Punjab Tractors Ltd. v. Jt. CIT

ITO, WD.9(1), KOLKATA vs. M/S MAHARAJ VINCOM PVT. LTD., KOLKATA

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.35/Kol/2021 Assessment Year: 2009-10 Ito, Ward-9(1), Kolkata……………….......................…...……………....Appellant Vs. M/S Maharaj Vincom Pvt. Ltd……............…..........................…..…..... Respondent 69, Jamunalal Bajaj Street, Kolkata- 700007. [Pan: Aafcm6496E] C.O. No.6/Kol/2023 (A/O I.T.A. No.35/Kol/2021) Assessment Year: 2009-10 M/S Maharaj Vincom Pvt. Ltd……............…..........................…....... Cross-Objector 69, Jamunalal Bajaj Street, Kolkata- 700007. [Pan: Aafcm6496E] Vs Ito, Ward-9(1), Kolkata …………..….......................…...……………....Respondent Appearances By: Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Assessee. Shri Abhijit Kundu, Cit-Dr, Appeared On Behalf Of The Department. Date Of Concluding The Hearing : March 07, 2024 Date Of Pronouncing The Order : May 15, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: This Appeal By The Revenue & Corresponding Cross-Objection By The Assessee Have Been Preferred Against The Order Dated 08.09.2020 Of The Commissioner Of Income Tax (Appeals)-7, Kolkata (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’).

…a specified amount of money will become due and payable as the proper tax in that case". 9. A 'clearance' or notice or intimation under section 143(1) of the Act clearly falls beyond the parameters of this definition. In Punjab Tractors Ltd. v. Jt. CIT [2002] 254 ITR 242 (Punj. & Har.) it was opined that it is not necessary that assessment should have been finalised under section 143(3) before it can be 'reopened' under section 147, since an intimation under section 143(1) operates an order of assessment unless the Assessing Officer proceeds to give notice under section 143(2) and passes an order under section 14…

I.T.O WD - 55(1),KOLKATA, KOLKATA vs. DR. DR SUDHIR KUMAR GHOSH, KOLKATA

In the result, Revenue’s appeal stands dismissed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year :2009-10

…of the Act. So there is no difference whether the income is assessed u/s 143(3)/147/144 of the Act. In support of his claim Ld. DR has further relied in the decision of Hon’ble High Court of Punjab & Haryana in the case of Punjab Tractors Ltd. Vs. JCIT (2002) 254 ITR 242 wherein it was held as under : ITA No.2330/Kol/2013 A.Y. 2009-10 ITO Wd-55(1) Kol. v. Dr. Sudhir Kr. Ghosh Page 4 “that the assessment for the relevant year was completed vide intimation under s. 143(1) and even an appeal was filed there against— Therefore, it cannot be said that assessment was not made—Intimation under s. 143(1) operates as an…