DCIT, CENTRAL CIRCLE - 1(1), KOLKATA , KOLKATA vs. M/S. ALEMBIC MERCHANTS PVT. LTD., , KOLKATA

In the result, the appeal of revenue fails

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Hon’Ble Shri A. T. Varkey, Jm Assessment Year: 2009-10 Dcit, Central Cir-1(1), Kolkata Vs. M/S. Alembic Merchants Pvt. Ltd Pan: Aacca 0918Q Appellant Respondent

149 of the Act, the AO gets the jurisdiction to reopen the assessment of the assessee for AY 2009-10. Further, it can be noted that section 153 of the Act, prescribes the “Time Limit for completion of assessment, re-assessment and re-computation”. Therefore, in the case of re- opening of assessment u/s 147 of the Act, the time

URVASHI SAREES PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 11(1), , KOLKATA

In the result, the appeal filed by the assessee is allowed and the appeal of Revenue is dismissed

Bench: ITAT, Kolkata were collected and prepared | | 18.01.2025 | 2nd Appeal was filed |

bogus purchases. 2.4 Aggrieved with the assessment order the assessee filed an appeal before the Ld. CIT(A) where he could get partial relief. Further aggrieved with the order of the Ld. CIT(A) both the assessee and Revenue have filed the appeals before this Tribunal. 3. Rival contentions were heard and the submissions made have been examined

PRAMOD LAKRA DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. URVASHI SAREES PVT. LTD, KOLKATA

In the result, the appeal filed by the assessee is allowed and the appeal of Revenue is dismissed

Bench: ITAT, Kolkata were collected and prepared | | 18.01.2025 | 2nd Appeal was filed |

bogus purchases. 2.4 Aggrieved with the assessment order the assessee filed an appeal before the Ld. CIT(A) where he could get partial relief. Further aggrieved with the order of the Ld. CIT(A) both the assessee and Revenue have filed the appeals before this Tribunal. 3. Rival contentions were heard and the submissions made have been examined

INCOME TAX OFFICER-WARD-12(1), KOLKATA, KOLKATA vs. M/S STANDARD LEATHER PVT. LTD., KOLKATA

In the result, Revenue’s appeal stands dismissed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Years:2010-11

bogus warranting addition in the income of the assessee. It is again submitted that there is no dispute that the goods have been purchased and the genuinity of the purchase have not been disputed and it was because that the provisions of section 40A(3) have been applied. Moreover, the assessee maintained day-to-day stock register wherein

ACIT, CIRCLLE-34, KOLKATA vs. SUBHAS KUMAR KEDIA, KOLKATA

In the result, appeal of the revenue is dismissed

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.1677/Kol/2024 (नििाारण वर्ा / Assessment Year : 2016-2017) Acit, Circle-34, Kolkata Vs Subhas Kumar Kedia, 41, N.S.Road, Kolkata Pan No. :Afnpk 9669 M (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Ms. Shreya Loyalka, Ar राजस्व की ओर से /Revenue By : Shri P.N.Barnwal, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 21/01/2025 घोषणा की तारीख/Date Of Pronouncement : 17/04/2025 आदेश / O R D E R Per Rajesh Kumar, Am : This Is An Appeal Filed By The Revenue Against The Order Dated 05.06.2024, Passed By The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, For The Assessment Year 2016-2017, On The Following Grounds Of Appeal :- I) That On The Facts & In The Circumstances Of The Case, The Ld. Cit(Appeals), Nfac, Delhi, Erred In Quashing The Order U/S.148A(D) & All Subsequent Proceedings. Ii) That On The Facts & Circumstances Of The Case, The Ld. Cit(Appeals), Nfac, Delhi, Failed To Acknowledge The Fact That The Assesse Had Not Expressed Any Grievance Against The Validity Of Order U/S 148A(D) By Moving Any Writ Petition Which Should Have Been Done In Case Of Any Grievance After Getting The Sald Order U/S.148A(D). Iii) That On The Facts & Circumstances Of The Case, The Ld. Cit(Appeals), Nfac, Delhi, Erred In Quashing The Order When The Ld. Cit(A) Has No Jurisdiction To Deal With The Question Whether The 148A(D) Order Was Passed Validly Or Properly As An Order U/S.148A(D) Is Not An Appealable Order Before Ld. Cit(A) As Per Section 246A.

149(1)(a) of the Act would apply. 10. As indicated above, the specified authority changes depending on the time Simit prescribed in Section 151 of the Act. It is on this account that there is linkage between ruling rendered in Ganesh Dass Khanna's case (supra) and the instant matters 11. It may also be noted that in Ganesh

DEPUTY COMMISSIONER OF INCOME TAX, KOLKATA vs. DOLLAR HOLDING PVT. LTD., KOLKATA

In the result, both the appeals of the Revenue are dismissed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

bogus shareholders, the Revenue can reopen their individual assessment and addition cannot be made in the hands of the recipient company: "On the facts and in the circumstances of the case, Ld. CIT(A) ought to have upheld the assessment order as the transaction entered into by the assessee was a scheme for laundering black money into white money

DEPUTY COMMISSOENR OF INCOME TAX, KOLKATA vs. DOLLAR HOLDING PVT. LTD., KOLKATA

In the result, both the appeals of the Revenue are dismissed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

bogus shareholders, the Revenue can reopen their individual assessment and addition cannot be made in the hands of the recipient company: "On the facts and in the circumstances of the case, Ld. CIT(A) ought to have upheld the assessment order as the transaction entered into by the assessee was a scheme for laundering black money into white money

DCIT, CIRCLE - 10, KOLKATA, KOLKATA vs. M/S. VEDA COMMERCIAL PVT. LTD., KOLKATA

Appeal is partly allowed for statistical purposes

Bench: Shri M. Balaganesh, Am & Shri S. S. Viswanethra Ravi, Jm]

149 (Mad) Janak S Rangwalla vs ACIT reported in 11 SOT 627 (Mum) CIT vs Gopal Purohit reported in 228 CTR 582 (Bom) CIT vs Merlin Holding (P) Ltd reported in 375 ITR 118 (Cal) ITO vs Manimaya Holdings Pvt Ltd in ITA No. 439/Kol/2009 for Asst Year 2005-06 dated 6.4.2016 (Kolkata Tribunal) 5.8. We have heard the rival

DCIT, CIRCLE - 10, KOLKATA, KOLKATA vs. M/S. VEDA COMMERCIAL PVT. LTD., KOLKATA

Appeal is partly allowed for statistical purposes

Bench: Shri M. Balaganesh, Am & Shri S. S. Viswanethra Ravi, Jm]

149 (Mad) Janak S Rangwalla vs ACIT reported in 11 SOT 627 (Mum) CIT vs Gopal Purohit reported in 228 CTR 582 (Bom) CIT vs Merlin Holding (P) Ltd reported in 375 ITR 118 (Cal) ITO vs Manimaya Holdings Pvt Ltd in ITA No. 439/Kol/2009 for Asst Year 2005-06 dated 6.4.2016 (Kolkata Tribunal) 5.8. We have heard the rival

RAM ENGINEERING CONCERN,HOWRA vs. ITO, WARD-48(2), KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Shri P.M. Jagtap, Vice-

section 143(3)/147 of the Act and rejecting the same, he upheld the validity of the said assessment. As regards the addition of Rs.40,44,480/- made by the Assessing Officer on account of the alleged bogus purchases, the ld. CIT(Appeals) held that the entire amount of bogus purchases could not be treated as income of the assessee

DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL CIRCLE)- 3(1), KOLKATA, KOLKATA vs. AUXINITE SUPPLIERS PRIVATE LIMITED, KOLKATA

In the result, the appeal of the Revenue is dismissed and CO of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Dy. Commissioner Of Income Auxinite Suppliers Private Tax (Cc)-3(1) Limited 4Th Floor, Aaykar Bhawan 44/2A Jain Tower, Hazra Road, Vs. Poorva, 110 Shantipally, Kolkata- Kolkata-700019, West Bengal 700017, West Bengal (Appellant) (Respondent) Pan No. Aaecb3974H Co No. 11/Kol/2025 (Arising In Ita No. 139/Kol/2025 For A.Y. 2019-20) Dy. Commissioner Of Income Auxinite Suppliers Private Tax (Cc)-3(1) Limited 4Th Floor, Aaykar Bhawan 44/2A Jain Tower, Hazra Road, Vs. Poorva, 110 Shantipally, Kolkata- Kolkata-700019, West Bengal 700017, West Bengal (Appellant) (Respondent) Assessee By : S/Shri Rajeeva Kumar & Giridhar Dhelia, Ars Revenue By : Shri V. Vidhyadhar, Dr Date Of Hearing: 11.02.2026 Date Of Pronouncement: 02.04.2026

bogus shareholders, the Revenue can reopen their individual assessment and addition cannot be made in the hands of the recipient company: "On the facts and in the circumstances of the case, Ld. CIT(A) ought to have upheld the assessment order as the transaction entered into by the assessee was a scheme for laundering black money into white money

VEDA COMMERCIAL PVT LTD,KOLKATA vs. ADDL C.I.T RG - 10,KOLKATA, KOLKATA

In the result, appeal of Revenue stands dismissed and that of assessee’s appeal stands partly allowed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

section 68 of the Act and added to the total income of the assessee. 10. Aggrieved assessee preferred an appeal before ld CIT(A) who confirmed the order of the AO by observing as under:- “4. I have considered the finding of the AO in his assessment order dt. 27.12.2010 and the written submission filed by the AR during

I.T.O WD - 10(4),KOLKATA, KOLKATA vs. M/S VEDA COMMERCIAL PVT LTD, KOLKATA

In the result, appeal of Revenue stands dismissed and that of assessee’s appeal stands partly allowed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

section 68 of the Act and added to the total income of the assessee. 10. Aggrieved assessee preferred an appeal before ld CIT(A) who confirmed the order of the AO by observing as under:- “4. I have considered the finding of the AO in his assessment order dt. 27.12.2010 and the written submission filed by the AR during

SHRI JYOTI MOHAN MALL,KOLKATA vs. CIT, KOL - XV, KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

Bench: Shri Waseem Ahmed & Shri K.Narsimha Charyassessment Year:2003-04

purchase and sale of shares was not matching with the transaction of the stock exchange therefore, the impugned loss was bogus. The learned DR vehemently supported the order of learned CIT u/s 263 of the Act. In the rejoinder, the ld AR submitted that the events which have taken place subsequent to the assessment proceedings cannot be the basis

D.C.I.T.,CIRCLE-6(1), KOLKATA vs. M/S G.K.ISPAT PRIVATE LIMITED , KOLKATA

In the result, the appeals of the revenue are dismissed and the cross objection of the different assessees are also dismissed

Bench: Shri Sanjay Garg & Shri Rajesh Kumar] "ी संजय गग" "या"यक सद"य एवं "ी राजेश कुमार, लेखा सद"य के सम"

149(1)(b) of the Act, it is imperative that the Assessing Officer, in his reasons should also state that the escaped income is likely to be Rs. 1 lac or more, which is an essential ingredient for seeking the approved and satisfaction that is to be recorded by the Competent Authority under the Act. Consequently, before taking any action

DCIT, CIRCLE - 6(1), KOLKATA , KOLKATA vs. M/S. GAURAV ROSE REAL ESTATE PVT. LTD., , KOLKATA

In the result, the appeals of the revenue are dismissed and the cross objection of the different assessees are also dismissed

Bench: Shri Sanjay Garg & Shri Rajesh Kumar] "ी संजय गग" "या"यक सद"य एवं "ी राजेश कुमार, लेखा सद"य के सम"

149(1)(b) of the Act, it is imperative that the Assessing Officer, in his reasons should also state that the escaped income is likely to be Rs. 1 lac or more, which is an essential ingredient for seeking the approved and satisfaction that is to be recorded by the Competent Authority under the Act. Consequently, before taking any action

AMIR INDUSTRIES,KOLKATA vs. ITO, WARD-34(2), KOLKATA

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

Bench: Dr. Manish Borad & Pradip Kumar Choubey

Section 147 of the Act vide assessment order dated 17.12.2019 whereby he made an addition of Rs. 6,05,426/- on the ground that the going through the accounts it is nowhere found the entry of bogus bill of Rs. 6,05,426/-. It is alleged by the assessing authority that he had some information that one Sh. Manoj

M/S. BNA COMMERCE PVT. LTD.,,KOLKATA vs. ITO, WARD 5(1), KOLKATA

In the result, the appeal of the assessee is allowed

purchase, unsecured loans and bogus billing in lieu of\ncommission. He facilitated the meeting of parties who need bogus bills and parties who\nprovided the entry of bogus bills without involving himself or his dummies in the process\nin lieu of commission. M/s BNA Commerce Pvt. Ltd. PAN-AABCB0727D is one of the\nbeneficiary received Rs.1,05,00,000/- from