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

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

M/S. SHAKAMBHARI ISPAT & POWER LTD.,KOLKATA vs. DCIT, CC - 3(3),, KOLKATA

149(1)(b) (as it existed prior to amendment vide\nFinance Act, 2022 amendment effective from 1.4.2022 only) and\nhence it has to be considered accordingly.\n3. Reliance is placed on the aforesaid contention following judicial\nprecedents also may be relied as well, wherein Court has held that\nfor searches conducted prior to 1.4.2014 proceedings u/s 153C can\nonly

M/S. SHAKAMBHARI ISPAT & POWER LTD., ,KOLKATA vs. DCIT, CENTRAL CIRCLE 3(3), , KOLKATA

149(1)(b) (as it existed prior to amendment vide\nFinance Act, 2022 amendment effective from 1.4.2022 only) and\nhence it has to be considered accordingly.\n3. Reliance is placed on the aforesaid contention following judicial\nprecedents also may be relied as well, wherein Court has held that\nfor searches conducted prior to 1.4.2014 proceedings u/s 153C can\nonly

DEPUTY COMMISSIONER OF INCOME TAX, KOLKATA vs. SHAKAMBHARI ISPAT & POWER LIMITED, KOLKATA

149(1)(b) (as it existed prior to amendment vide\nFinance Act, 2022 amendment effective from 1.4.2022 only) and\nhence it has to be considered accordingly.\n3. Reliance is placed on the aforesaid contention following judicial\nprecedents also may be relied as well, wherein Court has held that\nfor searches conducted prior to 1.4.2014 proceedings u/s 153C can\nonly

M/S. SHAKAMBHARI ISPAT & POWER LTD.,,KOLKATA vs. DCIT, CENTRAL CIRCLE 3(3), , KOLKATA

149(1)(b) (as it existed prior to amendment vide\nFinance Act, 2022 amendment effective from 1.4.2022 only) and\nhence it has to be considered accordingly.\n3. Reliance is placed on the aforesaid contention following judicial\nprecedents also may be relied as well, wherein Court has held that\nfor searches conducted prior to 1.4.2014 proceedings u/s 153C can\nonly

D.C.I.T., CC - 3(1),, KOLKATA vs. SHAKAMBHARI ISPAT & POWER LIMITED, KOLKATA

149(1)(b) (as it existed prior to amendment vide\nFinance Act, 2022 amendment effective from 1.4.2022 only) and\nhence it has to be considered accordingly.\n3. Reliance is placed on the aforesaid contention following judicial\nprecedents also may be relied as well, wherein Court has held that\nfor searches conducted prior to 1.4.2014 proceedings u/s 153C can\nonly

M/S. SHAKAMBHARI ISPAT & POWER LTD.,,KOLKATA vs. DCIT, CENTRAL CIRCLE 3(3), , KOLKATA

149(1)(b) (as it existed prior to amendment vide\nFinance Act, 2022 amendment effective from 1.4.2022 only) and\nhence it has to be considered accordingly.\n3. Reliance is placed on the aforesaid contention following judicial\nprecedents also may be relied as well, wherein Court has held that\nfor searches conducted prior to 1.4.2014 proceedings u/s 153C can\nonly

DEPUTY COMMISSIONER OF INCOME TAX, KOLKATA vs. SHAKAMBHARI ISPAT & POWER LIMITED, KOLKATA

149(1)(b) (as it existed prior to amendment vide\nFinance Act, 2022 amendment effective from 1.4.2022 only) and\nhence it has to be considered accordingly.\n3. Reliance is placed on the aforesaid contention following judicial\nprecedents also may be relied as well, wherein Court has held that\nfor searches conducted prior to 1.4.2014 proceedings u/s 153C can\nonly

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 3(1),, KOLKATA vs. SHAKAMBHARI ISPAT & POWER LIMITED, KOLKATA

149(1)(b) (as it existed prior to amendment vide\nFinance Act, 2022 amendment effective from 1.4.2022 only) and\nhence it has to be considered accordingly.\n3. Reliance is placed on the aforesaid contention following judicial\nprecedents also may be relied as well, wherein Court has held that\nfor searches conducted prior to 1.4.2014 proceedings u/s 153C can\nonly

M/S. SHAKAMBHARI ISPAT & POWER LTD., ,KOLKATA vs. DCIT, CENTRAL CIRCLE 3(3), , KOLKATA

149(1)(b) (as it existed prior to amendment vide\nFinance Act, 2022 amendment effective from 1.4.2022 only) and\nhence it has to be considered accordingly.\n3. Reliance is placed on the aforesaid contention following judicial\nprecedents also may be relied as well, wherein Court has held that\nfor searches conducted prior to 1.4.2014 proceedings u/s 153C can\nonly

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 3.1, KOLKATA vs. SHAKAMBHARI ISPAT & POWER LIMITED, KOLKATA

149(1)(b) (as it existed prior to amendment vide\nFinance Act, 2022 amendment effective from 1.4.2022 only) and\nhence it has to be considered accordingly.\n3. Reliance is placed on the aforesaid contention following judicial\nprecedents also may be relied as well, wherein Court has held that\nfor searches conducted prior to 1.4.2014 proceedings u/s 153C can\nonly

M/S. SHAKAMBHARI ISPAT & POWER LTD., ,KOLKATA vs. DCIT, CENTRAL CIRCLE 3(3), KOLKATA

Appeals of the assessee are partly allowed and\nappeals of the revenue are dismissed

149(1)(b) (as it existed prior to amendment vide\nFinance Act, 2022 amendment effective from 1.4.2022 only) and\nhence it has to be considered accordingly.\n3. Reliance is placed on the aforesaid contention following judicial\nprecedents also may be relied as well, wherein Court has held that\nfor searches conducted prior to 1.4.2014 proceedings u/s 153C can\nonly

DEPUTY COMMISSIONER OF INCOME TAX, KOLKATA vs. SHAKAMBHARI ISPAT & POWER LIMITED, KOLKATA

149(1)(b) (as it existed prior to amendment vide\nFinance Act, 2022 amendment effective from 1.4.2022 only) and\nhence it has to be considered accordingly.\n3. Reliance is placed on the aforesaid contention following judicial\nprecedents also may be relied as well, wherein Court has held that\nfor searches conducted prior to 1.4.2014 proceedings u/s 153C can\nonly

M/S. BMS SALES PVT. LTD., ,PURULIA vs. DCIT, CENTRAL CIRCLE 3(1), , KOLKATA

In the result, the appeal of the assessee is allowed

149(1)(b) (as it existed prior to amendment vide\nFinance Act, 2022 amendment effective from 1.4.2022 only) and hence it has to\nbe considered accordingly.\n3. Reliance is placed on the aforesaid contention following judicial precedents\nalso may be relied as well, wherein Court has held that for searches conducted\nprior to 1.4.2014 proceedings u/s 153C can only

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. WELKIN TELECOM INFRA PRIVATE LIMITED, KOLKATA

In the result, appeal of the revenue is partly allowed

Bench: Shri Rajpal Yadav (Vice President), Dr. Manish Borad (Accountant Member)

B) of the Act.'' 1. In the matter of Commissioner of Income Tax, Central II vs. M/s. R.E.I. Agro Ltd., reported in 120131 144 1TD (Kol) 141, the Hon'ble High Court of Calcutta has held that- "The Contribution towards provident fund, even if deposited beyond the stipulated period, is allowable by virtue of the amendment " 6.58 In view

A.C.I.T.,CENTRAL CIRCLE-1(2), KOLKATA vs. M/S ESTIN TIE UP PVT. LTD., KOLKATA

In the result, the two cross appeals filed by the assessee as well as the Revenue are partly allowed for statistical purposes

Bench: Shri Duvvuru Rl Reddy & Shri Rakesh Mishra

bogus payments under the garb of joint development agreements made to the assessee by AVANI had the effect of reduction of Income and consequent lowering of tax liability in the hands of AVANI, the Hon'ble Bench may also kindly consider the scope Issuing necessary directions in terms of the provisions of section 149 quoted above