Kolkata-700001, Burdwan, Dist. Purba West Bengal Barddhaman-713101, West Bengal (Appellant) (Respondent) Pan No. Adzpm8111E Assessee By : Shri Somnath Ghosh, Ar Revenue By : Shri Subrata Aich, Dr Date Of Hearing: 18.09.2025 Date Of Pronouncement: 15.10.2025
For Appellant: Shri Somnath Ghosh, ARFor Respondent: Shri Subrata Aich, DR
Section 143(3)Section 144Section 147Section 148Section 148A
…bad in law and so is the assessment framed u/s 147 read with section 144 of the Act. In defense of his argument the ld. AR relied on the decision of Ashok Chinmoy Mondal; A.Y. 2014-15 Devichand Jain vs. Union of India [2023] 151 taxmann.com 70 (Bombay)/[2023] 452 ITR 43 (Bombay)[08-03-2022], wherein a similar issue has been decided in favour of the assessee by the court by observing and holding as under:- “2. The primary ground that has been raised is that the Income-tax Officer who issued the notice under section 148 of the Act, had no jurisdiction to issue such notice. According to Petitioner as per instructio…