THE COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION & TRA vs. JOY PARTNERSHIP MINING CENTRE

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani

1) of section 142. (5) Save as otherwise provided in this section, all other provisions of this Act shall apply to every assessee, being a company, mentioned in this section.]” 11. Section 115JB of the Act, 1961 starts with a non obstante clause and provides that where, in the case of an assessee, being a company, the income tax payable

COMMISSIONER OF INCOME TAX (EXEMPTION) , KOLKATA vs. B.P.PODDAR FOUNDATION FOR EDUCATION

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

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

1) of Section 148; the Assessing Officer may assess or reassess such income which he has reason to believe, has escaped assessment and also any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently, in the course of the proceedings under Section 147 and though the notice under Section 148 (2) does

PRINCIPAL COMMISSIONER OF INCOME TAX-1, KOLKATA vs. ARSHIA GLOBAL TRADECOM PRIVATE LIMITED

In the result, the appeal filed by the revenue is allowed

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

1) of the Act and not under Section 143(3) of the Act. The decision in Peass Industrial Engineers Private Limited was distinguished by stating that it was a case where the assessment was reopened within four years. Ultimately, the tribunal held the reopening of the assessment was bad in law since no allegation of failure on the part

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?”

10. It may also be mentioned that at the stage of the issue of notice the consideration which has to weigh is whether there is some relevant material giving rise to prima facie inference that some turnover has escaped assessment. The question as to whether that material in sufficient for making assessment or re-assessment under section

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

1 (Delhi) [FB] which was subsequently affirmed by the Hon’ble Supreme Court in the aforementioned decision. Taking note of the factual position namely, with regard to the proceedings initiated under Section 154 of the Act, the CIT(A) held that before the reassessment the opinion of the assessing officer underwent a series of changes from the original assessment order

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 proceedings even when intimation under Section 143(1) had been issued. 10. Bearing the above legal principles, we proceed

PRINCIPAL COMMISSIONER OF INCOME TAX CENTRAL 2 KOLKATA vs. PEARL TRACOM PVT LTD

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

1, 2025 T.S. SIVAGNANAM, CJ : This appeal by the income tax department has been filed under Section 260A of the Income Tax Act, 1961 (the Act) challenging the order dated November 10, 2023 passed by the Income Tax Appellate Tribunal “B” Bench, Kolkata (the Tribunal) in ITA/375/Kol/2023 for the assessment year 2012-13. 2 The revenue has raised the following

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

10 (SC) (State of Telengana and Others vs. Tirumala Construction) held that section 19 of the 101st Amendment did not prescribe any limitation for the legislation but circumscribed a time limit. 16. Learned Advocate General has contended that, the State was within its powers to amend the Entry Tax Act, 2012 by the West 19 Bengal Finance Act, 2017. Referring

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

10 (SC) (State of Telengana and Others vs. Tirumala Construction) held that section 19 of the 101st Amendment did not prescribe any limitation for the legislation but circumscribed a time limit. 16. Learned Advocate General has contended that, the State was within its powers to amend the Entry Tax Act, 2012 by the West 19 Bengal Finance Act, 2017. Referring

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

10 (SC) (State of Telengana and Others vs. Tirumala Construction) held that section 19 of the 101st Amendment did not prescribe any limitation for the legislation but circumscribed a time limit. 16. Learned Advocate General has contended that, the State was within its powers to amend the Entry Tax Act, 2012 by the West 19 Bengal Finance Act, 2017. Referring

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

10 (SC) (State of Telengana and Others vs. Tirumala Construction) held that section 19 of the 101st Amendment did not prescribe any limitation for the legislation but circumscribed a time limit. 16. Learned Advocate General has contended that, the State was within its powers to amend the Entry Tax Act, 2012 by the West 19 Bengal Finance Act, 2017. Referring

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)

1) and for the other two years namely, AY 2012-13 and 2013-14 they were selected for scrutiny and assessments were framed under section 143(3) of the Act. It appears that the Assessing Officer receiving information from the Investigation Wing, Mumbai about suspicious business activities of M/s. Sancheti Diamonds Pvt. Ltd. (hereinafter referred to as ‘Sancheti’) which

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)

1) and for the other two years namely, AY 2012-13 and 2013-14 they were selected for scrutiny and assessments were framed under section 143(3) of the Act. It appears that the Assessing Officer receiving information from the Investigation Wing, Mumbai about suspicious business activities of M/s. Sancheti Diamonds Pvt. Ltd. (hereinafter referred to as ‘Sancheti’) which

PRINCIPAL COMMISSIONER OF INCOME TAX -4, KOLKATA vs. GRAPHITE INDIA LTD

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

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : August 02, 2022. Appearance : Mr. Aryak Dutta, Adv ….For Appellant Mr. Somak Basu, Adv. …For Respondent The Court : This Appeal By The Revenue Filed Under Section 260A Of The Income Tax Act, 1961 (The Act) Is Directed Against The Order Dated 8Th January, 2016 Passed By The Income Tax Appellate Tribunal “B” Bench, Kolkata (Tribunal) In I.T.A. No. 398/Kol/2008 & I.T.A. No. 537/Kol/2008 For The Assessment Year 2000-2001 Respectively. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration :- I) Whether On The Facts & In The Circumstances Of The Case The Learned Tribunal Was Justified In Law In Quashing The Order Passed Under Section 147 Of The Said Act Despite The Fact That There Was Failure On The Part Of The Assessee To Disclose Material Facts In The

1) of the Act dated 10th December, 2002 and on 13th January, 2003. There were, therefore, three issues which were raised by the assessing officer and one such issue pertains to the basis of realizable market value for claim of deduction under 3 Section 80IA of the Act. In response to the said notices the assessee had submitted a reply

PRINCIPAL COMMISSIONER OF INCOME TAX 5 KOLKATA vs. RAMOTAR CHOUDHARI HUF

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

10, 2023, by the learned Commissioner of Income Tax-V, Kolkata, the Commissioner should have considered the same materials which were considered by the Assessing Officer during the re-assessment proceeding. It is further submitted by him that the learned Tribunal failed to consider that the documents considered in the re-assessment proceedings, based on the same set of information

JNJ FINANCE COMPANY PVT LTD. vs. COMMISSIONER OF INCOME TAX, KOLKATA-I

Appeal stands dismissed

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 11Th May, 2022. Appearance : Ms. Swapna Das, Adv. Mr. Siddhartha Das, Adv. …For Appellant Ms. Smita Das De, Adv. …For Respondent The Court : This Appeal By The Assessee Filed Under Section 260A Of The Income Tax Act, 1961 (The Act For Brevity) Is Directed Against The Order Dated August 10, 2015, Passed By The Income Tax Appellate Tribunal “B” Bench, Kolkata In I.T.A. No. 888/Kol/2014 For The Assessment Year 2008- 09. The Assessee Has Raised The Following Substantial Questions Of Law For Consideration :- I) Whether On The Facts & Circumstances Of The Case, The Learned Tribunal Is Correct In Law & On Facts In Holding That The Order Dated 27.12.2010 Passed In Pursuance Of The Proceedings U/S 147 On Specific Issue & Wherein The Subject Matter Of The Share

1 BEFORE : THE HON’BLE JUSTICE T.S. SIVAGNANAM And THE HON’BLE JUSTICE HIRANMAY BHATTACHARYYA Date : 11th May, 2022. Appearance : Ms. Swapna Das, Adv. Mr. Siddhartha Das, Adv. …for appellant Ms. Smita Das De, Adv. …for respondent The Court : This appeal by the assessee filed under Section 260A of the Income Tax Act, 1961 (the Act for brevity) is directed

PRINCIPAL COMMISSIONER OF INCOME TAX 2 KOLKATA vs. M/S DANIEL COMMODITIES PRIVATE LIMITED

The appeal is dismissed

Bench: : The Hon'Ble Justice Rajarshi Bharadwaj & The Hon’Ble Justice Uday Kumar Date : 14Th January, 2026

10,60,00,000/- made by the Assessing Officer as unexplained cash credit under section 68 of the Act? IV. Whether the Learned Income Tax Appellate Tribunal has committed substantial error in law in not taking the cognizance of the judicial principles laid down in the matter of Vedanta Ltd vs CIT reported in [2021] 124 taxmann.com 435(Bombay) wherein

PRINCIPAL COMMISSIONER OF INCOME TAX 9 KOLKATA vs. BINOD KUMAR TEKRIWAL

In the result, the appeals filed by the revenue are allowed and the

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Bivas Pattanayak Date : 15Th July, 2022. Appearance :- Mr. Soumen Bhattacharjee, Adv. ….For Appellant

1) Whether on the facts and in the circumstances of the case and in law the Learned Income Tax Appellate Tribunal erred in quashing the order passed by the PCIT-10, Kolkata u/s. 263 of the Act ? 2) Whether on the facts and in the circumstances of the case and in law the Learned Income Tax Appellate Tribunal is perverse