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.

2 of section 148, the prerequisite is there should be a valid notice. Admittedly, in the case on hand, the natice was held to be not sustainable. If that be so, the assessing officer cannot be stated to be empowered to make a roving enquiry into other issues which according to him came to his notice during the reassessment proceedings

DCIT, CIRCLE-12(1), KOLKATA, KOLKATA vs. M/S DOTEX MERCHANDISE PVT. LTD., KOLKATA

In the result, appeal of the Revenue is dismissed and the cross objections are also dismissed as infructuous

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

153 referred to as the relevant assessment year)." 27. It is established principle of interpretation of statutes, that the Parliament is presumed to be not extravagant, in using the words, and therefore, every word used in the section, is required to be given its due meaning. 28. If considered on that principle, leaving apart for the moment, the aspect

GANAPATI DEVELOPERS ,HOWRAH vs. A.C.I.T.,CIRCLE-47, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Sri J. Sudhakar Reddy & Smt. Madhumita Roy)

2) are vague and based upon incorrect facts. It has no live link with the allegation of escapement of income. Utmost this is a case of suspicion and/or doubts. The reason to believe must have a live link with the formation of belief that the income has escaped assessment. The Hon’ble Third Member Bench of Mumbai ITAT

BINOD KUMAR TEKRIWAL ,KOLKATA vs. PRINCIPAL CIT - 10, KOLKATA , KOLKATA

In the result, all the appeals of these assessees are allowed

Bench: Sri J. Sudhakar Reddy & Sri A. T. Varkey

2% of the purported bogus purchase of Rs.54,13,476/-to be added with the total income for the said years". The submission furnished by A/R of the assessee is not acceptable. As the assessee got some benefit of such bogus purchase there would be no denial of the fact that assessee's estimated income will increase to certain extent

MRS. PREMLATA TEKRIWAL ,KOLKATA vs. PRINCIPAL CIT - 10, KOLKATA , KOLKATA

In the result, all the appeals of these assessees are allowed

Bench: Sri J. Sudhakar Reddy & Sri A. T. Varkey

2% of the purported bogus purchase of Rs.54,13,476/-to be added with the total income for the said years". The submission furnished by A/R of the assessee is not acceptable. As the assessee got some benefit of such bogus purchase there would be no denial of the fact that assessee's estimated income will increase to certain extent

MRS. PREMLATA TEKRIWAL ,KOLKATA vs. PRINCIPAL CIT - 10, KOLKATA , KOLKATA

In the result, all the appeals of these assessees are allowed

Bench: Sri J. Sudhakar Reddy & Sri A. T. Varkey

2% of the purported bogus purchase of Rs.54,13,476/-to be added with the total income for the said years". The submission furnished by A/R of the assessee is not acceptable. As the assessee got some benefit of such bogus purchase there would be no denial of the fact that assessee's estimated income will increase to certain extent

MRS. PREMLATA TEKRIWAL ,KOLKATA vs. PRINCIPAL CIT - 10, KOLKATA , KOLKATA

In the result, all the appeals of these assessees are allowed

Bench: Sri J. Sudhakar Reddy & Sri A. T. Varkey

2% of the purported bogus purchase of Rs.54,13,476/-to be added with the total income for the said years". The submission furnished by A/R of the assessee is not acceptable. As the assessee got some benefit of such bogus purchase there would be no denial of the fact that assessee's estimated income will increase to certain extent

BINOD KUMAR TEKRIWAL ,KOLKATA vs. PRINCIPAL CIT - 10, KOLKATA , KOLKATA

In the result, all the appeals of these assessees are allowed

Bench: Sri J. Sudhakar Reddy & Sri A. T. Varkey

2% of the purported bogus purchase of Rs.54,13,476/-to be added with the total income for the said years". The submission furnished by A/R of the assessee is not acceptable. As the assessee got some benefit of such bogus purchase there would be no denial of the fact that assessee's estimated income will increase to certain extent

PURPLE SUPPLIERS PVT. LTD.,SURAT, GUJRAT vs. A.C.I.T., CIRCLE - 5(1), KOLKATA, KOLKATA

In the result, all the three appeal for AYs 2011-12 to 2013-14 of the assessee are allowed

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.757 To 759/Kol/2022 Assessment Years: 2011-12 To 2013-14 Purple Suppliers Pvt. Ltd. ………. Appellant (Pan: Aafcp2218P) Vs. Asstt. Commissioner Of Income Tax, Circle-5(1), Kolkata. ………… Respondent Appearances By: Shri Anil Kochar, Advocate Appeared For Appellant. Shri Subhendu Datta, Cit, Dr Appeared For Respondent. Date Of Concluding The Hearing : 28.05.2024 Date Of Pronouncing The Order : 26.08.2024 Order Per Manish Borad: The Captioned Appeals Filed At The Instance Of The Assessee Pertaining To The Assessment Years (In Short “Ay”) 2011-12 To 2013-14 Are Directed Against The Separate Orders Passed U/S 250 Of The Income Tax Act, 1961 (In Short The “Act”) By Ld. Commissioner Of Income-Tax, Appeal, National Faceless Appeal Centre (Nfac), Delhi [In Short Ld. “Cit(A)”] Dated 03.11.2022 Arising Out Of The Separate Assessment Orders U/S 143(3)/147 Of The Act By Acit, Circle-5(1), Kolkata Dated 31.12.2018. Since Grounds Of Appeal Raised In These Appeals Are Common & Facts Are Identical, Except Variance In Amount, With The Consent Of Both The Parties, We Proceed To Dispose Of All These Appeals By This Consolidated Order For The Sake Of Brevity & Convenience.

153 referred to as the relevant assessment: year)……… " Provided that where an assessment under sub-section (3) of Section 143 or this section has been made for the relevant assessment year, no action shall be taken under this section after the expiry of four years from the end of the relevant assessment year, by reason of the failure

PURPLE SUPPLIERS PVT. LTD.,SURAT, GUJRAT vs. A.C.I.T., CIRCLE - 5(1), KOLKATA, KOLKATA

In the result, all the three appeal for AYs 2011-12 to 2013-14 of the assessee are allowed

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.757 To 759/Kol/2022 Assessment Years: 2011-12 To 2013-14 Purple Suppliers Pvt. Ltd. ………. Appellant (Pan: Aafcp2218P) Vs. Asstt. Commissioner Of Income Tax, Circle-5(1), Kolkata. ………… Respondent Appearances By: Shri Anil Kochar, Advocate Appeared For Appellant. Shri Subhendu Datta, Cit, Dr Appeared For Respondent. Date Of Concluding The Hearing : 28.05.2024 Date Of Pronouncing The Order : 26.08.2024 Order Per Manish Borad: The Captioned Appeals Filed At The Instance Of The Assessee Pertaining To The Assessment Years (In Short “Ay”) 2011-12 To 2013-14 Are Directed Against The Separate Orders Passed U/S 250 Of The Income Tax Act, 1961 (In Short The “Act”) By Ld. Commissioner Of Income-Tax, Appeal, National Faceless Appeal Centre (Nfac), Delhi [In Short Ld. “Cit(A)”] Dated 03.11.2022 Arising Out Of The Separate Assessment Orders U/S 143(3)/147 Of The Act By Acit, Circle-5(1), Kolkata Dated 31.12.2018. Since Grounds Of Appeal Raised In These Appeals Are Common & Facts Are Identical, Except Variance In Amount, With The Consent Of Both The Parties, We Proceed To Dispose Of All These Appeals By This Consolidated Order For The Sake Of Brevity & Convenience.

153 referred to as the relevant assessment: year)……… " Provided that where an assessment under sub-section (3) of Section 143 or this section has been made for the relevant assessment year, no action shall be taken under this section after the expiry of four years from the end of the relevant assessment year, by reason of the failure

PURPLE SUPPLIERS PVT. LTD.,SURAT, GUJRAT vs. A.C.I.T., CIRCLE - 5(1), KOLKATA, KOLKATA

In the result, all the three appeal for AYs 2011-12 to 2013-14 of the assessee are allowed

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.757 To 759/Kol/2022 Assessment Years: 2011-12 To 2013-14 Purple Suppliers Pvt. Ltd. ………. Appellant (Pan: Aafcp2218P) Vs. Asstt. Commissioner Of Income Tax, Circle-5(1), Kolkata. ………… Respondent Appearances By: Shri Anil Kochar, Advocate Appeared For Appellant. Shri Subhendu Datta, Cit, Dr Appeared For Respondent. Date Of Concluding The Hearing : 28.05.2024 Date Of Pronouncing The Order : 26.08.2024 Order Per Manish Borad: The Captioned Appeals Filed At The Instance Of The Assessee Pertaining To The Assessment Years (In Short “Ay”) 2011-12 To 2013-14 Are Directed Against The Separate Orders Passed U/S 250 Of The Income Tax Act, 1961 (In Short The “Act”) By Ld. Commissioner Of Income-Tax, Appeal, National Faceless Appeal Centre (Nfac), Delhi [In Short Ld. “Cit(A)”] Dated 03.11.2022 Arising Out Of The Separate Assessment Orders U/S 143(3)/147 Of The Act By Acit, Circle-5(1), Kolkata Dated 31.12.2018. Since Grounds Of Appeal Raised In These Appeals Are Common & Facts Are Identical, Except Variance In Amount, With The Consent Of Both The Parties, We Proceed To Dispose Of All These Appeals By This Consolidated Order For The Sake Of Brevity & Convenience.

153 referred to as the relevant assessment: year)……… " Provided that where an assessment under sub-section (3) of Section 143 or this section has been made for the relevant assessment year, no action shall be taken under this section after the expiry of four years from the end of the relevant assessment year, by reason of the failure

ACIT, CIRCLE-7(1), KOLKATA, KOLKATA vs. SAWANSUKHA JEWELLERS PRIVATE LIMITED, KOLKATA

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

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Sawansukhajewellers Acit, Circle-7(1), Private Limited 5Th Floor, Aaykar Bhavan, P-7, Chowringhee Square, 4Th Floor, 9, Camac Street, Vs. Kolkata-700069, Kolkata-700017, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aafcs2477R Co No. 32/Kol/2024 (Airing Out Of The Ita No. 1615/Kol/2024 For A.Y. 2018-19) Sawansukhajewellers Acit, Circle-7(1), Private Limited 5Th Floor, Aaykar Bhavan, P-7, 4Th Floor, 9, Camac Street, Chowringhee Square, Vs. Kolkata-700017, Kolkata-700069, West Bengal West Bengal (Appellant) (Respondent) Assessee By : Shri Akkal Dudhwewala, Ar Revenue By : Shri Kapil Mondal, Dr Date Of Hearing: 03.03.2025 Date Of Pronouncement : 17.03.2025

2,20,05,564/- as unexplained expenditure under section 69C read with section 115BBE on the non-genuine nature of the purchases. In my view, given that sales were accepted as genuine by AO, it could be concluded that the above purchases could not be treated as non-genuine. Hence, there should be a reasonable estimation of the profit element

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]

Section 260A. No substantial question of law is raised. The appeal is accordingly dismissed.' & CO Nos. 153 & 154/Kol/2010 Veda Commercial Pvt. Ltd., AY 2006-07 & 2007-08 It is pertinent to note that the decision of Bombay High Court was subjected to further appeal by the revenue before the Hon'ble Apex Court and the Special Leave Petition

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]

Section 260A. No substantial question of law is raised. The appeal is accordingly dismissed.' & CO Nos. 153 & 154/Kol/2010 Veda Commercial Pvt. Ltd., AY 2006-07 & 2007-08 It is pertinent to note that the decision of Bombay High Court was subjected to further appeal by the revenue before the Hon'ble Apex Court and the Special Leave Petition

APL METALS LIMITED ,KOLKATA vs. ACIT, CENTRAL CIRCLE - 3(3), KOLKATA

Bench: Dr. Manish Borad, Am & Shri Sonjoy Sarma, Jm I.T.A. No.297/Kol/2023 Assessment Years: 2018-19 Apl Metals Ltd. Vs. Income Tax Officer, National C/O, Subash Agarwal & Faceless Assessment Centre, Associates, Advocates, Siddha Delhi. Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata- 700069. (Pan: Aacca4246P) (Appellant) (Respondent)

section 115BBE of the Act and added the alleged purchase of raw material of Rs.57,49,01,910/- and assessed the income accordingly. 6. Aggrieved, assessee preferred appeal before the Ld. CIT(A) and filed detailed written submission in support of its contention that purchases were genuine and also enclosed the copy of GST returns, party wise details and quantity

ACIT, CC-2(1), KOL, KOLKATA vs. SHALIMAR HATCHERIES LIMITED, KOLKATA

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

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawali.T.A. No. 546/Kol/2023) Assessment Year: 2012-2013 Assistant Commissioner Of Income Tax,....Appellant Central Circle-2(1), Kolkata, Aayakar Bhawan Poorva, 3Rd Floor, 110, Shanti Pally, Kolkata-700107 -Vs.- Shalimar Hatcheries Ltd.,......................Respondent 46C, Chowringhee Road, Park Street, 17Th Floor, Everest House, Kolkata-700071 [Pan: Aadcs6537J] - A N D - C.O. No. 13/Kol/2023 (In I.T.A. No. 546/Kol/2023) Assessment Year: 2012-2013 Shalimar Hatcheries Ltd.,..................Cross Objector 46C, Chowringhee Road, Park Street, Kolkata-700071 [Pan: Aadcs6537J] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Central Circle-2(1), Kolkata, Aayakar Bhawan Poorva, 110, Shanti Pally, Kolkata-700107 Appearances By: Shri P.P. Barman, Addl. Cit, Appeared On Behalf Of The Revenue

153 taxmann.com 244 (Bombay) – Order dated 08.08.2023; (viii) Ferrous Infra Pvt. Ltd. –vs.- DCIT- 63 taxmann.com 201 (Delhi)- Order dated 21.05.2015. Sr. 1 to 8 (index) 5 Assessment Year: 2012-2013 & C.O. No. 13/KOL/2023 (in ITA No. 546/KOL/2023) Shalimar Hatcheries Ltd. The copies of these decisions have been filed before us as discernable from the above Index. 9. We have

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"

153 assess or reassess such income. Thus, what is important to note here is that the Assessing Officer should have reason to believe that income chargeable to tax has escaped assessment. The Reason to believe being the foremost criteria for reopening of assessment under section 148 of the Act, it should be interpreted in the right perspective. 'Reason to believe

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"

153 assess or reassess such income. Thus, what is important to note here is that the Assessing Officer should have reason to believe that income chargeable to tax has escaped assessment. The Reason to believe being the foremost criteria for reopening of assessment under section 148 of the Act, it should be interpreted in the right perspective. 'Reason to believe