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10 results for “reassessment”+ Section 10(14)(ii)clear

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Key Topics

Section 143(3)10Section 153A8Section 1476Section 1434Section 271(1)(c)4Addition to Income4Section 260A3Reassessment3Section 143(2)2

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

ii) of sub-section (1) of section 72 or section 73 or section 74 or sub-section (3) of section 74A. (4) Every company to which this section applies, shall furnish a report in the prescribed form from an accountant as defined in the Explanation below sub-section (2) of section 288, certifying that the book profit has been computed

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

ITA/1/2014
Section 142(1)2
Exemption2
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)

II) in which the following substantial questions of law was framed :- “Whether on the facts and circumstances of the instant case, the Tribunal is justified in disallowing the sum of Rs.28,89,56,562/- paid as interest on borrowed capital for acquisition of fixed assets under Section 36(1)(iii) of the Act inasmuch as the said assets have been

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

ITAT/143/2021HC Calcutta13 Sept 2022

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

Section 11(5)Section 13(1)(b)Section 13(1)(c)Section 13(1)(d)Section 133ASection 142(1)Section 143Section 143(2)Section 147Section 148

ii) and Section 13(1)(d) of the Act., for such reason the assessment was reopened under Section 147 of the Act by issuance of notice under Section 148 dated 13.03.2016. Subsequently, notices under Section 143(2) and Section 142(1) were issued. Pursuant to such notices the assessee through their authorized representative appeared before the Assessing Officer and produced

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

ii) Whether the Learned Tribunal has committed substantial error in law in holding that the order under Section 263 of the Act was without jurisdiction as such as the items of addition directed by the Learned Principal Commissioner of Income Tax was part of IDS, 2016 and not part of order under Section 143(3) of the Act? iii) Whether

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 orders

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

14. Referring to the writ petitions directed against the orders of the learned tribunal, learned Advocate general has contended that the learned tribunal erred in fact and law. He has pointed out that the Entry Tax Act was promulgated on April 1, 2012. Learned Single Judge had struck down the Entry Tax Act on June 24, 2013 but granted stay

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

14. Referring to the writ petitions directed against the orders of the learned tribunal, learned Advocate general has contended that the learned tribunal erred in fact and law. He has pointed out that the Entry Tax Act was promulgated on April 1, 2012. Learned Single Judge had struck down the Entry Tax Act on June 24, 2013 but granted stay

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

14. Referring to the writ petitions directed against the orders of the learned tribunal, learned Advocate general has contended that the learned tribunal erred in fact and law. He has pointed out that the Entry Tax Act was promulgated on April 1, 2012. Learned Single Judge had struck down the Entry Tax Act on June 24, 2013 but granted stay

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

14. Referring to the writ petitions directed against the orders of the learned tribunal, learned Advocate general has contended that the learned tribunal erred in fact and law. He has pointed out that the Entry Tax Act was promulgated on April 1, 2012. Learned Single Judge had struck down the Entry Tax Act on June 24, 2013 but granted stay

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 Section