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8 results for “reassessment”+ Section 23clear

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Key Topics

Section 1478Section 271(1)(c)4Section 153A4Section 80I3Section 260A2Section 133A2Section 142(1)2Section 132(4)2Reopening of Assessment2

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

ITA/1/2014HC Calcutta06 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)

reassessment proceedings. If a conscious application of mind is made to the relevant facts and material available or existing at the relevant point of time while making the assessment and again a different or divergent view is reached, it would tantamount to "change of opinion". If the assessing Authority forms an opinion during the original assessment proceedings on the basis

Addition to Income2
Survey u/s 133A2
Deduction2

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

reassessment of escaped income, and which he intends to taken into accounts, he would be required to issue a fresh notice under Section 148. 12. The decision in Jet Airways was followed in Lark Chemicals (P) Limited, which decision was affirmed by the Hon’ble Supreme Court as SLP stood dismissed, reported in (2018) 99 Taxman.com 312 (SC). Yet again

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

23 penalty proceedings by the assessing officer during the course of assessment proceedings. 25. In D.M. Manasvi vs. Commissioner of Income Tax, Gujarat-II, Ahmedabad reported in 1973 (3) SCC 207 (pragraphs 8, 10 & 11), the Hon’ble Supreme Court observed that issuance of notice to assessee under Section 274 is a consequence of prima facie satisfaction reached

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

23, 2017. By an order dated March 21, 2017 Supreme Court had dismissed TP (C) 291 of 2017 and directed the High Court to proceed with the matter in accordance with the law and in light of the judgement passed in Jindal Stainless Ltd (supra). 50. State of West Bengal had promulgated the West Bengal Finance Act, 2017 on March

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

23, 2017. By an order dated March 21, 2017 Supreme Court had dismissed TP (C) 291 of 2017 and directed the High Court to proceed with the matter in accordance with the law and in light of the judgement passed in Jindal Stainless Ltd (supra). 50. State of West Bengal had promulgated the West Bengal Finance Act, 2017 on March

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

23, 2017. By an order dated March 21, 2017 Supreme Court had dismissed TP (C) 291 of 2017 and directed the High Court to proceed with the matter in accordance with the law and in light of the judgement passed in Jindal Stainless Ltd (supra). 50. State of West Bengal had promulgated the West Bengal Finance Act, 2017 on March

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

23, 2017. By an order dated March 21, 2017 Supreme Court had dismissed TP (C) 291 of 2017 and directed the High Court to proceed with the matter in accordance with the law and in light of the judgement passed in Jindal Stainless Ltd (supra). 50. State of West Bengal had promulgated the West Bengal Finance Act, 2017 on March

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

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

ITAT/207/2016HC Calcutta02 Aug 2022

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

Section 142(1)Section 147Section 260ASection 80I

23 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE ITAT/207/2016 IA NO: GA/1/2016 (OLD NO. GA/2156/2016) PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-4, KOLKATA VS. GRAPHITE INDIA LIMITED BEFORE : THE HON’BLE JUSTICE T.S. SIVAGNANAM And THE HON’BLE JUSTICE HIRANMAY BHATTACHARYYA Date : AUGUST 02, 2022. Appearance : Mr. Aryak Dutta, Adv ….for appellant Mr. Somak Basu