PCIT v. Britannia Industries Ltd.

CHITRAKOOT TRADELINE PRIVATE LIMITED,KOLKATA vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm Chitrakoot Tradeline Private Limited National Faceless Assessment C/O Agarwal Vishwanath & Centre, Associates, 2Nd Floor, E-Ramp, Jawaharlal Vs. 133/1/1A, S.N. Banerjee Road, Nehtru Road, New Delhi-110003 Pushkal Bhawan, 3 Rd Floor, Kolkata-700103, West Bengal (Appellant) (Respondent) Pan No. Aabcc3130H Assessee By : S/Shri Deep Agarwal & Shubhankar Ghosh, Ars Revenue By : Shri Santanu Ghosh, Dr Date Of Hearing: 22.01.2026 Date Of Pronouncement: 26.02.2026

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, KOLKATA BEFORE SHRI RAJESH KUMAR, AM AND SHRIPRADIP KUMAR CHOUBEY, JM Chitrakoot Tradeline Private Limited National Faceless Assessment C/o Agarwal Vishwanath & Centre, Associates, 2nd Floor, E-Ramp, Jawaharlal Vs. 133/1/1A, S.N. Banerjee Road, Nehtru Road, New Delhi-110003 Pushkal Bhawan, 3 rd floor, Kolkata-700103, West Bengal (Appellant) (Respondent) PAN No. AABCC3130H Assessee by : S/Shri Deep Agarwal & Shubhankar Ghosh, ARs Revenue by : Shri Santanu Ghosh, DR Date of hearing: 22.01.2026 Date of pronouncement: 26.02.2026 O R D E R Per Rajesh Kumar, AM: This i…

JIWANSAGAR NIKETAN PVT. LTD.,KOLKATA vs. ACIT, CC - 3(4),, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: any appellate authority for the first time even when the same has not been raised before the lower authorities. The case of the assessee is squarely covered by the decisions of the Apex court in the case of i) Jute Corporation of India Ltd. Vs CIT in 187 ITR 688, ii) National Thermal Power Co. Ltd v. CIT [1998] 229 ITR 383 and also by the decision of Hon'ble Calcutta High Court in PCIT vs. Britannia Industries Ltd. [2017] 396 ITR 677 (Cal). Therefore, we are inclined to admit the same for a

…cisions of the Apex court in the case of i) Jute Corporation of India Ltd. Vs CIT in 187 ITR 688, ii) National Thermal Power Co. Ltd v. CIT [1998] 229 ITR 383 and also by the decision of Hon’ble Calcutta High Court in PCIT vs. Britannia Industries Ltd. [2017] 396 ITR 677 (Cal). Therefore, we are inclined to admit the same for adjudication. 4. The Ld. AR vehemently submitted before us that the reopening of assessment made by the AO u/s 147 of the Act by issuing notice u/s 148 of the Act on 29.03.2017 is invalid and nullity in the eyes of law as the notice u/s 148 of the Act was issued on 29.03.2017 whereas the ap…

KIPPY ENGINEERING PVT. LTD.,KOLKATA vs. ACIT, CC-3(4), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: any appellate authority for the first time even when the same has not been raised before the lower authorities. The case of the assessee is squarely covered by the decisions of the Apex court in the case of i) Jute Corporation of India Ltd. Vs CIT in 187 ITR 688, ii) National Thermal Power Co. Ltd v. CIT [1998] 229 ITR 383 and also by the decision of Hon'ble Calcutta High Court in PCIT vs. Britannia Industries Ltd. [2017] 396 ITR 677 (Cal). Therefore, we are inclined to admit the same for a

…cisions of the Apex court in the case of i) Jute Corporation of India Ltd. Vs CIT in 187 ITR 688, ii) National Thermal Power Co. Ltd v. CIT [1998] 229 ITR 383 and also by the decision of Hon’ble Calcutta High Court in PCIT vs. Britannia Industries Ltd. [2017] 396 ITR 677 (Cal). Therefore, we are inclined to admit the same for adjudication. 4. The Ld. AR vehemently submitted before us that the reopening of assessment made by the AO u/s 147 of the Act by issuing notice u/s 148 of the Act on 29.03.2017 is invalid and nullity in the eyes of law as the notice u/s 148 of the Act was issued on 29.03.2017 whereas the ap…

GOUTAM KUMAR SARKAR,MATIGARA vs. ITO, WARD 1(3),, SILIGURI

In the result, the appeal of the assessee is allowed

Bench: SHRI RAJESH KUMAR, ACCOUNTANT MEMBER SHRI PRADIP KUMAR CHOUBEY (Judicial Member)

…cisions of the Apex court in the case of i) Jute Corporation of India Ltd. Vs CIT in 187 ITR 688, ii) National Thermal Power Co. Ltd v. CIT [1998] 229 ITR 383 and also by the decision of Hon’ble Calcutta High Court in PCIT vs. Britannia Industries Ltd. [2017] 396 ITR 677 (Cal). Therefore, we are inclined to admit the same for adjudication. 4. The ld. AR vehemently submitted before us that the order passed by the NFAC is without jurisdiction as though the provisions dealing with the faceless assessment of income escaping the assessment u/s 151A of the Act was brought on statute book by taxation and other law (rel…

GOUTAM KUMAR SARKAR,SILIGURI vs. ITO, WARD 1(3), , SILIGURI

In the result, the appeal of the assessee is allowed

Bench: SHRI RAJESH KUMAR, ACCOUNTANT MEMBER SHRI PRADIP KUMAR CHOUBEY (Judicial Member)

…cisions of the Apex court in the case of i) Jute Corporation of India Ltd. Vs CIT in 187 ITR 688, ii) National Thermal Power Co. Ltd v. CIT [1998] 229 ITR 383 and also by the decision of Hon’ble Calcutta High Court in PCIT vs. Britannia Industries Ltd. [2017] 396 ITR 677 (Cal). Therefore, we are inclined to admit the same for adjudication. 4. The ld. AR vehemently submitted before us that the order passed by the NFAC is without jurisdiction as though the provisions dealing with the faceless assessment of income escaping the assessment u/s 151A of the Act was brought on statute book by taxation and other law (rel…

THE ROYAL BANK OF SCOTLAND N.V. - INDIA BRANCH (AMALGAMATED WITH NATWEST MARKETS PLC - INDIA BRANCH),KOLKATA vs. D.C.I.T., INTERNATIONAL TAXATION - 2(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.1325/Kol/2024 (निर्धारण वर्ा / Assessment Year : 2016-2017) The Royal Bank Of Scotland Vs Dcit, International Taxation- N.V.-India Branch(Amalgamated 2(1), Kolkata With Natwest Markets Plc-India Branch) 907, Regus, 9Th Floor, Ps Arcadia, 4A, Abanindra Nath Thakur Sarani, Kolkata-16 Pan No. :Aacca 6818 K

…isions of the Apex court in the case of i) Jute Corporation of India Ltd. Vs CIT in 187 ITR 688 , ii) National Thermal Power Co. Ltd v. CIT [1998] 229 ITR 383 and also by the decision of Hon’ble Calcutta High Court in PCIT vs. Britannia Industries Ltd. [2017] 396 ITR 677 (Cal). Therefore, we are inclined to admit the same for adjudication. 4. The facts in brief are that the AO issued original notice u.sa 148 of the Act on 30.06.2021 .The assessee was given notice u/s 148A(b) of the Act on 23.05.2022 . Thereafter, the order u/s 148A(d) of the Act was passed on 25.07.2022 after taking into account the submissions o…

SUNBLAZE CONSTRUCTIONS PVT. LTD.,KOLKATA vs. I.T.O., WARD - 9(1),, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm Ito, Ward 9(1) Sunblaze Constructions Pvt. Ltd. 164/1, Maniktala Main Road, Aaykar Bhawan, P-7, Kankurgachi, S.O. Kolkata- Chowringhee Square, Kolkata- Vs. 700054, West Bengal 700069, West Bengal (Appellant) (Respondent) Pan No. Aascs7903D Assessee By : Shri S.K. Tulsiyan & Ms. Puja Somani, Ars Revenue By : Shri S.B. Chakraborthy, Dr Date Of Hearing: 17.11.2025 Date Of Pronouncement: 06.01.2026

…IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, KOLKATA BEFORE SHRI RAJESH KUMAR, AM AND SHRIPRADIP KUMAR CHOUBEY, JM ITO, Ward 9(1) Sunblaze Constructions Pvt. Ltd. 164/1, Maniktala Main Road, Aaykar Bhawan, P-7, Kankurgachi, S.O. Kolkata- Chowringhee Square, Kolkata- Vs. 700054, West Bengal 700069, West Bengal (Appellant) (Respondent) PAN No. AASCS7903D Assessee by : Shri S.K. Tulsiyan & Ms. Puja Somani, ARs Revenue by : Shri S.B. Chakraborthy, DR Date of hearing: 17.11.2025 Date of pronouncement: 06.01.2026 O R D E R Per Rajesh Kumar, AM: This is an appeal preferred by the assessee against the order of the…

DILIP KUMAR SHOW,KOLKATA vs. ITO, WARD 30(6), AAYAKAR BHAWAN DAKSHIN

Appeal of the assessee is allowed

Bench: any appellate authority for the first time even when the same has not been raised before the lower authorities. The case of the assessee is squarely covered by the decisions of the Apex court in the case of i) Jute Corporation of India Ltd. Vs CIT in 187 ITR 688, ii) National Thermal Power Co. Ltd v. CIT [1998] 229 ITR 383 and also by the decision of Hon'ble Calcutta High Court in PCIT vs. Britannia Industries Ltd. [2017] 396 ITR 677 (Cal). Therefore, we are inclined to admit the same for a

…isions of the Apex court in the case of i) Jute Corporation of India Ltd. Vs CIT in 187 ITR 688 , ii) National Thermal Power Co. Ltd v. CIT [1998] 229 ITR 383 and also by the decision of Hon’ble Calcutta High Court in PCIT vs. Britannia Industries Ltd. [2017] 396 ITR 677 (Cal). Therefore, we are inclined to admit the same for adjudication. 4. We find that the assessee filed return of income on 30.10.2017 disclosing total income of Rs. 5,90,710/-. The assessee is engaged in wholesale trading of grocery items. The case of the assessee was selected for scrutiny on account of cash deposits during de- monetisation pe…

SUKLA BANERJEE,KOLKATA vs. ITO, WARD 22(2),, KOLKATA

In the result, appeal of the assessee is allowed

Bench: SHRI RAJESH KUMAR (Accountant Member), SHRI PRADIP KUMAR CHOUBEY (Judicial Member)

…isions of the Apex court in the case of i) Jute Corporation of India Ltd. Vs CIT in 187 ITR 688 , ii) National Thermal Power Co. Ltd v. CIT [1998] 229 ITR 383 and also by the decision of Hon’ble Calcutta High Court in PCIT vs. Britannia Industries Ltd. [2017] 396 ITR 677 (Cal). Therefore we are inclined to admit the same for adjudication. 4. The issue raised in Ground No.1 is against the statutory notice issued for scrutiny as well as the order passed by the AO is without jurisdiction and, hence, the entire assessment is liable to be quashed. 5. Facts in brief are that the assessee is an individual and has filed…

M/S. SWABHUMI VINTRADE PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 7(1),, KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.1839/Kol/2025 (निर्धारणवर्ा/Assessment Years :2017-2018) M/S Swabhumi Vintrade Pvt. Vs Dcit, Circle-7(1), Kolkata Ltd. 5Th Floor, Hmp House, 4 Fairlie Place, Kolkata, West Bengal-700001 Pan No. :Aancs 9035 P (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररतीकीओरसे /Assessee By : Shri Sunil Surana, Fca रधजस्वकीओरसे /Revenue By : Shri Sandip Sarkar, Jcit, Sr.Dr सुनवाई की तारीख / Date Of Hearing : 09/12/2025 घोषणा की तारीख/Date Of Pronouncement : 23.12.2025 आदेश / O R D E R Per Rajesh Kumar, Am: This Is An Appeal Filed By The Assessee Against The Order Passed By The Ld. National Faceless Appeal Centre (Nfac), Delhi, Dated 28.07.2025For The Assessment Year2017-2018. 2. At The Time Of Hearing, The Assessee Raised Additional Ground Which Is Extracted Below: In This Connection It Is Submitted That The Addition Has Been Made Outside The Issues For Which The Case Was Selected For Limited Scrutiny Which Is Bad In Law & Therefore The Entire Addition Is Liable To Be Deleted. Therefore, The Assessee Is Filing Herewith An Additional Ground Which Goes To The Root Of The Issue & No Fresh Investigation Of Facts Is Required. In View Of The Judgment Of The Hon'Ble Supreme Court In The Case Of Jute Corporation Of India Reported In 187 Itr Page 688 & National Thermal Power Corporation Reported In 229 Itr 383 The Additional Ground May Be Admitted. It Is Requested To Kindly Admit The Additional Grounds Which Are Enclosed Herewith.

…isions of the Apex court in the case of i) Jute Corporation of India Ltd. Vs CIT in 187 ITR 688 , ii) National Thermal Power Co. Ltd v. CIT [1998] 229 ITR 383 and also by the decision of Hon’ble Calcutta High Court in PCIT vs. Britannia Industries Ltd. [2017] 396 ITR 677 (Cal). Therefore, we are inclined to admit the same for adjudication. 4. In regard to the additional ground, ld.AR submitted that the assessee has filed its return of income u/s.139(1) of the Act on 15.10.2017 declaring total income at Rs.520/- The case of the assessee was selected for limited scrutiny and accordingly statutory notices were issue…

ST. THOMAS SYRO MALABAR CATHOLIC CHURCH,KOLKATA vs. CIT (EXEMPTION), , KOLKATA

In the result, the appeal of the assessee is partly allowed

…ions of the Apex court in\nthe case of i) Jute Corporation of India Ltd. Vs CIT in 187 ITR 688\nii) National Thermal Power Co. Ltd v. CIT [1998] 229 ITR 383 and\nalso by the decision of Hon'ble Calcutta High Court in PCIT vs.\nBritannia Industries Ltd. [2017] 396 ITR 677 (Cal). Therefore, we\nare inclined to admit the same for adjudication.\n4.\nAfter hearing the rival contentions and perusing the materials\navailable on record, we find that the assessee was registered u/s\n12AA of the Act from A.Y. 2020-21 on 03.10.2019. The assessee filed\nan application in form no.10A for provisional registration on\n23.03.202…

M/S. URBAN NIRMAN LLP,KOLKATA vs. ITO, WARD 12(1),, KOLKTA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am\Nand\Nshripradip Kumar Choubey, Jm\N\Nita No.1730/Kol/2025\N(Assessment Year: 2013-14)\N\Nm/S Urban Nirmal Llp\N3Rd Floor, Crescent Tower, 229,\Na.J.C. Bose Road, Minto Park,\Nkolkata-700020, West Bengal\N(Appellant)\Nvs.\Nito, Ward 12(1)\Naaykar Bhawan, P-7,\Nchowringhee Square, Kolkata-\N700069, West Bengal\N(Respondent)\N\Npan No. Aaefu9618G\Nassessee By\N:\Nshri Siddarth Jhajharia, Ar\Nrevenue By\N:\Nshri S.B. Chakraborthy, Dr\N\Ndate Of Hearing:\N09.10.2025\Ndate Of Pronouncement:\N11.12.2025\N\Norder\N\Nper Rajesh Kumar, Am:\N\Nthis Is An Appeal Preferred By The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter Referred To As The “Ld. Cit(A)"] Dated 24.03.2025 For The Ay 2013-14.\N\N2.\Nat The Outset, We Note That The Appeal Of The Assessee Is Barred By Limitation By 61 Days. At The Time Of Hearing The Counsel Of The Assessee Explained The Reasons For Delay In Filing The Appeal. The Ld. D.R Did Not Raise Any Objection In Condoning The Delay. After Hearing The Rival Contentions & Perusing The Materials Available On Record, We Find That The Delay Is For Bonafide & Genuine Reasons & Hence, We Condone The Delay & Adjudication Of The Appeal Is Done In The Following Para.\N\N3.\Nthe Assessee Has Raised An Additional Ground Before Us Which Is Against The Non-Issuance Of Notice U/S 143(2) Of The Act Thereby Rendering The Assessment Framed U/S 147 Read With Section 144/144B Of The Act Dated 31.03.2022, As Invalid & Nullity In The Eyes Of Law.\N\N3.

…cisions of the Apex court in the case of i) Jute Corporation of India Ltd. Vs CIT in 187 ITR 688, ii) National Thermal Power Co. Ltd v. CIT [1998] 229 ITR 383 and also by the decision of Hon'ble Calcutta High Court in PCIT vs. Britannia Industries Ltd. [2017] 396 ITR 677 (Cal). Therefore, we are inclined to admit the same for adjudication.\n\n4.\nThe facts in brief are that the assessee filed the original return of income on 29.09.2013, declaring total income of ₹20,56,820/-. The case of the assessee was selected through CASS for scrutiny and accordingly, the assessment was framed u/s 143(3) of the Act vide\n\nor…

ALBATROSS INVESTMENT PVT. LTD.,,KOLKATA vs. ITO, WARD 3(1),, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Albatross Investment Pvt. Ltd. Ito, Ward 3(1) 1, 7Th Floor, Room No.707, Aaykar Bhawan, P-7 British Indian Street, Chworinghee Square, Vs. Kolkata-700069, West Bengal Kolkata-700069, West Bengal (Appellant) (Respondent) Pan No. Aacca6069N Assessee By : Shri Sunil Surana, Ar Revenue By : Shri Pankaj Pandey, Dr Date Of Hearing: 14.10.2025 Date Of Pronouncement: 02.12.2025

…isions of the Apex court in the case of i) Jute Corporation of India Ltd. Vs CIT in 187 ITR 688 , ii) National Thermal Power Co. Ltd v. CIT [1998] 229 ITR 383 and also by the decision of Hon’ble Calcutta High Court in PCIT vs. Britannia Industries Ltd. [2017] 396 ITR 677 (Cal). Therefore, we are inclined to admit the same for adjudication. 4. The ld. AR submitted before us the facts in brief that the assessee has filed the return of income u/s 139(1) of the Act on 28.09.2013, declaring total income of ₹19,250/-. The case of the assessee was reopened u/s 147 of the Act by issuing notice u/s 148 of the Act on 24.0…