MSTC LTD,KOLKATA vs. JURISDICTIONAL ASSESSING OFFICER, CIR-1(1), KOLKATA. , KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Year: 2021-22

Section 234C of the Income Tax Act, 1961 on disputed additions and levying interest of Rs. 1,90,68,525/-, Rs. 13,34,79,675/- and Rs. 3,04,32,052/-respectively on the assessee by the AO whereas the assessee had filed a return of loss for Rs. 3,62,82,050/- well within the extended time of filing

BINOD KUMAR MAHATO ,BURDWAN vs. PRINCIPAL CIT - BURDWAN , BURDWAN

In the result, appeal of the assessee is allowed

section 143(3) of the Act vide order dated 29.03.2014 after making Act vide order dated 29.03.2014 after making certain additions/ disallowances to the certain additions/ disallowances to the total income of assessee. Subsequently, Ld. CIT u/s 263 of the Act observed certain total income of assessee. Subsequently, Ld. CIT u/s 263 of the Act observed certain total income

SRI GOPINATH GHORAI,PURBA MEDINIPUR vs. ACIT, CIR-27, HALDIA, HALDIA

In the result the appeal of the assessee is dismissed

Bench: Hon’Ble Shri P.M.Jagtap, Am & Sri S.S.Viswanethra Ravi, Jm ] I.T.A No. 01/Kol/2016 Assessment Year : 2005-06

143(3) read with section 147 dated 24/12/2010 itself requires explanations. clarifications and clearly debatable issue which cannot be decided under section 154. On this count also the assessee's request for amendment of order under section 154 is not tenable. 1.3 Lastly the Assessing Officer made addition under section 40(a)(ia) holding that the payment were made

M/S. FUTURE DISTRIBUTORS,KOLKATA vs. PR.CIT, KOLKATA - 9, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

143(3)/144 was erroneous and prejudicial to the interest of the Revenue and setting aside the same by exercising the powers conferred upon him under section 263, he directed the Assessing Officer to frame the assessment de novo by taking cognizance of the issues raised by him after conducting necessary enquiries in that regard. Aggrieved by the order

SARDA MINES PVT. LIMITED,KOLKATA vs. DCIT, CIRCLE-05(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm] I.T.A. No. 867/Kol/2017 Assessment Year: 2007-08 Sarda Mines Pvt. Ltd...............................………………………………………………Appellant 6Th Floor, Circular Court, 8, Ajc Bose Road, Kolkata – 700017. [Pan : Aahcs 2419 R] D.C.I.T., Cir 5(2) Kolkata………………………………………………......................Respondent Aayakar Bhawan, P-7, Chowringhee Square, Kolkata - 69 Appearances By: Shri A.K. Gupta, Fca Appearing On Behalf Of The Assessee. Md. Usman, Cit Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 21, 2017 Date Of Pronouncing The Order : December 14, 2017 Order Per P.M. Jagtap, Am This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Principal Cit – 2, Kolkata Dated 28.03.2017 Passed Under Section 263 Of The Income Tax Act, 1961 & The Grounds Raised By The Assessee Therein Read As Under: “1. For That The Order Passed Under Section 263 Of The Income Tax Act, 1961 (In Short ‘The Act’) By The Principal Commissioner Of Income Tax -2, Kolkata (In Short ‘Cit’) Dated 28.03.2017 Is Without Jurisdiction & Illegal As None Of The Condition Precedent For Exercise Of The Power Under Section 263 Of The Act Exists And/Or Has Been Satisfied & As Such The Said Order Is Erroneous & Without Jurisdiction & Liable To Be Cancelled. 2. For That The Order Passed By The Assessing Officer Was Not In Any Way Erroneous Or Prejudicial To The Interest Of Revenue & As Such The Cit Would Not Exercise Any Power Under Section 263 Of The Act. The Cit Erred In Holding That The Order Of Assessment Is Erroneous & Prejudicial To The Interest Of Revenue.

section 143(3) vide an order dated 24.12.2009, the total income as declared by the assessee company in its return of income was accepted by the A.O. Subsequently, the assessment was reopened by the A.O. on the basis of information received from ACIT (TDS

DEEPSHIKHA TRADING COMPANY PVT. LTD.,KOLKATA vs. I.T.O., WARD - 6(2), KOLKATA

In the result, the appeal filed by the assessee is allowed

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

TDS credit of INR 1,23,331 and Advance Tax of INR 1,75,000 pertaining to the amalgamating company as per the order passed by the Faceless Assessment Centre ("Ld. AO") under Section 143(3

DIPAK KUMAR DASBHOWMIK,PASCHIM MIDNAPORE vs. I.T.O., WARD - 38(1), MIDNAPORE , PASCHIM MIDNAPORE

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap

section 143(3)/147 for the following reasons given in paragraph no. 5 to 5.3 of his impugned order:- “5. In this ground the appellant is disputing the A.O. action in initiating notice u/s 148. The appellant's case is that all material had been furnished before the A.O. in course of the original assessment proceedings which resulted

DEEPAK BAJAJ ,KOLKATA vs. ITO, WARD 40(1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

TDS namely i) artists remuneration ii)Studio Hire Charges iii)Interest paid on unsecured loans and iv)Car hire charges , conveyance and dep. etc and not in respect of the issues raised by the ld. PCIT in the order passed u/s 263 of the Act. The reassessment proceeding concluded and culminated vide order dated 18.12.2013 passed under section 143(3

ACIT, CIRCLE - 13(2), KOLKATA , KOLKATA vs. M/S. PADMA LOGISTICS & KHANIJ PRIVATE LIMITED , KOLKATA

In the result, the revenue’s appeal is partly allowed for statistical purposes

Bench: "ी जे. सुधाकर रे"डी, लेखा सद"य एवं/And "ी ऐ. ट". वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

143(1) of the Act loses its importance. And we find in this case the assessee has rightly filed the revised return of income u/s 139(5) of the Act within the stipulated time frame as per statute. And as such, this contention of the AO is incorrect in law. 13 Padma Logistics & Khanij

SAHABUDDIN QUADIRI,MURSHIDABAD vs. DCIT, CIRCLE-42, MURSHIDABAD, MURSHIDABAD

In the result, the appeal of the assessee is allowed

Bench: Sh. S.S.Godara & Dr. A.L.Saini[Assessment Year: 2010-11] Sahabuddin Quadiri, Vs Dcit, Saratpally, Chuanpur, Circle-42, Laldighi, 57, Berhampore, R.N.Tagore Road, Berhampore, Murshidabad-742101. Murshidabad-742101. Pan-Aaapq7976P (Assessee) (Respondent)

section 143 (3) of the Act: Sr.No. Issues as per Notice u/s 263 Issues covered by Observation of A.O. in P/B pages. issued by Ld.C.I.T. Notices u/s. 142(1) 143(3) order dated 18.10.2011, 10.07.2012 & Order sheet Entries: A TDS

M/S PRICEWATERHOUSE COOPERS PVT. LTD.,KOLKATA vs. ACIT, CIRCLE-2(2), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed in part

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2011-12 M/S. Pricewaterhouse Coopers Private Limited……...............................……………………......Appellant Block-Ep, Plot –Y14 Salt Lake City Sector-V Kolkata – 700 091 [Pan : Aabcp 9181 H] Vs. Deputy Commissioner Of Income Tax (It), Circle-2(1), Kolkata……..........................…....Appellant Appearances By: Shri Kanchun Kaushal, A/R & Shri Bikash Kr. Jain, Ca, Appeared On Behalf Of The Assessee. Shri Vijay Shankar, Cit, D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 25Th, 2020 Date Of Pronouncing The Order : May 29Th, 2020 Order Per J. Sudhakar Reddy, Am :-

143(3) of the Act. He submits that at best it is a mistake. submits that at best it is a mistake. d) On the issue of limitation, the ld. D/ On the issue of limitation, the ld. D/R submitted that Section 144C of R submitted that Section 144C of the Act is complete code in itself. He relied

BIJNI DOOARS TEA COMPANY LTD. ,KOLKATA vs. PCIT, KOL-2, KOL, KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2018-19 Bijni Dooars Tea Company Principal Commissioner Of Ltd. Income-Tax, Kolkata-2, 4Th Floor, Room No. 1, Kolkata. Vs. Shantiniketan, 8, Camac Street, Kolkata-700017. (Pan: Aabcb1013E) (Appellant) (Respondent)

143(3) for assessing the total income, appeal would lie under the different clause as stated above. Therefore, there will be two different appeals for the demands raised under different sections of the Act. 15.4 On the second aspect for drawing analogy from the provisions relating to tax deduction at source, the said liability is fastened on the assessee separately

S. N. CONSTRUCTION,BANKURA vs. ACIT, CIR-2, DURGAPUR, DURGAPUR

In the result, the appeal of the assessee is allowed in part and the appeal of the revenue is dismissed

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Hon’Ble Shri S.S.Godara, Jm] I.T.A No. 1117/Kol/2017 Assessment Year : 2011-12 S.N. Construction -Vs- Acit, Circle-2, Durgapur [Pan: Abafs 9119 B] (Appellant) (Respondent) I.T.A No. 1205/Kol/2017 Assessment Year : 2011-12 Acit, Circle-2, Durgapur -Vs- S.N. Construction [Pan: Abafs 9119 B] (Appellant) (Respondent)

143(3) computing total income of the assessee at Rs. 1,04,758.80 paisa inter alia, disallowing an amount of Rs. 16,26,104/- u/s 40A(3) of S.N. Construction A.Yrs.2011-12 the Act and also disallowing the claim of bad and doubtful debts of Rs. 15,62,369/- and also sadding an amount

ACIT, CIR-2, DURGAPUR, DURGAPUR vs. S. N. CONSTRUCTION, BANKURA

In the result, the appeal of the assessee is allowed in part and the appeal of the revenue is dismissed

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Hon’Ble Shri S.S.Godara, Jm] I.T.A No. 1117/Kol/2017 Assessment Year : 2011-12 S.N. Construction -Vs- Acit, Circle-2, Durgapur [Pan: Abafs 9119 B] (Appellant) (Respondent) I.T.A No. 1205/Kol/2017 Assessment Year : 2011-12 Acit, Circle-2, Durgapur -Vs- S.N. Construction [Pan: Abafs 9119 B] (Appellant) (Respondent)

143(3) computing total income of the assessee at Rs. 1,04,758.80 paisa inter alia, disallowing an amount of Rs. 16,26,104/- u/s 40A(3) of S.N. Construction A.Yrs.2011-12 the Act and also disallowing the claim of bad and doubtful debts of Rs. 15,62,369/- and also sadding an amount

SRENIK SINGHVI,KOLKATA vs. ACIT, CIRCLE - 54, KOLKATA, KOLKATA

In the result, the appeal of the assessee for assessment year

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

section 143(3) after verifying all the relevant records including the books of account of the assessee as well the TDS

EVEREADY INDUSTRIES INDIA LTD.,KOLKATA vs. DCIT, CIRCLE - 11(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri S.S. Viswanethra Ravi

143(3) read with section 144C(3) on the said points as erroneous as well as prejudicial to the interest of the revenue as per Explanation 2(c) below section 263(1) of the Act and setting aside the order of the Assessing Officer on the said points, he directed the Assessing Officer to make the assessment afresh after providing

ACIT, CIR-40, KOLKATA, KOLKATA vs. SUNDARLAL MOHANLAL SARDA & OTHERS, KOLKATA

In the result, Revenue’s appeal is dismissed as infructuous

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :007-08

3) and another applicable where an intimation was earlier issued under section 143(1). It follows that it is open to the assessee to contend that notwithstanding that ITA No.116/Kol/2014 & CO. 12/Kol/2014 A.Y. 2007-08 ACIT, Cir-40, Kol. Vs. Sundarlal Mohanlal Sarda & Others Page 11 the argument of "change of opinion" is not available to him, it would still

PRIMETALS TECHNOLOGIES INDIA PRIVATE LIMITED,KOLKATA vs. ACIT, CIRCLE-1(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2017-18

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 371 & 372/Kol/2022 Assessment Year: 2017-18 & 2018-19 Primetals Technologies India Pvt. Ltd. Acit, Circle-1(1), Kolkata 5Th Floor, Tower-C Vs Dlf, It Park-I 08 Majore Arterial Road New Town Kolkata - 700156 [Pan : Aaecv9657M] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ajoy Vora, Sr. Advocate & Pooja Saraf, Ar Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 21/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 16/05/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Final Assessment Orders Framed U/S 143(3) R.W.S. 144C & 144C(5) Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) By The Deputy Commissioner Of Income Tax, Circle – 1(1), Kolkata (Hereinafter The “Ld. Ao”) Even Dt. 29/04/2022, Passed In Pursuance Of The Directions Of The Ld. Dispute Resolution Panel -2, New Delhi, Dt. 18/02/2022 For Assessment Year 2017-18 & Dt. 04/03/2022 For Assessment Year 2018-19, Passed U/S 144C(5) Of The Act. 2. The Assessee Has Raised The Following Grounds Of Appeal For Assessment Year 2017-18:- “Ground 1:

section 143(3) of the Act pertaining to the assessment year2006-07 though the assessee before the learned CIT (A) has submitted as under: "The depreciation on goodwill is allowed and was correctly granted as per law in the assessment order for A.Y 2006-07." The above submission of the assessee before the learner CIT (A) has not been disputed

PRIMETALS TECHNOLOGIES INDIA PVT. LTD.,KOLKATA vs. ACIT, CIRCLE - 1(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2017-18

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 371 & 372/Kol/2022 Assessment Year: 2017-18 & 2018-19 Primetals Technologies India Pvt. Ltd. Acit, Circle-1(1), Kolkata 5Th Floor, Tower-C Vs Dlf, It Park-I 08 Majore Arterial Road New Town Kolkata - 700156 [Pan : Aaecv9657M] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ajoy Vora, Sr. Advocate & Pooja Saraf, Ar Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 21/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 16/05/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Final Assessment Orders Framed U/S 143(3) R.W.S. 144C & 144C(5) Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) By The Deputy Commissioner Of Income Tax, Circle – 1(1), Kolkata (Hereinafter The “Ld. Ao”) Even Dt. 29/04/2022, Passed In Pursuance Of The Directions Of The Ld. Dispute Resolution Panel -2, New Delhi, Dt. 18/02/2022 For Assessment Year 2017-18 & Dt. 04/03/2022 For Assessment Year 2018-19, Passed U/S 144C(5) Of The Act. 2. The Assessee Has Raised The Following Grounds Of Appeal For Assessment Year 2017-18:- “Ground 1:

section 143(3) of the Act pertaining to the assessment year2006-07 though the assessee before the learned CIT (A) has submitted as under: "The depreciation on goodwill is allowed and was correctly granted as per law in the assessment order for A.Y 2006-07." The above submission of the assessee before the learner CIT (A) has not been disputed