Dr.Syamal Baran Mondal v. CIT

DCIT, CC-4(4), Kolkata vs. M/S Electrosteeel Castings Ltd., Kolkata

In the result, all the appeals of revenue are dismissed

Bench: "ी जे. सुधाकर रे"डी, लेखा सद"य एवं/And "ी ऐ. ट". वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

…al in the case of Jeetmal Choraria Vs. ACIT, ITA No. 956/Kol/2016 for AY 2010-11 dated 01.12.2017, wherein the Tribunal has noted as under: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Challauddin Sepai, South 24 Parganas vs. ITO, Ward 53(2)/Now 26(2), Kolkata

In the result, the appeal of the assessee is allowed

…o-ordinate Bench in its order dt: 01-12-2017 in the case of Jeetmal Choraria and the same is reproduced herein below for ready reference: 3 “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Rabindra Nath Naskar, Kolkata vs. DCIT, Circle-47, Kolkata

In the result, the appeal of the assessee is allowed

…o-ordinate Bench in its order dt: 01-12-2017 in the case of Jeetmal Choraria and the same is reproduced herein below for ready reference: 3 “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Madhabi Das, Hooghly vs. ACIT, Circle-2, Hooghly

In the result, the appeal of the assessee is allowed

…o-ordinate Bench in its order dt: 01-12-2017 in the case of Jeetmal Choraria and the same is reproduced herein below for ready reference: 3 “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Shambhu Kumar More, Kolkata vs. ACIT, CC-Xxiii, Kolkata

In the result, the miscellaneous applications as well as appeals of the assessee are allowed

Bench: Hon’Ble Shri M. Balaganesh, Am & Shri S.S. Viswanethra Ravi, Jm] M.A. Nos. 50-52/Kol/2018 (A/O I.T.A Nos.2242-2244/Kol/2014) Assessment Years : 2004-05,2005-06&2006-07 Shambhu Kumar More -Vs.- Acit, Cc-Xxiii, Kolkata [Pan : Adlpm 3303 J] (Respondent) (Appellant) I.T.A Nos.2242-2244/Kol/2014 Assessment Years : 2004-05,2005-06&2006-07 Shambhu Kumar More -Vs.- Acit, Cc-Xxiii, Kolkata [Pan : Adlpm 3303 J] (Appellant) (Respondent) For The Appellant : Shri Subhash Agarwal, Advocate For The Respondent : Shri Saurabh Kumar, Addl. Cit (Dr) Date Of Hearing : 13.04.2018. Date Of Pronouncement : 13.04.2018 Order Per M.Balaganeh, Am By Virtue Of These Miscellaneous Applications, The Assessee Seeks To Recall The Ex Parte Order Passed By This Tribunal Dismissing The Appeals Of The Assessee For Non- Prosecution. The Assessee Filed An Affidavit Before Us Stating That Notice Of Hearing Was Not Received By The Assessee & Accordingly, Prayed For Recalling Of The Order Passed By The Tribunal. He Has Stated That The Appeals Were Preferred By The Assessee Against Confirmation By Ld. Cit(A) Of Orders Passed U/S 271(1)(C ) Of The Act By The Ld. Ao, By Issuing Defective Show Cause Notice U/S 274 Read With Section 271(1)(C ) Of The Act, Inasmuch As The Ld. Ao Had Not Mentioned Specific Charge Of Offence Committed By The 2 M.A.Nos.50-52/Kol/2018

…o-ordinate Bench of this Tribunal in the case of Jeetmal Chouraria in I.T.A No. 956/Kol/2016 dated 01.12.2017 wherein it was held as under: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the 2 3 M.A.Nos.50-52/Kol/20…

Shambhu Kumar More, Kolkata vs. ACIT, CC-Xxiii, Kolkata

In the result, the miscellaneous applications as well as appeals of the assessee are allowed

Bench: Hon’Ble Shri M. Balaganesh, Am & Shri S.S. Viswanethra Ravi, Jm] M.A. Nos. 50-52/Kol/2018 (A/O I.T.A Nos.2242-2244/Kol/2014) Assessment Years : 2004-05,2005-06&2006-07 Shambhu Kumar More -Vs.- Acit, Cc-Xxiii, Kolkata [Pan : Adlpm 3303 J] (Respondent) (Appellant) I.T.A Nos.2242-2244/Kol/2014 Assessment Years : 2004-05,2005-06&2006-07 Shambhu Kumar More -Vs.- Acit, Cc-Xxiii, Kolkata [Pan : Adlpm 3303 J] (Appellant) (Respondent) For The Appellant : Shri Subhash Agarwal, Advocate For The Respondent : Shri Saurabh Kumar, Addl. Cit (Dr) Date Of Hearing : 13.04.2018. Date Of Pronouncement : 13.04.2018 Order Per M.Balaganeh, Am By Virtue Of These Miscellaneous Applications, The Assessee Seeks To Recall The Ex Parte Order Passed By This Tribunal Dismissing The Appeals Of The Assessee For Non- Prosecution. The Assessee Filed An Affidavit Before Us Stating That Notice Of Hearing Was Not Received By The Assessee & Accordingly, Prayed For Recalling Of The Order Passed By The Tribunal. He Has Stated That The Appeals Were Preferred By The Assessee Against Confirmation By Ld. Cit(A) Of Orders Passed U/S 271(1)(C ) Of The Act By The Ld. Ao, By Issuing Defective Show Cause Notice U/S 274 Read With Section 271(1)(C ) Of The Act, Inasmuch As The Ld. Ao Had Not Mentioned Specific Charge Of Offence Committed By The 2 M.A.Nos.50-52/Kol/2018

…o-ordinate Bench of this Tribunal in the case of Jeetmal Chouraria in I.T.A No. 956/Kol/2016 dated 01.12.2017 wherein it was held as under: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the 2 3 M.A.Nos.50-52/Kol/20…

Shambhu Kumar More, Kolkata vs. ACIT, CC-Xxiii, Kolkata

In the result, the miscellaneous applications as well as appeals of the assessee are allowed

Bench: Hon’Ble Shri M. Balaganesh, Am & Shri S.S. Viswanethra Ravi, Jm] M.A. Nos. 50-52/Kol/2018 (A/O I.T.A Nos.2242-2244/Kol/2014) Assessment Years : 2004-05,2005-06&2006-07 Shambhu Kumar More -Vs.- Acit, Cc-Xxiii, Kolkata [Pan : Adlpm 3303 J] (Respondent) (Appellant) I.T.A Nos.2242-2244/Kol/2014 Assessment Years : 2004-05,2005-06&2006-07 Shambhu Kumar More -Vs.- Acit, Cc-Xxiii, Kolkata [Pan : Adlpm 3303 J] (Appellant) (Respondent) For The Appellant : Shri Subhash Agarwal, Advocate For The Respondent : Shri Saurabh Kumar, Addl. Cit (Dr) Date Of Hearing : 13.04.2018. Date Of Pronouncement : 13.04.2018 Order Per M.Balaganeh, Am By Virtue Of These Miscellaneous Applications, The Assessee Seeks To Recall The Ex Parte Order Passed By This Tribunal Dismissing The Appeals Of The Assessee For Non- Prosecution. The Assessee Filed An Affidavit Before Us Stating That Notice Of Hearing Was Not Received By The Assessee & Accordingly, Prayed For Recalling Of The Order Passed By The Tribunal. He Has Stated That The Appeals Were Preferred By The Assessee Against Confirmation By Ld. Cit(A) Of Orders Passed U/S 271(1)(C ) Of The Act By The Ld. Ao, By Issuing Defective Show Cause Notice U/S 274 Read With Section 271(1)(C ) Of The Act, Inasmuch As The Ld. Ao Had Not Mentioned Specific Charge Of Offence Committed By The 2 M.A.Nos.50-52/Kol/2018

…o-ordinate Bench of this Tribunal in the case of Jeetmal Chouraria in I.T.A No. 956/Kol/2016 dated 01.12.2017 wherein it was held as under: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the 2 3 M.A.Nos.50-52/Kol/20…

Shri Shyamal Gopal Chattopadhyay, Kolkata vs. DCIT, International Taxation, 2(1), Kolkata

In the result, appeal of assessee is allowed

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And "ी एम .बालागणेश, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Shri M.Balaganesh, Am]

…al in the case of Jeetmal Choraria Vs. ACIT, ITA No. 956/Kol/2016 for AY 2010-11 dated 01.12.2017, wherein the Tribunal has noted as under: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Ms. Peden Doma Bhutia, Sikkim vs. ITO, Ward 3(1), Gangtok, Sikkim

In the result, the appeal of the assessee is allowed

…o-ordinate Bench in its order dt: 01-12-2017 in the case of Jeetmal Choraria and the same is reproduced herein below for ready reference: 3 “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Sri Bablu Sur, Kolkata vs. ITO, Ward - 44(1), Kolkata

In the result, appeal of assessee is allowed

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

…al in the case of Jeetmal Choraria Vs. ACIT, ITA No. 956/Kol/2016 for AY 2010-11 dated 01.12.2017, wherein the Tribunal has noted as under: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Gupta Engineering Co., Kolkata vs. CIT(Appeals) -9, Kolkata

In the result, the appeal of the assessee is allowed

…o-ordinate Bench in its order dt: 01-12-2017 in the case of Jeetmal Choraria and the same is reproduced herein below for ready reference: 3 “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Sri Pradeep Singh Gurung, Siliguri vs. DCIT, Circle-3, Siliguri

In the result, the appeal of the assessee is allowed

…o-ordinate Bench in its order dt: 01-12-2017 in the case of Jeetmal Choraria and the same is reproduced herein below for ready reference: 3 “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Quadeye Securities Pvt. Ltd., Kolkata vs. DCIT, Circle-5, Kolkata

In the result, the appeal of the assessee is allowed

…o-ordinate Bench in its order dt: 01-12-2017 in the case of Jeetmal Choraria and the same is reproduced herein below for ready reference: 3 “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Sukdeb Mondal, Kolkata vs. The ITO, Ward-15(4), Kolkata

In the result, appeal of assessee is allowed

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

…al in the case of Jeetmal Choraria Vs. ACIT, ITA No. 956/Kol/2016 for AY 2010-11 dated 01.12.2017, wherein the Tribunal has noted as under: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Smt. Shabari Paul, Kolkata vs. DCIT, CC-Xxvii, Kolkata

In the result, appeal of assessee is allowed

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

…al in the case of Jeetmal Choraria Vs. ACIT, ITA No. 956/Kol/2016 for AY 2010-11 dated 01.12.2017, wherein the Tribunal has noted as under: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Arunava Guha, Mumbai vs. ACIT, Cir-21, Kolkata

In the result, appeal of assessee is allowed

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And "ी वसीम अहमद, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Shri Waseem Ahmed, Am]

…al in the case of Jeetmal Choraria Vs. ACIT, ITA No. 956/Kol/2016 for AY 2010-11 dated 01.12.2017, wherein the Tribunal has noted as under: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Tradelink Securities Ltd., Kolkata vs. The ITO, WD-4(1), Kolkata

In the result the appeals of the assessee are allowed

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 914&915/Kol/2015 Assessment Years : 2004-05 & 2005-06 Tradelink Securities Ltd. -Vs- Ito, Ward-4(1), Kolkata [Pan: Aaact 9210 G] (Appellant) (Respondent)

…n ITA No.956/Kol/2016 order dated 01.12.2017 and this tribunal dealt with this similar arguments of the ld. DR in the following paragraphs : “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Tradelink Securities Ltd., Kolkata vs. The ITO, WD-4(1), Kolkata

In the result the appeals of the assessee are allowed

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 914&915/Kol/2015 Assessment Years : 2004-05 & 2005-06 Tradelink Securities Ltd. -Vs- Ito, Ward-4(1), Kolkata [Pan: Aaact 9210 G] (Appellant) (Respondent)

…n ITA No.956/Kol/2016 order dated 01.12.2017 and this tribunal dealt with this similar arguments of the ld. DR in the following paragraphs : “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

ACIT, Circle-10(2), Kolkata vs. M/S Durgapur Chemicals Ltd., Kolkata

In the result, the appeal of the revenue is dismissed

Bench: The Tribunal On 27-11-2017 In The Case Of Jeetmal Choraria In Ita No. 956/Kol/2016 For The A.Y 2010-11 May Be Adopted In This Case & Relied On The Order Of The Ao.

…he reasoning in its order dt:01-12- 2017 of Coordinate Bench in the case of Jeetmal Choraria and the same is reproduced for ready reference: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Dars Business Finance Pvt. Ltd., Kolkata vs. DCIT, Cir-8, Kolkata

In the result, the appeal of the assessee is allowed

…e Co-ordinate Bench in its order dt: 01-12-2017 in the case of Jeetmal Choraria and the same is reproduced herein below for ready reference: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…