COMMISSIONER OF INCOME TAX, KOLKATA-II, KOLKATA vs. M/S. KESORAM IDUSTRIES LIMITED

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani & The Hon’Ble Justice Rajarshi Bharadwaj Date : 6Th May 2024. Appearance: Mr. Soumen Bhattacharjee, Advocate Mr. Ankan Das, Advocate … For The Appellant. Mr. J. P. Khaitan, Senior Advocate Ms. Nilanjana Banerjee Pal, Advocate. … For The Respondent. 1. Heard Sri Soumen Bhattacharjee, Learned Junior Standing Counsel For The Appellant & Sri J. P. Khaitan, Learned Senior Advocate Assisted By Sm. Nilanjana Banerjee Pal, Learned Counsel For The Respondent Assessee. 2. This Appeal Was Admitted By This Court By Order Dated 31St July 2013 On The Following Substantial Question Of Law:- “Whether On Facts & In The Circumstances Of The Case, The Learned Income Tax Appellate Tribunal Erred In Law In Setting Aside The Order Under Section 147 Of The Income Tax, 1961?”

assessments on the basis of "mere change of opinion", which cannot be per se reason to reopen. 6. We must also keep in mind the conceptual difference between power to review and power to reassess

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 order dated 30.3.2001, the assessee filed appeal before the CIT(A) which was allowed by order dated 20.11.2002 primarily on the ground that the reopening of the assessment

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)

assessment. The reasons for reopening were furnished and the assessee submitted their objections and the objections were disposed of by a speaking order. Thereafter, the 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)

assessment. The reasons for reopening were furnished and the assessee submitted their objections and the objections were disposed of by a speaking order. Thereafter, the reassessment

PRINCIPAL COMMISSIONER OF INCOME TAX 2 KOLKATA vs. GILLANDERS ARBUTHNOT AND CO LTD

Accordingly, the appeal fails and is dismissed

Bench: : The Hon'Ble The Chief Justice T.S Sivagnanam -A N D- Hon'Ble Justice Bivas Pattanayak Date : 8Th July, 2025.

reopening was initiated on the basis of new information received from ITO (Inv) much after the completion of regular assessment wherefrom the transactions in question were found to be bogus in nature? c) Whether on the facts and in the circumstances of the case, the Learned Tribunal was justified in law to quash the reassessment

PRINCIPAL COMMISSIONER OF INCOME TAX 5 MUMBAI vs. M/S VODAFONE IDEA LTD

In the result, the appeal (APO/2/2023) is allowed and

Bench: : The Hon’Ble Acting Chief Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 5Th April, 2023 Appearance : Mr. Pranit Bag Adv. Mr. Anujit Mookherji, Adv. ...For The Appellant Ms. Smita Das De, Adv. ...For The Respondent. The Court : This Intra-Court Appeal By The Writ Petitioner Is Directed Against The Order Dated 28Th November, 2022 In Wpo/2571/2022. The Appellant Had Filed The Writ Petition Challenging An Order Passed Under Section 148A(D) Of The Income Tax Act, 1961 (The ‘Act’) & The Consequential Notice Issued Under Section 148 Of The Act. The Learned Single Bench Dismissed The Writ Petition On The Ground That The Order Has Not Been Passed By An

reassessment proceedings. As pointed out earlier, the issue touching the jurisdiction of the Assessing Officer to reopen the assessment on the purported

COMMISSIONER OF INCOME TAX (LARGE TAX PAYERS UNIT),KOLKATA vs. M/S. CENTURY PLYBOARDS (INDIA)LTD

Accordingly, the appeal fails and the same stands dismissed

Bench: : The Hon’Ble Justice T.S. Sivagnanam A N D The Hon’Ble Justice Hiranmay Bhattacharyya Date: November 25, 2021. Appearance : Mr. Smarajit Roy Chowdhury, Adv. Mr. Sushil Kumar Mishra, Adv. … For The Appellant Mr. J. P. Khaitan, Sr. Adv. Mr. Swapna Das, Adv. Mr. Siddharth Das, Adv. … For The Respondent The Court : This Appeal Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The Act, In Brevity) Is Directed Against The Order Dated 13Th July, 2016 Passed By The Income Tax Appellate Tribunal “C” Bench, Kolkata In

reopening of the assessment as well as other issues. By placing reliance on the decision of the Hon’ble Supreme Court in the case of CIT vs. Kelvinator of India Limited reported in 320 ITR 561 (SC) the assessee contended that the Assessing Officer had no power to review and only he has power to reassess

PRINCIPAL COMMISSIONER OF INCOME TAX-9,KOLKATA vs. MANJU OSATWAL

In the result, the appeal filed by the revenue is dismissed and

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

reopen any assessment or reassessment made under the Income Tax Act, or the Wealth Tax 1957, or claim any set off or relief

M/S LEOPARD FINANCIERS PVT LTD. vs. ASSISTANT COMMISSIONER OF INCOME TAX

The appeals are dismissed

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 10Th May, 2022. Appearance:- Ms. Chandrani Das, Adv. Ms. Riti Basu, Adv.

reassessment proceeding was a clear case of change of opinion when the materials contained in the recorded reasons where already available with the department much before and also at the time of making the original assessment under section 143(3)? III) Whether, on the facts and in the circumstances of the case, the order of the Tribunal was clearly erroneous

M/S R R SONS TRADING COMPANY vs. ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-XVI, KOLKA

The appeals are dismissed

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 10Th May, 2022. Appearance:- Ms. Chandrani Das, Adv. Ms. Riti Basu, Adv.

reassessment proceeding was a clear case of change of opinion when the materials contained in the recorded reasons where already available with the department much before and also at the time of making the original assessment under section 143(3)? III) Whether, on the facts and in the circumstances of the case, the order of the Tribunal was clearly erroneous

PRINCIPAL COMMISSIONER OF INCOME TAX 9 KOLKATA vs. P L GOENKA HUF

Accordingly, the appeal filed by the revenue is allowed and the substantial

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

reassessment contemplated under Section 147 of the Act would include “borrowed information” and the same ought not to be mistaken with “borrowed satisfaction” as there exists a striking distinction between the two concepts. Hence, conclusion arrived at by 3 the Assessing Officer based upon his own satisfaction drawn from the information received from the investigation wing cannot be said

PRINCIPAL COMMISSIONER OF INCOME TAX 2 KOLKATA vs. PHILIPS INDIA LTD

Accordingly, the appeal fails and is dismissed

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

reopening of the assessment and the order of reassessment under section 147 of the Act was put to challenge. The learned

PRINCIPAL COMMISSIONER OF INCOME TAX 2 KOLKATA vs. SUBHALAXMI CHEM PVT LTD

Accordingly, the appeal fails and is dismissed

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

reopening of the assessment is bad in law. As observed earlier, the learned Tribunal has noted the facts as also taken note of the submissions made by the assessee as regards the documents which were placed by the assessee before the assessing officer during the reassessment

PRINCIPAL COMMISSIONER OF INCOME TAX 2 KOLKATA vs. ANCHITA PROPERTIES PVT LTD

Accordingly, the both appeals fail and are dismissed

Bench: : The Hon’Ble The Chief Justice T.S. Sivagnanam & The Hon’Ble Justice Chaitali Chatterjee (Das) Dated : 3Rd July, 2025 Appearance: Mr. Tilak Mitra, Adv. Mr. Amit Sharma, Adv...For Appellant

reopening of assessment under Section 147 of the Income Tax Act, 1961 2 by ignoring the findings of the Assessing Officer and the surrounding circumstances of the case? ii) Whether on the facts and in the circumstances of the case the Learned Tribunal was justified in law to quash the reassessment

PRINCIPAL COMMISSIONER OF INCOME TAX 2 KOLKATA vs. RAHUL PREMIER INDIA AGENCY PRIVATE LIMITED

Accordingly, the appeal fails and the same is dismissed

Bench: : The Hon'Ble The Chief Justice T.S Sivagnanam -A N D- Hon'Ble Justice Chaitali Chatterjee (Das) Date : 5Th August, 2025. Appearance : Mr. Aryak Datt, Adv. Mr. Prithu Dudhoria, Adv. …For Appellant.

assessment year 2013-14. The assessee has raised the following substantial questions of law for consideration : “1. Whether in facts and in the circumstances of the case the Ld.Income Tax Appellate Tribunal was not justified in law in quashing the reassessment order without considering the fact that the reopening

PRINCIPAL COMMISSIONER OF INCOME TAX 1 KOLKATA vs. TANUJ PROPERTIES PRIVATE LIMITED

The appeal stands disposed of with the above direction

Bench: : The Hon'Ble The Chief Justice T.S Sivagnanam -A N D- Hon'Ble Justice Chaitali Chatterjee (Das) Date : 14Th July, 2025.

reassessment proceedings, it is only necessary to determine whether there was some prima facie material or information on the basis of which the department could reopen the case ? 2. Whether the Learned Income Tax Appellate Tribunal has committed substantial error in law in quashing the reopening of the assessment

PRINCIPAL COMMISSIONER OF INCOME TAX 5 KOLKATA vs. MANOJ JAIN

Bench: HON'BLE JUSTICE RAJARSHI BHARADWAJ,HON'BLE JUSTICE UDAY KUMAR

reopening of assessment wherein it was stated in page 1 that the name of official mentioned is Shri Subrata Kumar Gauri whereas the said notice is not digitally or manually signed. The ld AR contended that the service of valid notice is a pre-condition to assume jurisdiction by the AO. Further it was submitted in para B that Shri

PRINCIPAL COMMISSIONER OF INCOME TAX 1 KOLKATA vs. M/S THE PEERLESS GENERAL FINANCE AND INVESTMENT CO LTD.

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

reopening of assessment order section 147 of the said Act as without issuing a notice under Section 143(2) since the assessee did not file any return in response to Notice under Section 148 of the Act despite well settled proposition of law that mere non-issuance of a Notice under Section 143(2) of the Act will not vitiate