“Section 263(2)”

NATURE COMMERCIAL PVT LTD,DELHI vs. ITO, WARD-2(1), KOLKATA, KOLKATA

In the result, appeal of the assessee stands allowed

{ "clean_text": "IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, KOLKATA\n[Before Shri Rajesh Kumar, AM& Shri Pradip Kumar

M/S. REGAL VINCOM PVT. LTD.,KOLKATA vs. D.C.I.T., CC - 2(2), KOLKATA, KOLKATA

In the result, appeal of the assessee stands allowed

Bench: Shri Rajesh Kumar, Am & Shri Sonjoy Sarma, Jm]

263 of the Act which is invalid for two reasons – (i) the proceedings are time barred in terms of section 263(2) of the Act and (ii) that the order passed by the Assessing Officer is neither erroneous nor prejudicial to the interest of the revenue. 3. The facts ... have elapsed since the passing of the order u/s. 143(1), therefore, the same is barred by limitation in terms of provisions of section 263(2) of the Act. The Ld. AR in defense of his argument relied on the decision of of Hon’ble Apex Court in PCIT

USUF TRADING CO.,,MURSHIDABAD vs. PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA - 1,, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Principal Commissioner Of Income Tax, Kolkata - 1, Usuf Trading Co., Office Of The Income Tax Officer, Near Railway Station, Dhuliyan Ward - 42(1), Murshidabad, 39, Jangipur, Murshidabad, Vs. R.N. Tagore Road, Behrampur, West Bengal, 742202 Murshidabad, West Bengal, 742101 (Appellant) (Respondent) Pan No. Aacfu4764B Assessee By : Shri S.K. Tulsiyan, Ar Revenue By : Shri Sanat Raha, Cit (Dr) Date Of Hearing: 07.05.2025 Date Of Pronouncement : 13.05.2025

Commissioner of Income Tax (in short ‘the ld. PCIT’), which is invalid and is barred by limitation in terms of Provisions of Section 263(2) of the Act also. 03. The facts in brief are that the return of income was filed on 24.10.2017, declaring a total income

MCLEOD RUSSEL INDIA LTD.,KOLKATA vs. PCIT, KOLKATA - 2, KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.1136/Kol/2024 (नििाारण वर्ा / Assessment Year : 2015-2016) Mcleod Russel India Limited, Vs Pr.Cit, Kolkata-2 Four Mangoe Lane, Surendra Mohan Ghosh Sarani, Kolkata-700001 Pan No. :Aaace 6918 J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri N.S.Saini, Ar & Ms. Priyanka Salarpuria, Ar राजस्व की ओर से /Revenue By : Shri P.N.Barnwal, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 20/02/2025 घोषणा की तारीख/Date Of Pronouncement : 24/04/2025 आदेश / O R D E R Per Rajesh Kumar, Am : This Is An Appeal Filed By The Assessee Against The Order Dated 30.03.2024, Passed By The Ld. Pr.Cit, Kolkata-2, U/S.263 Of The Act For The Assessment Year 2015-2016 On The Following Grounds :- 1. On The Facts & In Circumstances Of The Case As Well As Law On The Subject, The Learned Pr. Cit Has Erred In Passing The Order U/S 263 By Invoking Of Section 263 Of The Act, Although The Assessment Order Passed U/S. 147 R.W.S. 143(3) Of The I. T. Act, 1961 Was Neither Erroneous Nor Prejudicial To The Interest Of The Revenue. 2. For That On The Facts & In The Circumstances Of The Case & In Law, The Reassessment Order For A.Y. 2015-16 Which Is Sought To Be Revised By The Ld. Pcit U/S 263 Had Neither Considered The Issue Of Eligibility For Deduction U/S 801E Of The 1.T. Act In The Reassessment Proceedings Nor The Reopening Of The Assessment Made On That Ground. Therefore, The Issue Does Not Arise Out Of The Order Passed U/S 147 Of The 1.T. Act, 1961. 3. For That On The Facts Of The Case & Law, The Issue Of Notice U/S 263 Of The Act On The Ground That The Assessee Company

आयकर अपीलीय अधिकरण, “बी” न्यायपीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, KOLKATA BEFORE SHRI RAJESH KUMAR, ACCOUNTANT