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computer assisted scrutiny selection

Assessment ProceduresSection 143(3)Section 143(3)128 judgments

RIDDHIMAN REALCON LLP (FORMERLY RIDDHIMAN REALCON PVT. LTD.,),KOLKATA vs. ITO, WARD 9(3),, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1735/KOL/2025[2012-2013]Status: DisposedITAT Kolkata15 Dec 2025AY 2012-2013

Bench: Shri Rajesh Kumar, Am\Nand\Nshripradip Kumar Choubey, Jm\N\Nita No.1735/Kol/2025\N(Assessment Year:2012-13)\Nriddhiman Realcon Llp\N(Formerly Riddhiman Realcon\Npvt. Ltd.)\N5/14/1, Canal East Road,\Nkolkata-700067, West Bengal\N(Appellant)\Nvs.\Nito, Ward 9(3)\Naaykar Bhawan, 5Th Floor, P-7,\Nchowringhee Square,\Nkolkata-700069, West Bengal\N(Respondent)\N\Npan No. Aafcr6253G\Nassessee By\N: Shri Somnath Ghosh, Ar\Nrevenue By\N: Shri S.B. Chakraborthy, Dr\N\Ndate Of Hearing:\Ndate Of Pronouncement:\N04.12.2025\N15.12.2025\N\Norder\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 12.06.2025 For The Ay 2012-13.\N\N2.\Nthe Only Issue Pressed At The Time Of Hearing Is Ground No.1, Which Is Extracted Below:-\N\N“For That The Ld. Commissioner Of Income Tax (Appeals), Nfac Failed To Appreciate That None Of The Conditions Precedents Existed For And/Or Were Fulfilled By The Ld. Income Tax Officer, Ward 4(3), Kolkata For His Specious Action Of Assuming Jurisdiction To Frame The Assessment Order U/S.143(3) Of The Income Tax Act, 1961 De Hors Any Notice U/S.143(2) Of The Act Issued By Him In The Present Facts & The Specious Assessment Order Dated 11.03.2015 Framed U/S.143(3) Of The Act Is Therefore Ab Initio Void, Ultra Vires & Ex-Facie Null In Law.\"\N\Npage 2\Nita No. 1735/Kol/2025\Nriddhiman Realcon Llp; A.Y. 2012-13\N\N2.

Section 142(1)Section 143(2)Section 143(3)Section 68

assessee filed the return of income on 24.01.2013, declaring total loss of ₹221/-. The case of the assessee was selected for scrutiny under Computer Assisted Scrutiny Selection (CASS). Accordingly, notice u/s 143(2) of the Act was issued on 07.08.2013, and notice u/s 142(1) of the Act was issued

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