RAVI CHOUDHARY(LEGAL REP OF LT. SUSHILA CHOUDHARI),KOLKATA vs. I.T.O.,WARD-36(2), KOLKATA

In the result, the appeal of assessee is allowed

Bench: Shri A. T. Varkey, Jm ]

capital gain (long term) of Rs. 3,05,800/-, which according to the Investigation Department was a rigged transaction. Based on this information, the AO has reopened without making any preliminary enquiry and recorded the reasons to re-open. The AO before re-opening the assessment should have satisfied the condition precedent required to usurp jurisdiction under section

PACIFIC PLANTATIONS LIMITED,KOLKATA vs. DCIT, CIRCLE-5, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Hon’Ble Shri M.Balaganesh, Am & Hon’Ble Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 1643/Kol/2016 Assessment Year : 2008-09 Pacific Plantations Ltd. -Vs- Dcit, Circle-5, Kolkata [Pan: Aabcp 5418 P] (Appellant) (Respondent)

capital gains was included in the book profit chargeable to tax under that section. b) For that the Ld. CIT(A) was not justified in confirming the aforesaid addition of Rs. 9,97,405/- made by the assessing officer while computing the amount of book profit chargeable to tax u/s 115JB, as against Rs. 3,04,259/- voluntarily disallowed

ACIT, CIR-27, KOLKATA, KOLKATA vs. SHRI BIJAY KUMAR AGARWAL, KOLKATA

In the result, the appeal of revenue is dismissed

gains of Rs.6, 40, 64, 316/-, earned on sale of shares of M/s. Haraparvati Realtors Private Limited. The assessee claimed a deduction of Rs.3,99, 51,,338/- u/s 54F of the Act on account of investment in a duplex residential flat at 23A Ashoutosh Choudhury Avenue, Kolkata 700019 vide an agreement for sale dated 10-03-2008 entered into with

RAMOTAR CHOUDHARI HUF,KOLKATA vs. PCIT 5 KOLKATA, KOLKATA

In the result, the appeal of the assessee stands allowed

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.1336/Kol/2023 Assessment Year : 2013-14 Ramotar Choudhari Huf.……..…………............…...……………....Appellant 7Th Floor, R.N 25 Fortuna Tower, 23A N.S. Road, Kolkata-1. [Pan: Aanhr9093K] Vs. Pcit-5, Kolkata………….…...............................................…..…..... Respondent Appearances By: Shri S. K. Pransukha, Fca, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 06, 2024 Date Of Pronouncing The Order : May 09, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Revision Order Dated 18.10.2023 Of The Principal Commissioner Of Income Tax, Kolkata [Hereinafter Referred To As ‘Pr. Cit’] Passed U/S 263 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Agitated Against The Action Of The Pr. Cit In Exercising His Revision Jurisdiction U/S 263 Of The Act & Thereby Directing The Assessing Officer To Frame The Assessment Afresh. 2. The Brief Facts Of The Case Are That The Assessee Filed Return Of Income For The Year Under Consideration Declaring Total Income Of Rs.2,55,970/- On 21.01.2014. Thereafter, An Information Was Received By The Assessing Officer From Investigation Wing That The Assessee Has

23A N.S. Road, Kolkata-1. [PAN: AANHR9093K] vs. PCIT-5, Kolkata………….…...............................................…..…..... Respondent Appearances by: Shri S. K. Pransukha, FCA, appeared on behalf of the appellant. Shri Abhijit Kundu, CIT-DR, appeared on behalf of the Respondent. Date of concluding the hearing : May 06, 2024 Date of pronouncing the order : May 09, 2024 आदेश / ORDER संजय गग", "या"यक सद

SARITA GOENKA,KOLKATA vs. I.T.O., WARD - 49(1), KOLKATA

Appeal of the assessee is allowed

Bench: SHRI RAJESH KUMAR (Accountant Member)

23A, Netaji Subhas Road, Kolkata – 1 (W.B.) [PAN: BETPG3096Q] ..……..…...……………....Appellant vs. Income Tax Officer Ward 49(1) Uttarapan Complex, D S -IV, Ultadanga, Kolkata – 700054 ................................ Respondent Appearances by: Assessee represented by : Ravi Agarwal, CA Department represented by : Mrinmay Basak, Sr. DR Date of concluding the hearing : 16.12.2025 Date of pronouncing the order : 19.12.2025 O R D E R The present

RAVI CHOUDHARY( LEGAL REP. OF LT SUSHILA CHOUDHARI),KOLKATA vs. ITO WARD -36(2), KOLKATA

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

Bench: Shri Rajpal Yadav, Hon’Ble(Kz) & Shri Manish Borad, Hon’Ble

capital gain (long term) of Rs. 3,05,800/-, which according to the Investigation Department was a rigged transaction. Based on this information, the AO has reopened without making any preliminary enquiry and recorded the reasons to re-open. The AO before re-opening the assessment should have satisfied the condition precedent required to usurp jurisdiction under section

SHALIMAR FABRICATORS PVT LTD,KOLKATA vs. ITO, WARD 6(1), KOLKATA

In the result, assessee’s appeal for AY 2017-18 is allowed and the appeal for AY 2018-19 is partly allowed

Bench: Sri Aby T. Varkey & Sri Manish Borad)

23A Rs.20,246/- and of Rs.2,20,480/- under section 234B and Rs.102244 under section 234C. 5. That the assessee craves leave to alter/comment any grounds of appeal and to take additional grounds before or at the time of hearing of the appeal.” 3. The first common issue relates to disallowance u/s 36(1)(va) of the Act for delay

SHALIMAR FABRICATORS PVT LTD,KOLKATA vs. ITO, WARD 6(1), KOLKATA

In the result, assessee’s appeal for AY 2017-18 is allowed and the appeal for AY 2018-19 is partly allowed

Bench: Sri Aby T. Varkey & Sri Manish Borad)

23A Rs.20,246/- and of Rs.2,20,480/- under section 234B and Rs.102244 under section 234C. 5. That the assessee craves leave to alter/comment any grounds of appeal and to take additional grounds before or at the time of hearing of the appeal.” 3. The first common issue relates to disallowance u/s 36(1)(va) of the Act for delay

ACIT, CC-3(2), KOLKATA, KOLKATA vs. M/S. NARAYANI SONS. PVT. LTD., KOLKATA

In the result, all the appeals of revenue are dismissed

Bench: "ी जे. सुधाकर रे"डी, लेखा सद"य एवं/And "ी ऐ. ट". वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

capital that would be borrowed by the assessee otherwise. Hence, the amounts should be allowed as deduction. The revenue did not allow such deduction. The High Court affirmed the view. On appeal to the Supreme Court : HELD When interest is paid for committing a default in respect of a statutory liability to pay advance tax, the amount paid

ACIT, CC-3(2), KOLKATA, KOLKATA vs. M/S. NARAYANI SONS. PVT. LTD., KOLKATA

In the result, all the appeals of revenue are dismissed

Bench: "ी जे. सुधाकर रे"डी, लेखा सद"य एवं/And "ी ऐ. ट". वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

capital that would be borrowed by the assessee otherwise. Hence, the amounts should be allowed as deduction. The revenue did not allow such deduction. The High Court affirmed the view. On appeal to the Supreme Court : HELD When interest is paid for committing a default in respect of a statutory liability to pay advance tax, the amount paid

ACIT, CC-3(2), KOLKATA, KOLKATA vs. M/S. NARAYANI SONS. PVT. LTD., KOLKATA

In the result, all the appeals of revenue are dismissed

Bench: "ी जे. सुधाकर रे"डी, लेखा सद"य एवं/And "ी ऐ. ट". वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

capital that would be borrowed by the assessee otherwise. Hence, the amounts should be allowed as deduction. The revenue did not allow such deduction. The High Court affirmed the view. On appeal to the Supreme Court : HELD When interest is paid for committing a default in respect of a statutory liability to pay advance tax, the amount paid

SRI DEO KUMAR SARAF,KOLKATA vs. ACIT, CIRCLE-49, KOLKATA, KOLKATA

In the result, the appeal of assessee is allowed

Bench: Shri Mahavir Singh, Jm & Shri Waseem Ahmed, Am]

gains of business and profession. During the course of assessment proceedings the AO required the assessee to explain the details of speculation profit earned by assessee amounting to Rs.53,39,463/- but assessee could not file any detail except a certificate dated 05.12.2011 from Nakamichi Securities Ltd. 23A, N. S. Road, Kolkata-700001. The AO served a notice