ITO, WARD-40(1), KOLKATA, KOLKATA vs. DILIP KUMAR SHAW, KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri P.M. Jagtap

TDS Form 16A were Rs.2,99,89,617/-. He, therefore, held that there was a mistake in the assessment order passed under section 143(3) in taking the contract receipts short by Rs.8,47,489/- and the same was I.T.A. No 1517/KOL/2016 Assessment year: 2006-2007 Page 2 of 4 rectified by him vide an order dated 08.12.2012 passed under

PASSPORT JEANS PVT LTD ,KOLKATA vs. DCIT, CPC, BANGALORE

In the result, the appeal of assessee is partly allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawal]

154 of the Act and is also appealable under section 246A. In absence of the power of authority to make such adjustment under section 200A of the Act, any calculation of the fee would not partake the character of the intimation under said provision and it could be argued that such an order would not be open to any rectification

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

154 of the Act and is also appealable under section 246A. In absence of the power of authority to make such adjustment under section 200A of the Act, any calculation of the fee would not partake the character of the intimation under said provision and it could be argued that such an order would not be open to any rectification

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

154 of the Act and is also appealable under section 246A. In absence of the power of authority to make such adjustment under section 200A of the Act, any calculation of the fee would not partake the character of the intimation under said provision and it could be argued that such an order would not be open to any rectification

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

154 of the Act and is also appealable under section 246A. In absence of the power of authority to make such adjustment under section 200A of the Act, any calculation of the fee would not partake the character of the intimation under said provision and it could be argued that such an order would not be open to any rectification

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

154 of the Act and is also appealable under section 246A. In absence of the power of authority to make such adjustment under section 200A of the Act, any calculation of the fee would not partake the character of the intimation under said provision and it could be argued that such an order would not be open to any rectification

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

154 of the Act and is also appealable under section 246A. In absence of the power of authority to make such adjustment under section 200A of the Act, any calculation of the fee would not partake the character of the intimation under said provision and it could be argued that such an order would not be open to any rectification

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

154 of the Act and is also appealable under section 246A. In absence of the power of authority to make such adjustment under section 200A of the Act, any calculation of the fee would not partake the character of the intimation under said provision and it could be argued that such an order would not be open to any rectification

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

154 of the Act and is also appealable under section 246A. In absence of the power of authority to make such adjustment under section 200A of the Act, any calculation of the fee would not partake the character of the intimation under said provision and it could be argued that such an order would not be open to any rectification

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

154 of the Act and is also appealable under section 246A. In absence of the power of authority to make such adjustment under section 200A of the Act, any calculation of the fee would not partake the character of the intimation under said provision and it could be argued that such an order would not be open to any rectification

M/S. SHREE HANUMAN SUGAR & INDUSTRIES LTD.,KOLKATA vs. ACIT, CENTRAL CIRCLE-XI,KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: : Shri M.Balaganesh & Shri S.S. Viswanethra Ravi

section 115JA. Therefore, the AO cannot modify such order u/s. 154 of the Act. 13. In reply, the Ld. DR submits the limitation is saved to rectify the order and the revenue has an opportunity to rectify the order u/s. 154 of the Act. The AO did not take into consideration the computation u/s. 115JA from the first instance onwards

SMT. CHETNA JAIN,KOLKATA vs. DCIT, CEN. CIR-XI, KOLKATA, KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Shri P.M. Jagtap

TDS while processing the return of income of the assessee under section 143(1) and the application of the assessee seeking rectification on this issue was rejected by him vide his order dated 12.03.2012 passed under section 154

RAIGANJ CENTRAL CO-OPERATIVE BANK LTD.,RAIGANJ, UTTAR DINAJPUR vs. D.C.I.T., CIRCLE - 2, JALPAIGURI, JALPAIGURI

TDS was actually made and paid to the credit of Central\nGovernment.\n5. THAT your petitioner reserves the right to prefer further ground(s) and/or\ndelete/modify ground(s)/arguments, submit documents before the final\ndisposal of this appeal.\"\nWe shall first take up the appeal in ITA No. 974/KOL/2024 for\nadjudication.\n3. Brief facts of the case are that

SREI INFRASTRUCTURE FINANCE LIMITED,KOLKATA vs. ACIT,CIR-11(1), KOL, KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Dr. Manish Boradi.T.A. No.1157/Kol/2023 Assessment Year: 2017-18 Srei Infrastructure Finance Ltd. ………. Appellant (Pan: Aaacs1425L) Vs. Acit, Circle-11(1), Kolkata ……. Respondent Appearances By: Shri S. K. Tulsiyan, Advocate & Sm. Lata Goyal, Aca Appeared For Appellant Shri S. Datta, Cit, Dr Appeared For Respondent . Date Of Hearing : 07.02.2024 Date Of Pronouncing The Order : 29.04.2024 Order Per Manish Borad: This Appeal Filed By The Assessee Pertaining To The Assessment Year (In Short “Ay”) 2017-18 Is Directed Against The Order Passed U/S 250 Of The Income Tax Act, 1961 In Short The “Act”) By Ld. Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [In Short Ld. “Cit(A)”] Dated 05.09.2023 Arising Out Of The Assessment Order U/S. 154 R,W,S, 143(3) Of The Act By Acit, Circle-11(1), Kolkata Dated 12.07.2022. 2. Grounds Of Appeal Raised By The Assessee Are Reproduced As Under: “1. That On The Facts & In The Circumstances Of The Case, The Learned Commissioner Of Income Tax (Appeal), [Here- In- After Referred To As Ld. Cit(A)] Was Not Justified & Grossly Erred In Not Granting The Interest U/S. 244A Of The Income Tax Act, 1961 ('The Act').

154 of the Act, assessee had specifically raised the issue in para 6 and, therefore, Ld. CIT(A) erred in observing that assessee had not raised this issue. As far as the calculation of interest u/s. 244A of the Act is concerned, he stated that this refund is arising out of TDS credit available with the assessee. He stated that

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)

154 can be done suo motto either by Assessing Officer himself or by the assessee on application. In the instant case, all the documents and details related to the impugned transaction were on record. We need to understand if such a mistake can lead to holding the order erroneous for the purpose of assuming jurisdiction u/s. 263 to invoke revisionary

RAIGANJ CENTRAL CO-OPERATIVE BANK LTD.,RAIGANJ, UTTAR DINAJPUR vs. JCIT (TDS), RANGE - 6, SILIGURI

TDS was actually made and paid to the credit of Central\nGovernment.\n5. THAT your petitioner reserves the right to prefer further ground(s) and/or\ndelete/modify ground(s)/arguments, submit documents before the final\ndisposal of this appeal.\"\nWe shall first take up the appeal in ITA No. 974/KOL/2024 for\nadjudication.\n3. Brief facts of the case are that

RAIGANJ CENTRAL CO-OPERATIVE BANK LTD.,RAIGANJ, UTTAR DINAJPUR vs. D,C,I.T., CIRCLE - 2, JALPAIGURI, JALPAIGURI

In the result, the appeal filed by the Revenue in ITA No

Bench: Shri George Mathan & Shri Rakesh Mishra

TDS was actually made and paid to the credit of Central Government. 5. THAT your petitioner reserves the right to prefer further ground(s) and/or delete/modify ground(s)/arguments, submit documents before the final disposal of this appeal.” A. We shall first take up the appeal in ITA No. 974/KOL/2024 for adjudication. 3. Brief facts of the case are that

L & T FINANCE LIMITED (SUCCESSOR OF L & T INFRASTRUCTURE FINANCE COMPANY LIMITED, NOW MERGED),KOLKATA vs. CIT(A),NFAC,ITD, KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav, Vice- & Shri Girish Agrawal

154. The amount deferred tax is clearly allowable in terms of clause (viii) of Explanation 1 to section 115JB. The AO is directed to verify the facts and allow the claim of the assessee. The ground of appeal no. 3 is thus allowed for statistical purposes. 8. Ground No. 4 The appellant submitted as under: Short grant of TDS

DCIT, KOLKATA vs. L & T FINANCE LTD, KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav, Vice- & Shri Girish Agrawal

154. The amount deferred tax is clearly allowable in terms of clause (viii) of Explanation 1 to section 115JB. The AO is directed to verify the facts and allow the claim of the assessee. The ground of appeal no. 3 is thus allowed for statistical purposes. 8. Ground No. 4 The appellant submitted as under: Short grant of TDS