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11 results for “reassessment”+ Section 10(10)(iii)clear

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Key Topics

Section 143(3)12Section 26311Section 153A8Section 1476Section 685Section 1515Reassessment5Section 271(1)(c)4Addition to Income4Section 260A

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

ITAT/71/2018HC Calcutta15 Nov 2021

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani

Section 142Section 143Section 143(3)Section 147Section 260A

III, KOLKATA VS M/S. WEST BENGAL FISHERIES CORPORATION LTD. BEFORE : THE HON’BLE JUSTICE SURYA PRAKASH KESARWANI AND THE HON’BLE JUSTICE RAJARSHI BHARADWAJ Date : 21st May 2024. Appearance: Mr. Soumen Bhattacharjee, Advocate Ms. Doyel Dey, Advocate … for the appellant. Mr. Ananda Sen, Advocate. Mr. Sabysaschi Mandal, Advocate … for the respondent. 1. Heard Sri Soumen Bhattacharjee, learned junior standing counsel

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

ITA/1/2014
3
Limitation/Time-bar2
Reopening of Assessment2
HC Calcutta
06 May 2024

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?”

Section 143(3)Section 147Section 36(1)(iii)

iii) of the Act inasmuch as the said assets have been acquired for the purposes of expansion of existing business of your petitioner and the findings of the Tribunal to this extent is unreasonable, arbitrary and perverse ?” 4. By judgement and order dated 5.1.2009 in the aforesaid ITA no. 322 of 2007 this Court answered the aforequoted substantial questions

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

ITAT/66/2018HC Calcutta09 Jul 2021

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani

Section 132(1)Section 132(4)Section 133ASection 139Section 153ASection 271(1)(c)Section 274

10), the impugned order of the ITAT deserves to be set aside. 14. Learned counsel for the respondent/assessee submits that the assessing officer has failed to initiate penalty proceedings under section 271(1)(c) of the Act, 1961 during the course of assessment proceeding and has not recorded that the assessee has concealed his income. 15. Therefore, the penalty

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

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

ITAT/96/2021HC Calcutta11 Feb 2022

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

For Appellant: Mr. Soumen Bhattacharjee, AdvFor Respondent: Ms. Swapna Das, Adv
Section 10(38)Section 133(6)Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 180Section 182Section 260ASection 263

iii) Whether the Learned Tribunal is perverse in our looking that it is the duty of the Tribunal to scratch surface and probe documentary evidence in depth in light of conduct of assessee and other surrounding circumstances in order to see whether the assessee is liable to provisions of Section 68 of the Income

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

Appeal stands dismissed

ITAT/219/2015HC Calcutta11 May 2022

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

Section 147Section 260ASection 263Section 68

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 and circumstances of the case, the Learned Tribunal is correct in law and on facts in holding that the order

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

The appeal is dismissed

ITAT/155/2025HC Calcutta14 Jan 2026

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

Section 143(3)Section 147Section 151Section 263Section 68

III. Whether the Learned Income Tax Appellate Tribunal has committed substantial error in law by deleting the addition of Rs. 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

PRINCIPAL COMMISSIONER OF INCOME TAX CENTRAL 2 KOLKATA vs. M/S. SALARPURIA PROPERTIES PVT LTD

The appeal is dismissed and the substantial

ITAT/157/2023HC Calcutta02 Aug 2023

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

Section 132Section 132ASection 143(3)Section 14ASection 153ASection 260

10, 2022 passed by the Income Tax Appellate Tribunal “A” Bench, Kolkata (the Tribunal) in I.T.A. No. 2094/Kol/2017 for the assessment year 2010-11. The revenue has raised the following substantial question of law for consideration :- “Whether in the facts and in the circumstances of the case the Tribunal was justified in law in deleting the addition made under

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

ITA/106/2018HC Calcutta17 Jan 2022

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

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

ITAT/128/2018HC Calcutta13 Dec 2021

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

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

ITAT/106/2018HC Calcutta26 Mar 2021

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

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

ITAT/108/2018HC Calcutta05 Feb 2021

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