PCIT v. Meenakshi Overseas Pvt. Ltd.

Shree Krishna Gyanodaya Flour Mills Pvt. Ltd., Kolkata vs. ACIT, Central Circle 4(3), Kolkata

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Shree Krishna Gyanodaya Acit, Central Circle 4(3) Flour Mills Pvt. Ltd. Aaykar Bhawan Poorva 15Th Floor, 46C, Chowringhee 110, Kolkata-700107, Vs. Road, Everest House, Kolkata- West Bengal 700071, West Bengal (Appellant) (Respondent) Pan No. Aahcs8774P Assessee By : Shri S.K. Tulsiyan, Ar Revenue By : Shri Sanat Kumar Raha, Dr Date Of Hearing: 01.12.2025 Date Of Pronouncement: 31.12.2025

…o the information received from outside sources before initiating the proceedings u/s 147 r.w.s 148 of the Act. In defense of his argument the ld. AR relied on the decisions namely Principal Commissioner of Income-tax-6 vs. Meenakshi Overseas (P.) Ltd. [2017] 395 ITR 677 (Delhi)[26-05-2017], Principal Commissioner of Income-tax-5 vs. Shodiman Investments (P.) Ltd. [2020] 422 ITR 337 (Bombay)[16-04-2018] and CIT, Delhi vs. Kelvinator of India Ltd. [2010] 320 ITR 561 (SC)/[2010] [18-01-2010] wherein it has held that reopening made on the basis of borrowed satisfaction cannot be sustained where the reasons failed to…

Deputy Commissioner of Income Tax, Central Circle-1(2), Kolkata vs. Siddheshwari Vyapaar Private Limited, Kolkata

In the result, appeal of the revenue is dismissed

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.2280/Kol/2025 (निर्धारणवर्ा/Assessment Years :2012-2013) Dcit, Central Circle-1(2), Vs Siddheshwarivyapaar Pvt Ltd Kolkata 2Nd Floor, 159, Ravindra Sarani Kolkata-700007 Pan No. :Aancs 2337 J (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) रधजस्वकीओरसे /Revenue By : Shri Sanat Kumar Raha, Cit-Dr निर्धाररतीकीओरसे /Assessee By : Shrisoumitra Choudhury & Rainak Jain, Advocates 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 Revenueagainst The Order Passed By The Ld. Cit(A), Kolkata-20, Dated 06.05.2025For The Assessment Year2012-2013. 2. The Appeal Of The Revenue Is Barred By 69 Days. Considering The Submissions Of The Ld. Cit-Dr & Looking To The Facts Of The Case, We Condone The Delay Of 69 Days In Filing The Present Appeal By The Revenue & The Appeal Is Admitted For Hearing. 3. The Only Issue Raised In This Appeal Is Against The Order Of The Ld. Cit(A) In Deleting The Addition Of Rs.6,82,00,000/- Made U/S.68 Of The Act On Account Of Unexplained Cash Credits Received From Shell Entities In The Guise Of Share Capital.

…rmation, that income has escaped assessment. Reopening cannot be justified by merely conducting an analysis of materials after the fact. It is further observed that following the decision of the High Court in the case of PCIT Vs. Meenakshi Overseas Pvt. Ltd. (395 ITR 677), the coordinate bench of the Tribunal in the case of RN Khemka Enterprise Pvt. Ltd. Vs. ITO (ITA No. 7244/Del/2019) dated 12.08.2021 held that if there is a non-application of mind in recording reasons, the Assessing Officer (AO) could not be said to have had reason to believe to justify the reopening of the assessment. While making this observa…

Mahak Doshi Legal Heir of Late Aditya Doshi, Kolkata vs. I.T.O., Ward - 2(1), Kolkata

Appeal of the assessee is allowed

Bench: SHRI RAJESH KUMAR (Accountant Member)

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH,KOLKATA SHRI RAJESH KUMAR, ACCOUNTANT MEMBER I.T.A. No.2075/Kol/2025 (Assessment Year 2011-12) Mahak Doshi, L/H of Aditya Doshi, 2A, 2nd Floor, 88A, Sarat Bose Road, Kolkata - 700026 [PAN: ADBPD4860H]..……..…...……………....Appellant vs. ITO, Ward 2(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata -700026................................. Respondent Appearances by: Assessee represented by : Sunil Surana, AR Department represented by : Monalisa Pal Mukherjee, Sr. DR Date of concluding the hearing : 18.12.2025 Date of pronouncing the order : 23.12.2025 O R D…

Aalekha Supply Pvt. Ltd., Kolkata vs. I.T.O., Ward - 4(3), Kolkata

Appeal of the assessee is allowed

Bench: SHRI RAJESH KUMAR (Accountant Member)

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH,KOLKATA SHRI RAJESH KUMAR, ACCOUNTANT MEMBER I.T.A. No.1286/Kol/2025 (Assessment Year 2013-14) Aalekha Supply Pvt. Ltd., 74, Bentick Street, Lal Bazar, Kolkata - 700001 [PAN: AACCA7068C] ..……..…...……………....Appellant vs. ITO Ward 4(3), Kolkata, P-7, Chowringhee Square, Esplanade, Chowringhee North, Bow Barracks – 700069 ................................ Respondent Appearances by: Assessee represented by : Miraj D Shah, AR Department represented by : Monalisa Pal Mukherjee, Sr. DR Date of concluding the hearing : 18.12.2025 Date of pronouncing the order : 23.12.2025…

Sushil Mitruka, Siliguri vs. DCIT, Circle 1, Siliguri

In the result, the appeal of the Revenue is dismissed and the appeals of the assessee are allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

…tion furnished by the Addl. DIT cannot form reasons leading to the belief by the Assessing Officer of any escapement of income.” 2.4. Similarly, Hon'ble Delhi High Court in case of Principal Commissioner of Income-tax-6 vs. Meenakshi Overseas (P.) Ltd. [2017] 395 ITR 677 (Delhi)[26-05-2017], has held that reopening made on the basis of borrowed satisfaction cannot be sustained where the reasons failed to demonstrate live link between the tangible material and formation of the reason to believe that the income has escaped assessment, as under:- “26. The first part of Section 147 (1) of the Act requires the AO to…

Sushil Mitruka, Darjeeling vs. DCIT, Circle 1, Siliguri

In the result, the appeal of the Revenue is dismissed and the appeals of the assessee are allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

…tion furnished by the Addl. DIT cannot form reasons leading to the belief by the Assessing Officer of any escapement of income.” 2.4. Similarly, Hon'ble Delhi High Court in case of Principal Commissioner of Income-tax-6 vs. Meenakshi Overseas (P.) Ltd. [2017] 395 ITR 677 (Delhi)[26-05-2017], has held that reopening made on the basis of borrowed satisfaction cannot be sustained where the reasons failed to demonstrate live link between the tangible material and formation of the reason to believe that the income has escaped assessment, as under:- “26. The first part of Section 147 (1) of the Act requires the AO to…

Sushil Mitruka, Darjeeling vs. DCIT, Circle 1, Siliguri

In the result, the appeal of the Revenue is dismissed and the appeals

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

…on furnished by the Addl. DIT cannot form reasons leading to the belief by the Assessing Officer of any escapement of income.” 2. 4. Similarly, Hon'ble Delhi High Court in case of Principal Commissioner of Income-tax-6 vs. Meenakshi Overseas (P.) Ltd. [2017] 395 ITR 677 (Delhi)[26-05-2017], has held that reopening made on the basis of borrowed satisfaction cannot be sustained where the reasons failed to demonstrate live link between the tangible material and formation of the reason to believe that the income has escaped assessment, as under:- “26. The first part of Section 147 (1) of the Act requires the AO to h…

DCIT, Circle-1, Siliguri vs. Sushil Mitruka, Siliguri

In the result, the appeal of the Revenue is dismissed and the appeals of the assessee are allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

…tion furnished by the Addl. DIT cannot form reasons leading to the belief by the Assessing Officer of any escapement of income.” 2.4. Similarly, Hon'ble Delhi High Court in case of Principal Commissioner of Income-tax-6 vs. Meenakshi Overseas (P.) Ltd. [2017] 395 ITR 677 (Delhi)[26-05-2017], has held that reopening made on the basis of borrowed satisfaction cannot be sustained where the reasons failed to demonstrate live link between the tangible material and formation of the reason to believe that the income has escaped assessment, as under:- “26. The first part of Section 147 (1) of the Act requires the AO to…

Sumangal Jewels P. Ltd., Kolkata vs. D.C.I.T., CC-4(3), Kolkata

Appeal of the assessee is allowed

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH,KOLKATA SHRI RAJESH KUMAR, ACCOUNTANT MEMBER I.T.A. No.2357/Kol/2024 (Assessment Year 2009-10) Sumangal Jewels Private Limited, C/o S.N. Ghosh & Associates, Advocates 2, Garstin Place, 2nd Floor, Suite No. 203, Off Hare Street, Kolkata- 700001 [PAN: AAMCS3293E] ..……..…...……………....Appellant vs. DCIT, Central Circle 4(3), Kolkata, Aayakar Bhawan Poorva, 110, Shantipally, 5th Floor, Eastern Metropolitian By Pass, Kolkata – 700107 ................................ Respondent Appearances by: Assessee represented by : Somnath Ghosh, Advocate Department represented by :…