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.

section 151 of the new regime read with TOLA, where applicable. 8. We also note that the decision of the Hon’ble Apex Court has been further followed by the coordinate benches of the Tribunal in the cases of Manish Financial, passed in ITA No.5055&5050/Mum/2024, dated 02.12.2024 and Surya Ferrous Alloys Pvt. Ltd., 169 taxmann.com 736 (Mum), wherein

1.INCOME TAX OFFICER WARD 3(1), KOLKATA , KOLKATA vs. ANUSHREYA INVESTMENT PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Income Tax Officer, Ward 3(1), Anushreya Investment Private Kolkata Limited P-7, Chowringhee Square, 5Th Floor, Mangalam-A, 24 4Th Floor, Aaykar Bhawan Hemanta Basu Sarani, Vs. Poorva, Kolkata-700069, Kolkata-700001, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aacca3658B Assessee By : Shri N.S. Saini, Ar Revenue By : Shri Susanta Saha, Dr Date Of Hearing: 31.10.2025 Date Of Pronouncement: 19.11.2025

bogus short-term capital loss entries and accordingly, added the same to the income amounting to ₹3,32,62,350 under Section 68 of the Act. 2.2. The learned CIT (A) after taking into account the submission and contentions of the assessee and documentary evidences furnished, deleted the addition on merit. However, the issue of validity of assessment raised

SAROJ EMBRODS PRIVATE LIMITED. ,HOOGHLY vs. DCIT,C.C-3(4), KOLKATA. , KOLKATA

In the result, both the appeals of the assessee are allowed

Bench: Shri Rajesh Kumar & Shri Sonjoysarma]

purchases were to be examined and in view of the said fact he has reason to believe that income chargeable to tax has escaped assessment and accordingly reopened the assessment under section 147 of the Act. We find merit in the contentions and arguments of the Ld. A.R. that the AO has not formed any independent belief or recorded

M/S. SAROJ EMBRODS PVT. LTD. ,HOOGHLY vs. DCIT, C.C-3(4), KOLKATA. , KOLKATA

In the result, both the appeals of the assessee are allowed

Bench: Shri Rajesh Kumar & Shri Sonjoysarma]

purchases were to be examined and in view of the said fact he has reason to believe that income chargeable to tax has escaped assessment and accordingly reopened the assessment under section 147 of the Act. We find merit in the contentions and arguments of the Ld. A.R. that the AO has not formed any independent belief or recorded

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

bogus and such\naction is bad in law and in view of the facts and in the\ncircumstances the addition so made is liable to be deleted and\nit may be held accordingly\n16. Without prejudice to Grounds No. 14 & 15 above, the payment\nmade to the said vendor (i.e. Reeja Trading Private Ltd.) were\nthrough banking channel

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

bogus and such\naction is bad in law and in view of the facts and in the\ncircumstances the addition so made is liable to be deleted and\nit may be held accordingly\n16. Without prejudice to Grounds No. 14 & 15 above, the payment\nmade to the said vendor (i.e. Reeja Trading Private Ltd.) were\nthrough banking channel

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

bogus and such\naction is bad in law and in view of the facts and in the\ncircumstances the addition so made is liable to be deleted and\nit may be held accordingly.\n16. Without prejudice to Grounds No. 14 & 15 above, the payment\nmade to the said vendor (i.e. Reeja Trading Private Ltd.) were\nthrough banking channel

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

bogus and such\naction is bad in law and in view of the facts and in the\ncircumstances the addition so made is liable to be deleted and\nit may be held accordingly.\n16. Without prejudice to Grounds No. 14 & 15 above, the payment\nmade to the said vendor (i.e. Reeja Trading Private Ltd.) were\nthrough banking channel

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

bogus and such\naction is bad in law and in view of the facts and in the\ncircumstances the addition so made is liable to be deleted and\nit may be held accordingly.\n16. Without prejudice to Grounds No. 14 & 15 above, the payment\nmade to the said vendor (i.e. Reeja Trading Private Ltd.) were\nthrough banking channel

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

bogus and such\naction is bad in law and in view of the facts and in the\ncircumstances the addition so made is liable to be deleted and\nit may be held accordingly.\n16. Without prejudice to Grounds No. 14 & 15 above, the payment\nmade to the said vendor (i.e. Reeja Trading Private Ltd.) were\nthrough banking channel

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

bogus and such\naction is bad in law and in view of the facts and in the\ncircumstances the addition so made is liable to be deleted and\nit may be held accordingly.\n16. Without prejudice to Grounds No. 14 & 15 above, the payment\nmade to the said vendor (i.e. Reeja Trading Private Ltd.) were\nthrough banking channel

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

bogus and such\naction is bad in law and in view of the facts and in the\ncircumstances the addition so made is liable to be deleted and\nit may be held accordingly.\n16. Without prejudice to Grounds No. 14 & 15 above, the payment\nmade to the said vendor (i.e. Reeja Trading Private Ltd.) were\nthrough banking channel

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

bogus and such\naction is bad in law and in view of the facts and in the\ncircumstances the addition so made is liable to be deleted and\nit may be held accordingly.\n16. Without prejudice to Grounds No. 14 & 15 above, the payment\nmade to the said vendor (i.e. Reeja Trading Private Ltd.) were\nthrough banking channel

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

bogus and such\naction is bad in law and in view of the facts and in the\ncircumstances the addition so made is liable to be deleted and\nit may be held accordingly.\n16. Without prejudice to Grounds No. 14 & 15 above, the payment\nmade to the said vendor (i.e. Reeja Trading Private Ltd.) were\nthrough banking channel

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

bogus and such\naction is bad in law and in view of the facts and in the\ncircumstances the addition so made is liable to be deleted and\nit may be held accordingly.\n16. Without prejudice to Grounds No. 14 & 15 above, the payment\nmade to the said vendor (i.e. Reeja Trading Private Ltd.) were\nthrough banking channel

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

bogus and such\naction is bad in law and in view of the facts and in the\ncircumstances the addition so made is liable to be deleted and\nit may be held accordingly.\n16. Without prejudice to Grounds No. 14 & 15 above, the payment\nmade to the said vendor (i.e. Reeja Trading Private Ltd.) were\nthrough banking channel