(India) Pvt. Ltd. v. DCIT & Ors. (Cal)

255 ITR 49High Court#17407 most cited
5

judgments rely on this decision, according to BharatTax’s citation analysis of 348,627 Indian tax judgments — from 2016 to 2017.

Judgments citing (India) Pvt. Ltd. v. DCIT & Ors. (Cal)

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

…. Explanation-1 to Sec.147 cannot be read in a manner so as to override Proviso to Sec.147 of the Act. We also find support & guidance from the judgment of Hon’ble Calcutta High Court in the case of Simplex Concrete Piles (India) Pvt. Ltd. Vs. DCIT Ors. (Cal) 255 ITR 49 which was reversed by the Hon’ble Supreme Court vide order dated 2nd April 2003 reported 262 ITR 0605. The relevant extract of the order reads as under:- “Reassessment—Full and true disclosure—Notice after expiry of four years—Proviso to s. 147 prescribes limits of four years in respect of cases other than those covered under the four contingencie…

A.C.I.T Cir - 36, Kolkata. vs. M/S Sri Ram Commercial Co, Kolkata

In the result, Revenue’s appeal is dismissed

ITA 623/KOL/2013[2008-2009]Status: DisposedITAT Kolkata18 Nov 2016AY 2008-2009

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 10BSection 143(1)Section 143(3)Section 147Section 148

…ithout finding out any corroborative material. There was no failure on the part of assessee in disclosing all material facts necessary for assessment proceedings. The Ld. CIT(A) has relied in the case of Simplex Concrete Piles (India) Pvt. Ltd. vs. DCIT & Ors 255 ITR 49 (Cal) for reopening of the case. However, the case, Simplex Concrete Piles (India) Pvt. Ltd. (supra), relied upon by Ld. CIT(A) has been overruled by the Hon'ble Supreme Court reported in 262 ITR 605 (SC). Ld. AR further submitted that the Hon’ble ITAT in assessee’s own case for the AY 2005-06 in ITA No. 1189/Kol/2008 has decided the issue in favo…

Income Tax Officer Ward-4(4), Kolkata vs. M/S Tea Propoters (India) Pvt. Ltd., Kolkata

In the result, Revenue’s appeal is dismissed

ITA 2161/KOL/2013[2002-03]Status: DisposedITAT Kolkata18 Nov 2016AY 2002-03

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 10BSection 143(1)Section 143(3)Section 147Section 148

…ithout finding out any corroborative material. There was no failure on the part of assessee in disclosing all material facts necessary for assessment proceedings. The Ld. CIT(A) has relied in the case of Simplex Concrete Piles (India) Pvt. Ltd. vs. DCIT & Ors 255 ITR 49 (Cal) for reopening of the case. However, the case, Simplex Concrete Piles (India) Pvt. Ltd. (supra), relied upon by Ld. CIT(A) has been overruled by the Hon'ble Supreme Court reported in 262 ITR 605 (SC). Ld. AR further submitted that the Hon’ble ITAT in assessee’s own case for the AY 2005-06 in ITA No. 1189/Kol/2008 has decided the issue in favo…

M/S Tea Promoters (India) Pvt Ltd, Kolkata vs. D.C.I.T RG - 4, Kolkata

In the result, Revenue’s appeal is dismissed

ITA 1897/KOL/2013[2003-04]Status: DisposedITAT Kolkata18 Nov 2016AY 2003-04

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 10BSection 143(1)Section 143(3)Section 147Section 148

…ithout finding out any corroborative material. There was no failure on the part of assessee in disclosing all material facts necessary for assessment proceedings. The Ld. CIT(A) has relied in the case of Simplex Concrete Piles (India) Pvt. Ltd. vs. DCIT & Ors 255 ITR 49 (Cal) for reopening of the case. However, the case, Simplex Concrete Piles (India) Pvt. Ltd. (supra), relied upon by Ld. CIT(A) has been overruled by the Hon'ble Supreme Court reported in 262 ITR 605 (SC). Ld. AR further submitted that the Hon’ble ITAT in assessee’s own case for the AY 2005-06 in ITA No. 1189/Kol/2008 has decided the issue in favo…

M/S Tea Promoters (India) Pvt. Ltd., Kolkata vs. DCIT, Circle - 4, Kolkata

In the result, Revenue’s appeal is dismissed

ITA 1841/KOL/2013[2002-03]Status: DisposedITAT Kolkata18 Nov 2016AY 2002-03

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 10BSection 143(1)Section 143(3)Section 147Section 148

…ithout finding out any corroborative material. There was no failure on the part of assessee in disclosing all material facts necessary for assessment proceedings. The Ld. CIT(A) has relied in the case of Simplex Concrete Piles (India) Pvt. Ltd. vs. DCIT & Ors 255 ITR 49 (Cal) for reopening of the case. However, the case, Simplex Concrete Piles (India) Pvt. Ltd. (supra), relied upon by Ld. CIT(A) has been overruled by the Hon'ble Supreme Court reported in 262 ITR 605 (SC). Ld. AR further submitted that the Hon’ble ITAT in assessee’s own case for the AY 2005-06 in ITA No. 1189/Kol/2008 has decided the issue in favo…

(India) Pvt. Ltd. v. DCIT & Ors. (Cal) (255 ITR 49) — Cited in 5 Judgments | BharatTax