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

reassessment. Section 191 places an embargo on the declarant to the effect that any amount of tax and surcharge paid under Section 181 or penalty paid under Section 182 in pursuance of a declaration under Section 180 shall not be refundable. Section 193 deals with declaration by misrepresentation of facts to be void. The said provision commences with

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

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani

reassessment proceeding was based on change of opinion. The findings recorded by the ITAT in 11 this regard in paragraphs 8, 9 and 10 of the impugned order are reproduced below:- “8. A perusal of the aforesaid reasons recorded by the Assessing Officer makes it abundantly clear that the assessment originally completed by him under section 143(3) was reopened

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?”

148 to 153. However, the use of this power is conditional upon the fact that the assessing officer has some reason to believe that the income has escaped assessment. The use of the words 'reason to believe' in Section 147 has to be interpreted schematically as the liberal interpretation of the word would have the consequence of conferring arbitrary powers

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 holding that there need not be profit in the export business for availing deduction under Section 80HHC. The Chartered Accountant of the assessee issued a certificate in Form 10CCAC computing deduction under Section 80HHC at Rs.3,54,167/-. In the said certificate it was mentioned against item no.6 – Export turnover of trading goods of Rs.26

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

148 dated 24.03.2018, the assessee filed its return of income declaring total income of Rs. 38,02,680/-. Subsequently, notices under Section 143(2) and 142(1) were issued and the case was discussed with the authorised representative of the assessee, written objections were also filed by the assessee. After perusal of the reply given by the assessee

PRINCIPAL COMMISSIONER OF INCOME TAX 2 KOLKATA vs. MANISH JAIN

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

reassessment proceedings by holding the same to be without jurisdiction without considering that notices under Section 148 and 143(2) of the Income Tax Act, 1961 were already issued by the ITO Ward-61(4), Kolkata prior to transfer of the case to ITO Ward-6(1

PRINCIPAL COMMISSIONER OF INCOME TAX 2 KOLKATA vs. MANISH JAIN

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

reassessment proceedings by holding the same to be without jurisdiction without considering that notices under Section 148 and 143(2) of the Income Tax Act, 1961 were already issued by the ITO Ward-61(4), Kolkata prior to transfer of the case to ITO Ward-6(1

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)

148 of the Act based on certain information alleged to have been received from DDIT (Investigation), Unit-4(2), Kolkata through their letter dated 27.2.2019 that the assessee had taken accommodation entry of Rs.2,48,50,000/- from Sandeep Roy, proprietor of M/s. Sarika Trading Company. Notices were issued under section 142(1) of the Act and on 15.11.2019 show

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

148 was issued to the assessee on 23.3.2019 and the assessee filed its return of income on 31.7.2018. Thereafter, notice under Section 143(2) of the Act was issued and served on the assessee on 6.8.2018 and subsequently, a notice under Section 142(1) of the Act along with the questionnaire was issued and served on the assessee

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.

reassessment proceeding without appreciating and considering the fact that the assessee had delved into fictitious and suspicious transaction failing thereby to establish the genuineness of the transaction? We have heard Mr. Amit Sharma, learned standing counsel appearing for the appellant/revenue and Mr. Pratyush Jhunjhunwala, learned counsel appearing for the respondent/assessee. The short issue which falls for consideration is whether

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)

148 of the Act for reopening the 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 proceedings were taken and they were completed making addition under section 69C of the Act on the ground of bogus purchases from Sancheti. The assessee preferred appeals

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)

148 of the Act for reopening the 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 proceedings were taken and they were completed making addition under section 69C of the Act on the ground of bogus purchases from Sancheti. The assessee preferred appeals

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

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 and/or make the reassessment null and void in the eye of law although notice under Section 143(1

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

1. Whether on the facts and in the circumstances of the case, the Learned Tribunal erred in law is not appreciating that the re-opening of assessment proceedings under section 148 of the Income Tax Act is legal and valid?” We have elaborately heard Mr. Smarajit Roy Chowdhury, learned standing counsel for the appellant/revenue and Mr. J.P. Khaitan, learned senior

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

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

reassessment proceeding was already invoked and completed on the basis of same information, impugned revision was unjustified. The relevant part of the order of the HOn‟ble Calcutta High Court is reproduced as under: “4. The short issue which falls for consideration in the instant case is whether the assumption of jurisdiction by the Principal Commissioner of Income Tax, Kolkata

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

reassessment proceedings and delete the addition of Rs. 1,51,00,000/- made on account of receipts from shell companies by way of accommodation entries to evade tax despite the fact that there were materials available on record to establish the live link/nexus between the assessee and accommodation entry provider? We have heard the learned Advocates for the parties. First

PRINCIPAL COMMISSIONER OF INCOME TAX 5 KOLKATA vs. MANOJ JAIN

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

Section 148 of the Act is invalid on three counts namely: i) Notice u/s 148 of the Act was issued by non- jurisdiction AO ii) Notice u/s 148 dated 28.03.2017 was unsigned by referring to page no 202 which is the copy of said notice. iii) That the reasons recorded by AO, Ward-35(4), Kolkata whereas the notice

M/S MAYUR VYAPAR 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.

1(Suppl.) IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE ITAT/25/2015 IA No:GA/1/2015 (Old No.:GA/534/2015) M/S. KUMAR TRADERS VERSUS ASSISTANT COMMISSIONER OF INCOME TAX ITAT/26/2015 IA No:GA/1/2015 (Old No.:GA/537/2015) M/S. R. R. SONS TRADING VERSUS ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-XVI, KOLKATA ITAT/28/2015 IA No:GA/1/2015 (Old No.:GA/532/2015