DCIT, Central Circle - 2(1), Kolkata vs. M/S. M D Garments Pvt. Ltd., Kolkata
In the result, the appeal of the revenue as well as cross- objection of the assessee are dismissed
ITA 2146/KOL/2017[2009-10]Status: DisposedITAT Kolkata20 Jun 2018AY 2009-10
Bench: Shri P.M. Jagtap, Am] I.T.A. No. 2146/Kol/2017 Assessment Year: 2009-10 D.C.I.T, Central Cir – 2(1) Kolkata.........................................................................Appellant 3Rd Floor,Aayakar Bhawan Poorva, E.M. By Pass, 110, Shantipally, Kolkata – 700107 M/S. M.D. Garments Pvt. Ltd. …………………………………………………………………Respondent 156, M.G. Road, 1St Floor, Kolkata – 700 007 [Pan : Aadcm 5555 C] C.O. No. 38/Kol/2018 (Arising Out Of Ita No. 2146/Kol/2017) Assessment Year: 2009-10 M/S. M.D. Garments Pvt. Ltd. ……………………………………………………………Cross-Objector 156, M.G. Road, 1St Floor, Kolkata – 700 007 [Pan : Aadcm 5555 C] D.C.I.T, Central Cir – 2(1) Kolkata....................................................................Respondent 3Rd Floor,Aayakar Bhawan Poorva, E.M. By Pass, 110, Shantipally, Kolkata – 700107 Appearances By: Shri Robin Choudhury, Addl. Cit Appearing On Behalf Of The Revenue Shri R.P. Agarwal, Sr. Counsel & Shri Nirav Sheth, Aca Appearing On Behalf Of The Assessee Date Of Concluding The Hearing : May 25, 2018 Date Of Pronouncing The Order : June 20, 2018 Order Per P.M. Jagtap, Am This Appeal Is Preferred By The Revenue Against The Order Of Ld. Cit (A) – 20, Kolkata Dated 18.07.2017 & The Same Is Being Disposed Of Along With The Cross-Objection Filed By The Assessee Being C.O. No. 38/Kol/2018. 2 I.T.A. No. 2146/Kol/2017 & C.O. No. 38/Kol/2018 Assessment Year 2009-10 M/S. M.D. Garments Pvt. Ltd.
Section 139Section 143(1)Section 143(3)Section 147Section 148Section 68Section 69C
…ed under section 143(1) of the Income Tax Act, 1961. The AR has brought on record the case law of Orient Craft Ltd(supra) & Tupperware India (P) Ltd (supra) The Hon’ble High Court, Delhi in the case of Commissioner of lncome Tax- V v. Orient Craft Ltd [2013] 354 ITR 536 (Del) has held that The assessee's contention that even an assessment made under section 143(1) of the Act can be reopened under section 147 if the Assessing Officer has ‘reason to believe’ that income chargeable to tax has escaped assessment, is sound. It is true that no assessment order is passed when the return is merely processed under sectio…
