COMMISSIONER OF INCOME TAX (IT & TP) vs. M/S. DONGFANG ELECTRIC CORPORATION

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani

business expenses and, accordingly, disclosed additional income pursuant to the search in the assessment year 2006-07. Thus, a total sum of Rs.4,99,00,000/- was admitted as undisclosed income in the assessment year 2006-07 which forms part of total disclosure of Rs.27 crores of the Group made under section 132(4) of the Act, 1961. 5. Similarly

PRINCIPAL COMMISSIONER OF INCOME TAX 2 KOLKATA vs. M/S PURPLE SUPPLIERS PVT LTD

The appeals are dismissed and the substantial

Bench: THE HON'BLE THE CHIEF JUSTICE T.S SIVAGNANAM,HON'BLE JUSTICE CHAITALI CHATTERJEE (DAS)

business activities. The question would be whether the Assessing Officer had reason to believe that income has escaped assessment on account of the failure of the assessee to fully and truly disclose all relevant particulars for the purposes of assessment. For this purpose we are required to examine the reasons for reassessment

PRINCIPAL COMMISSIONER OF INCOME TAX 2 KOLKATA vs. M/S PURPLE SUPPLIERS PVT LTD

The appeals are dismissed and the substantial

Bench: THE HON'BLE THE CHIEF JUSTICE T.S SIVAGNANAM,HON'BLE JUSTICE CHAITALI CHATTERJEE (DAS)

business activities. The question would be whether the Assessing Officer had reason to believe that income has escaped assessment on account of the failure of the assessee to fully and truly disclose all relevant particulars for the purposes of assessment. For this purpose we are required to examine the reasons for reassessment

PRINCIPAL COMMISSIONER OF INCOME TAX 2 KOLKATA vs. RAM RATAN MODI

Bench: HON'BLE T.S. SIVAGNANAM, ACTING CHIEF JUSTICE,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

income as disclosed in the block return and the transactions in the bank account of PEL and KEW and the transactions in these two bank accounts are independent of the disclosure made by the assessee in the block return. Further it was stated that as discussed in the block assessment order dated 28.11.1997 in the case of Shaw Wallace

PRINCIPAL COMMISSIONER OF INCOME TAX 2 KOLKATA vs. M/S OSL DEVELOPERS PVT LTD

Accordingly, the appeal fails and is dismissed

Bench: : The Hon’Ble Justice T.S. Sivagnanam

reassessment order dated 25.03.2014 u/s. 263/143(3) for the AY 2008-09. As noted, the jurisdiction over the appellant’s case initially was vested with the ITO Ward-5(3) Kolkata, since the territorial jurisdiction over area or limits of area, where assessee’s principal office of business was situated. The vesting of jurisdiction with the said officer

PRINCIPAL COMMISSIONER OF INCOME TAX 1 KOLKATA vs. M/S K M KHADIM AND CO

Bench: : The Hon’Ble The Chief Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 17Th July, 2023 Appearance : Ms. Smita Das De, Adv. Mr. Amit Sharma, Adv. …For Appellant The Court : This Appeal Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The Act) Is Directed Against The Order Dated 21.12.2022 Passed By The Income Tax Appellate Tribunal, “B” Bench, Kolkata (The Tribunal) In Ita/278/Kol/2022 For The Assessment Year 2014-15. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration : 1. Whether On The Facts Of The Case & In Law, The Learned Tribunal Was Justified In Quashing The Order Under Section 263 Of The Said Act Ignoring The Fact That The Assessing Officer In His Order Under Section 143[3] Read With Section 263 Dated 23.12.2019 Concluded That Rs.3,63,122/- Should Be Added As

business and (b) interest free advances given by the assessee. Pursuant to the order passed under Section 263, the Assessing Officer took up the matter for consideration and completed the assessment under Section 143(3) of the Act by order dated 23.12.2019 determining the total income at Rs.17,70,850/- and raising the total demand of Rs.5,47,192/-. Thereafter

AI CHAMPDANY INDUSTRIES LTD. vs. COMMISSIONER, INCOME TAX, CENTRAL - II KOLKATA , WEST BENGAL

In the result, we find that the order of the

Bench: : The Hon’Ble Justice T.S. Sivagnanam

reassessment proceedings are perverse and based on no material whatsoever and was arrived at ignoring the relevant materials on record in particular its own order in the rectification proceedings and 2 the various orders passed by Assessing Officer increasing or reducing the relief under Section 80HHC of the Act? ii) Whether the purported assessment proceedings initiated by the Tribunal

PRINCIPAL COMMISSIONER OF INCOME TAX-17, KOLKATA vs. M/S. RADHASHYAM TIRTHABASI PAUL

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

business of such dealer or importer other than a dealer;” 77. Section 5 of the West Bengal Finance Act, 2017 is as follows: – “5. In the West Bengal Tax on Entry of Goods into Local Areas Act, 2012,- in section 4, in sub-section (5), for clause (b) and clause (c), the following clause shall be deemed to have been

PRINCIPAL COMMISSIONER OF INCOME TAX -2, KOLKATA vs. M/S. AGR AUTOMOBILES PVT LTD

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

business of such dealer or importer other than a dealer;” 77. Section 5 of the West Bengal Finance Act, 2017 is as follows: – “5. In the West Bengal Tax on Entry of Goods into Local Areas Act, 2012,- in section 4, in sub-section (5), for clause (b) and clause (c), the following clause shall be deemed to have been

PRINCIPAL COMMISSIONER OF INCOME TAX-1, KOLKATA vs. LAST PEAK DATA PRIVATE LIMITED

Bench: HON'BLE JUSTICE RAJESH BINDAL, CHIEF JUSTICE (ACTING),HON'BLE JUSTICE ANIRUDDHA ROY

business of such dealer or importer other than a dealer;” 77. Section 5 of the West Bengal Finance Act, 2017 is as follows: – “5. In the West Bengal Tax on Entry of Goods into Local Areas Act, 2012,- in section 4, in sub-section (5), for clause (b) and clause (c), the following clause shall be deemed to have been

PRINCIPAL COMMISSIONER OF INCOME TAX-1, KOLKATA vs. PARAMOUNT PROPERTIES & ESTATE DEVELOPMENT LIMITED

Bench: HON'BLE JUSTICE RAJESH BINDAL, CHIEF JUSTICE (ACTING),HON'BLE JUSTICE ANIRUDDHA ROY

business of such dealer or importer other than a dealer;” 77. Section 5 of the West Bengal Finance Act, 2017 is as follows: – “5. In the West Bengal Tax on Entry of Goods into Local Areas Act, 2012,- in section 4, in sub-section (5), for clause (b) and clause (c), the following clause shall be deemed to have been