M/S Auroplas Gold Pvt Ltd (Formerly Known As M/S - Ranisati Dealcomm Pvt Ltd), Kolkata vs. C.I.T Kolkata - II, Kolkata
In the result, all the appeals are dismissed
ITA 1488/KOL/2013[2008-09]Status: DisposedITAT Kolkata04 Nov 2015AY 2008-09
Bench: Shri R.S. Syal, Am & Shri N.V. Vasudevan, Jm Assessment Year 2008-09 M/S. Auroplas Gold Pvt. Vs. Commissioner Of Income Tax, Ltd.,(Formerly Known As M/S. Kolkata-Ii, Ranisati Dealcom Pvt. Ltd.) C/O Salarpuria Jajodia & Co., Aayakarbhawan, 7, C.R.Avenue, Kolkata- P-7, Chowringhee Square, 700072. Kolkata – 700 069. Pan: Aaecr 0440 C Assessment Year 2008-09 Sheetal City Realtors Pvt. Vs. Commissioner Of Income Tax, Ltd., C/O Poddar & Kolkata-Ii, Aayakarbhawan, Associates, 9/12, Lalbazar Street, ‘Mercantile Building; P-7, Chowringhee Square, 1St Floor, Block-D, Kolkata- Kolkata – 700 069. 700001. Pan: Aabce 8664 L Assessment Year 2009-10 M/S. Subhdhan Commodities Vs. Commissioner Of Income Tax, Pvt. Ltd., C/O, Salarpuria Kolkata-Iii, Jajodia & Co., 7, Chittaranjan Avenue, 1
Section 133(6)Section 143(1)Section 143(3)Section 147Section 148Section 263
…AO to make or not to make any addition under this section if he is not satisfied with the explanation furnished by the assessee. This proposition was bolstered with the help of a judgment from the Hon’ble Supreme Court in CIT vs. Smt. P.K. Noorjehan (1999) 237 ITR 570 (SC) in which it has been held that if AO is not satisfied, then addition is not must. A view was canvassed that when the AO chose not to make any addition by exercising his discretion as per the mandate of section 68, then the ld. CIT in the instant cases was not obliged to hold against the assessees. 7. We agree with the ratio decidendi of t…