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8 results for “reassessment”+ Section 36clear

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Key Topics

Section 26311Section 1475Section 143(3)4Section 271(1)(c)4Section 153A4Reassessment3Section 260A2Section 132(4)2Exemption2Addition to Income

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)

36(1)(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

2

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

reassessment shall be deemed to constitute satisfaction of the Assessing Officer for initiation of the penalty proceedings under the said clause (c)." By the aforesaid deeming provision a legal fiction is created. When the assessment order contains a direction for initiation of penalty proceedings such order shall deem to constitute satisfaction of the Assessing Officer for initiation of penalty proceedings

PRINCIPAL COMMISSIONER OF INCOME TAX 9 KOLKATA vs. P L GOENKA HUF

Accordingly, the appeal filed by the revenue is allowed and the substantial

ITAT/241/2024HC Calcutta06 May 2025

Bench: THE HON'BLE THE CHIEF JUSTICE T.S SIVAGNANAM,HON'BLE JUSTICE CHAITALI CHATTERJEE (DAS)

For Appellant: Mr. Tilak Mitra, AdvocateFor Respondent: None
Section 144BSection 147Section 260A

Section 260A of the Income Tax Act, 1961 (the Act) is directed against the order dated February 09, 2024 passed by the Income Tax Appellate Tribunal “SMC” Bench, Kolkata (the Tribunal) in ITA/412/Kol/2023 for the assessment year 2013-14. 2. The revenue has raised the following substantial questions of law for consideration : (a) Whether on the facts

PRINCIPAL COMMISSIONER OF INCOME TAX 1 KOLKATA vs. M/S K M KHADIM AND CO

ITAT/148/2023HC Calcutta17 Jul 2023

Bench: : The Hon’Ble The Chief Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 17Th July, 2023 Appearance : Ms. Smita Das De, Adv. Mr. Amit Sharma, Adv. …For Appellant The Court : This Appeal Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The Act) Is Directed Against The Order Dated 21.12.2022 Passed By The Income Tax Appellate Tribunal, “B” Bench, Kolkata (The Tribunal) In Ita/278/Kol/2022 For The Assessment Year 2014-15. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration : 1. Whether On The Facts Of The Case & In Law, The Learned Tribunal Was Justified In Quashing The Order Under Section 263 Of The Said Act Ignoring The Fact That The Assessing Officer In His Order Under Section 143[3] Read With Section 263 Dated 23.12.2019 Concluded That Rs.3,63,122/- Should Be Added As

Section 143Section 143(3)Section 260ASection 263

Section 263 dated 23.12.2019 concluded that Rs.3,63,122/- should be added as 2 interest free advance but in the computation part added Rs.3,36,122/- thus making the order erroneous ? 2. Whether in the facts and circumstances of the case the Learned Tribunal was justified in law to allow the appeal of the assessee on the ground of limitation

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

36 56. For the decision on the first issue raised in this batch of matters, paragraph 1159.6 of Jindal Stainless Ltd (supra) is of utmost importance where it has been held that, the decisions of the Supreme Court in Atiabari (supra), Automobile Transport (supra) and Jindal Steel Ltd (supra) and all other judgements that follow such pronouncements

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

36 56. For the decision on the first issue raised in this batch of matters, paragraph 1159.6 of Jindal Stainless Ltd (supra) is of utmost importance where it has been held that, the decisions of the Supreme Court in Atiabari (supra), Automobile Transport (supra) and Jindal Steel Ltd (supra) and all other judgements that follow such pronouncements

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

36 56. For the decision on the first issue raised in this batch of matters, paragraph 1159.6 of Jindal Stainless Ltd (supra) is of utmost importance where it has been held that, the decisions of the Supreme Court in Atiabari (supra), Automobile Transport (supra) and Jindal Steel Ltd (supra) and all other judgements that follow such pronouncements

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

36 56. For the decision on the first issue raised in this batch of matters, paragraph 1159.6 of Jindal Stainless Ltd (supra) is of utmost importance where it has been held that, the decisions of the Supreme Court in Atiabari (supra), Automobile Transport (supra) and Jindal Steel Ltd (supra) and all other judgements that follow such pronouncements