PRINCIPAL COMMISSIONER OF INCOME TAX 13,KOLKATA vs. SUNIL KUMAR AGARWAL HUF
The appeal stands disposed of in terms of
ITAT/54/2022HC Calcutta29 Aug 2022
Bench: : The Hon’Ble Acting Chief Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 26Th April, 2023 Appearance : Mr. Soumen Bhattacharyya, Adv. … For Appellant Mr. Avra Mazumder, Adv. Mr. Samrat Das, Adv. Mr. Suman Bhowmick, Adv. … For Respondent The Court : This Appeal Has Been Filed By The Revenue Challenging The Order Passed By The Income Tax Appellate Tribunal. The Legal Issue Involved In The Instant Case Is The Scope Of Assessment Under Section 153A Of The Income Tax Act. The Legal Issue Which Has Been Raised By The Revenue Has Been Answered By The Hon’Ble Supreme Court In The Case Of Principal Commissioner Of Income Tax, Central-3 Vs. Abhisar Buildwell [P] Ltd. Reported In [2023] 149 Taxmann.Com 399 [Sc]. The Hon’Ble Supreme Court Has Summarised The Legal Position In Paragraph 11 Of The Judgment & In Paragraph 13 The Hon’Ble Supreme Court Has Held That It Is An Agreement With A View Taken By The Delhi High Court In The Case Of Commissioner Of Income Tax [Central]-Iii Vs. Kabul
Section 132Section 132ASection 153A
2
Chawla reported in [2016] 380 ITR 573 [Delhi] and that of the High Court of
Gujarat in the case of Principal Commissioner of Income Tax-4 vs. Saumya
Construction reported in [2016] 387 ITR 529 [Gujarat]. In the penultimate
paragraph of the judgment namely, in paragraph 14 the conclusion has been
recorded, which is as follows :
“14. In view