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

2 & 3 in respect of alleged transaction of purchase of\ncoal with Anup Majhee and addition made thereto for different\n assessment years as follows:-\n Assessment Year\n2016-17\n2017-18\n2018-19\n2019-20\n2020-21\n2021-22\nAmount

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

2 & 3 in respect of alleged transaction of purchase of\ncoal with Anup Majhee and addition made thereto for different\n assessment years as follows:-\n Assessment Year\n2016-17\n2017-18\n2018-19\n2019-20\n2020-21\n2021-22\nAmount

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

2 & 3 in respect of alleged transaction of purchase of\ncoal with Anup Majhee and addition made thereto for different\n assessment years as follows:-\n Assessment Year\nAmount (in Rs.)\n2016-17\n2,02,84,550/-\n2017-18\n3,70,00,000/-\n2018-19\n25,14,67,500/-\n2019-20\n29,93,22,967/-\n2020

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

2 & 3 in respect of alleged transaction of purchase of\ncoal with Anup Majhee and addition made thereto for different\n assessment years as follows:-\n Assessment Year\nAmount (in Rs.)\n2016-17\n2,02,84,550/-\n2017-18\n3,70,00,000/-\n2018-19\n25,14,67,500/-\n2019-20\n29,93,22,967/\n2020

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

2 & 3 in respect of alleged transaction of purchase of\ncoal with Anup Majhee and addition made thereto for different\n assessment years as follows:-\n Assessment Year\nAmount (in Rs.)\n2016-17\n2,02,84,550/-\n2017-18\n3,70,00,000/-\n2018-19\n25,14,67,500/-\n2019-20\n29,93,22,967/\n22,00,38,030/-\n2020

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

2 & 3 in respect of alleged transaction of purchase of\ncoal with Anup Majhee and addition made thereto for different\n assessment years as follows:-\n Assessment Year\n2016-17\n2017-18\n2018-19\n2019-20\n2020-21\n2021-22\nAmount

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

2 & 3 in respect of alleged transaction of purchase of\ncoal with Anup Majhee and addition made thereto for different\n assessment years as follows:-\n Assessment Year\nAmount (in Rs.)\n2016-17\n2,02,84,550/-\n2017-18\n3,70,00,000/-\n2018-19\n25,14,67,500/-\n2019-20\n29,93,22,967/\n2020

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

2 & 3 in respect of alleged transaction of purchase of\ncoal with Anup Majhee and addition made thereto for different\n assessment years as follows:-\n Assessment Year\nAmount (in Rs.)\n2016-17\n2,02,84,550/-\n2017-18\n3,70,00,000/-\n2018-19\n25,14,67,500/-\n2019-20\n29,93,22,967/\n22,00,38,030/-\n2020

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

2 & 3 in respect of alleged transaction of purchase of\ncoal with Anup Majhee and addition made thereto for different\n assessment years as follows:-\n Assessment Year\nAmount (in Rs.)\n2016-17\n2,02,84,550/-\n2017-18\n3,70,00,000/-\n2018-19\n25,14,67,500/-\n2019-20\n29,93,22,967/\n22,00,38,030/-\n2020

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

2 & 3 in respect of alleged transaction of purchase of\ncoal with Anup Majhee and addition made thereto for different\n assessment years as follows:-\n Assessment Year\nAmount (in Rs.)\n2016-17\n2,02,84,550/-\n2017-18\n3,70,00,000/-\n2018-19\n25,14,67,500/-\n2019-20\n29,93,22,967/\n2020

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

2 & 3 in respect of alleged transaction of purchase of\ncoal with Anup Majhee and addition made thereto for different\n assessment years as follows:-\n Assessment Year\nAmount (in Rs.)\n2016-17\n2,02,84,550/-\n2017-18\n3,70,00,000/-\n2018-19\n25,14,67,500/-\n2019-20\n29,93,22,967/-\n2020

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

2 & 3 in respect of alleged transaction of purchase of\ncoal with Anup Majhee and addition made thereto for different\n assessment years as follows:-\n Assessment Year\nAmount (in Rs.)\n2016-17\n2,02,84,550/-\n2017-18\n3,70,00,000/-\n2018-19\n25,14,67,500/-\n2019-20\n29,93,22,967/\n2020

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.

vii) That on the facts and circumstances of the case, the Ld. CIT(Appeals), NFAC, Delhi, failed to acknowledge para 6.2 of the said instruction, wherein the extended reassessment notice for the A.Y.2016-17 was to be dealt as under :- Fresh notice u/s. 148 can be issued with approval of the specified authority under clause (a) of sub-section

ANIL KUMAR PAIK,KOLKATA vs. ACIT, KOLKATA

In the result, appeal of the assessee is allowed partly for statistical purposes

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 468/Kol/2023 Assessment Year: 2016-17 Anil Kumar Paik Acit, Circle-8(1), Kolkata C/O S.N. Ghosh & Associates, Advocates Vs 2, Garstin Place, 2Nd Floor Suite No. 203 Off Hare Street Kolkata - 700001 [Pan : Aflpp6567R] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Somnath Ghosh, Advocate Revenue By : Shri P.P. Barman, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 21/09/2023 घोषणा क" तारीख /Date Of Pronouncement: 29/11/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 15/03/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2016-17. 2. The Assessee Has Raised The Following Grounds Of Appeal:-

purchases + sundry creditors as on 31/03/2015 + labour charges + opening work in progress. We are surprised to observe such kind of working by the Assessing Officer which is dumb founded and has merely picked up certain figures from the financial statements on the closing dates to arrive at such irrelevant workings. He has failed to understand that when the assessee

ANIL KUMAR PAIK ,KOLKATA vs. ACIT, CIR-8(1), KOL, KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 492/Kol/2023 Assessment Year: 2017-18 Anil Kumar Paik Acit, Circle-8(1), Kolkata C/O S.N. Ghosh & Associates, Advocates Vs 2, Garstin Place, 2Nd Floor Suite No. 203 Off Hare Street Kolkata - 700001 [Pan : Aflpp6567R] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Somnath Ghosh, Advocate Revenue By : Shri B.K. Singh, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 01/12/2023 घोषणा क" तारीख /Date Of Pronouncement: 29/02/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 15/03/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. For That The Ld. Commissioner, Of Income Tax (Appeals)- N.F.A.C. Acted Unlawfully In Impliedly Sustaining; The Purported Addition Of Rs. 1,67.44,907/- Made The Ld. Assistant Commissioner, Of Income Tax, Circle 8(1) Kolkata By Invoking The Mischief U/S. 43Ca Of The Income Tax Act, 1961 Without Satisfying The Parameters Thereof & The Adverse Conclusion Reached On That Behalf In Violation Of The Statutory Prescription Is Completely Unfounded, Unjustified & Untenable In Law. 2. For That The Specious Approach Of The Ld. Commissioner Of Income Tax (Appeals)-N.F.A,C. Of Misreading Evidence, Considering Improper Facts

bogus, rather, the payment of consideration in this case has been settled and paid as per the terms of the agreement. Under the circumstances, in the peculiar I.T.A No.354/Kol/2023 Assessment year: 2015-16 M/s Reegal Construction facts and circumstances, it will not be justified to adopt the stamp duty value as on the date of execution of the sale deed

M/S SWIFT VINTRADE PVT. LTD.,KOLKATA vs. CIT, KOLKATA-1I, KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Year: 2009-10

56 (2) of the IT Act had come into effect only from assessment year 2013-14 that there was no yard stick either in the Company's Act or in the Income tax Act to fix or regulate share premium. iii) That the A.O. had conducted proper inquiry regarding the identity and creditworthiness of the shareholders. Confirmation letters along with

PRATIK AGARWAL BENEFICIARY TRUST ,KOLKATA vs. ACIT, C.C.-3(1), , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

Bench: Sri Sanjay Garg & Dr. Manish Borad

section 143(2) for the assessment where assessment is made u/s 143(3) failing which makes the assessment is void ab initio. iv) The Hon'ble Supreme Court in the case of CIT vs. Odeon Builders Private Limited [2019] 418 ITR 315 (SC) has held that Addition or disallowance cannot be made solely on third-party information without independently subjecting

M/S. GATEWAY FINANCIAL SERVICES LTD., ,KOLKATA vs. ACIT, CC - 3(1), KOLKATA , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

Bench: Sri Sanjay Garg & Dr. Manish Borad

section 143(2) for the assessment where assessment is made u/s 143(3) failing which makes the assessment is void ab initio. iv) The Hon'ble Supreme Court in the case of CIT vs. Odeon Builders Private Limited [2019] 418 ITR 315 (SC) has held that Addition or disallowance cannot be made solely on third-party information without independently subjecting