DCIT, CIR-5(1), KOLKATA, KOLKATA vs. M/S. PROFICIENT COMMODITIES PVT. LTD., KOLKATA

In the result, the cross objection filed by the assessee in CO No

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1346/Kol/2016 ("नधा"रणवष" / Assessment Year:2012-13)

condone the delay and admit the cross objection of the assessee for hearing. M/s Proficient Commodities Pvt. Ltd. M/s Proficient Commodities Pvt. Ltd. ITA No.1346/Kol/2016&C. O. No. 2016&C. O. No. 36/Kol/2019 Assessment Year: Assessment Year:2012-13 6. At the outset itself, the ld. Counsel for . At the outset itself, the ld. Counsel for the assessee submitted that

GIRIK ESTATE PVT. LTD.,KOLKATA vs. I.T.O., WARD 6(2), , KOLKATA

In the result, the appeal of the assessee stands allowed

Bench: Shri Rajesh Kumar & Shri Sonjoysarma]

condone the delay and proceed to decide the appeal on merit. 9. Vide issue raised in ground no. 2, the assessee has assailed the order of Ld. CIT(A) upholding the assessment framed u/s 143(3) r.w.s. 147 of the Act of the Act which is invalid, ab-initio void, ultra vires and ex-facie nullity in the eyes

AL AMEEN ISLAMICK TRUST,HOWRAH vs. ADDITIONAL DIRECTOR OF INCOME TAX, CENTRALIZED PROCESSING CENTRE, , BENGALURU

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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra]

C’, KOLKATA [Before Shri Sonjoy Sarma, Judicial Member & Shri Rakesh Mishra, Accountant Member] I.T.A. No. 617/Kol/2024 Assessment Year : 2020-21 Al Ameen Islamick Trust vs ADIT, CPC, Bengaluru PAN: AAFTA 5464 R Appellant Respondent Date of Hearing 19.06.2024 Date of Pronouncement 20.06.2024 For the Assessee Shri Sanjay Bhattacharaya, FCA For the Revenue Shri Manoj Kumar Pati, Addl. CIT/Sr. DR ORDER

NABARUN S K U S LTD.,NADIA vs. I.T.O.WARD-41(1), KRISHNANAGAR

Condonation of delay under clause (b) of sub-section (2) of section 119 of the Income-tax Act, 1961 for returns of income claiming deduction u/s 80P of the Act for various assessment years from AY 2018-19 to AY 2022-23-Reg Section 80P of the Income-tax Act, 1961 (hereafter referred to as 'Act') provides for deduction

NAKASHIPARA THANA CO-OPERATIVE AGRIL MARKETING SOCIETY LIMITED,KOLKATA vs. ASSTT. DIRECTOR, CPC, BENGALURU

In the result, the appeal of the assessee is allowed for statistical purpose

Bench: : Sri Manish Boradआयकर अपील सं"या/ I.T.A. No. 504/कोल/2021 "नधा"रण वष"/Assessment Year: 2019-20 Nakashipara Thana Co-Operative Agril Marketing (अपीलाथ")/Appellant Society Limited………………….…………………. [Pan: Aaban 3131 H] Vs. Adit, Cpc, Bengaluru..........................................(""यथ")/Respondent Appearances By: कोई नह"ं/None Appeared On Behalf Of The Assessee. Sh. Biswanath Das, Cit, D/R, Appeared On Behalf Of The Revenue. सुनवाई क" "त"थ/ Date Of The Hearing : August 22Nd, 2022 आदेश उ"ोषणा क" ितिथ/ Date Of Pronouncing The Order : September 8Th , 2022 Order This Appeal Filed By The Assessee Pertaining To The Assessment Year (In Short “Ay”) 2019-20 Is Directed Against The Order Passed U/S 250 Of The Income Tax Act, 1961 (In Short The “Act”) By Ld. Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [In Short Ld. “Cit(A)”] Dated

condone such kind of delay in filing return of income, which has happened in the instant case. However, as per provisions of section 119(2)(c

SMITA BISWAS,JALPAIGURI vs. A.C.I.T., CIRCLE-1(1), JALPAIGURI, JALPAIGURI

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar]

condone the delay. 5. The assessee has raised legal issue before us that the assessment was framed by ACIT, Circle-1(1), Jalpaiguri instead of jurisdiction with ITO, Ward-1(4), Jalpaiguri who issued the notice u/s 143(2) of the Act and has the pecuniary jurisdiction in terms of Instruction No. 1/2011{F.No.187/12/2010-IT(A-I)}. 6. Facts

M/S. KALYAN EDUCATIONAL SOCIETY,BUDBUD, BURDWAN (EAST) vs. A.C.I.T., CIRCLE - 2, DURGAPUR, DURGAPUR

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No. 106/Kol/2023 Assessment Year: 2020-2021 M/S. Kalyan Educational Society,..............Appellant Budbud Bye Pass (North), Distg. Bardhaman-713403 [Pan: Aabtk2860K] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Circle-2, Durgapur, Aayakar Bhawan, Durgapur, West Bengal Appearances By: Shri S.K. Tulsiyan, Advocate, Smt. Puja Somani, C.A., Appeared On Behalf Of The Assessee Shri Subhrajyoti Bhattacharjee, Cit (Dr), Appeared On Behalf Of The Revenue

c t , 1961 the person in receipt of the income has furnished the return of income for the previous year in accordance with the provisions of sub-section (4A) of section 139, within the time allowed under that section. Otherwise the exemption u/s-11 i.e.sr. no 4(i) and 4 viii in schedule Part BTI is not allowed.” Based on this

THE PEERLESS GENERAL FINANCE & INVESTMENT CO. LTD.,,KOLKATA vs. DCIT, CIRCLE - 3(1), KOLKATA, KOLKATA

In the result, appeal of the assessee in ITA No

Bench: Shri A.T. Varkey, J.M. & Dr.A.L.Saini, A.M.)

condone the delay and admit the appeal of Revenue for hearing. ITA No. 937/K/18 ITA No. 938/K/18 ITA No. 1439/K/18 A.Y 2010­11 The Peerless General Finance & Investment Co.Ltd 3 6. We shall take summarized and concise ground No.1, which reads as follows: (1). Ground No. 1 raised by the assessee in ITA No. 937/Kol/2018, for A.Y 2010­11 and Ground

THE PEERLESS GENERAL FINANCE & INVESTMENT CO. LTD.,,KOLKATA vs. DCIT, CIRCLE - 3(1), KOLKATA, KOLKATA

In the result, appeal of the assessee in ITA No

Bench: Shri A.T. Varkey, J.M. & Dr.A.L.Saini, A.M.)

condone the delay and admit the appeal of Revenue for hearing. ITA No. 937/K/18 ITA No. 938/K/18 ITA No. 1439/K/18 A.Y 2010­11 The Peerless General Finance & Investment Co.Ltd 3 6. We shall take summarized and concise ground No.1, which reads as follows: (1). Ground No. 1 raised by the assessee in ITA No. 937/Kol/2018, for A.Y 2010­11 and Ground

DCIT, CIRCLE - 5(1), KOLKATA, KOLKATA vs. M/S. COAL INDIA LIMITED , KOLKATA

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

condone the delay and admit the appeal for adjudication. 1.3 Since the issues are common, all the eight appeals were heard together and are being decided vide this common order for the sake of convenience and brevity. 2. The assessee has raised the following grounds of appeal in ITA No. 466/KOL/2018: “1) That on the facts and circumstances

DCIT, CIR-5(1), , KOLKATA vs. M/S COAL INDIA LTD., KOLKATA

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

condone the delay and admit the appeal for adjudication. 1.3 Since the issues are common, all the eight appeals were heard together and are being decided vide this common order for the sake of convenience and brevity. 2. The assessee has raised the following grounds of appeal in ITA No. 466/KOL/2018: “1) That on the facts and circumstances

ACIT, CIRCLE - 6(2), KOLKATA vs. M/S. NAGREEKA SYNTHETICS PVT. LTD., KOLKATA

In the result, the appeal of the revenue is allowed for statistical purposes and the cross-objection by the assessee are dismissed

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 427/Kol/2019 Assessment Year: 2009-10 Asst. Commissioner Of Income Tax, M/S. Nagreeka Synthetics Pvt. Ltd. Circle-6(2), Kolkata Vs 6Th Floor, Jain Chamber 18, R.N. Mukherjee Road Kolkata - 700001 [Pan : Aaacn8691D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) C.O. No. 19/Kol/2021 Assessment Year: 2009-10 M/S. Nagreeka Synthetics Pvt. Ltd. Asst. Commissioner Of Income 6Th Floor, Jain Chamber Vs Tax, Circle-6(2), Kolkata 18, R.N. Mukherjee Road Kolkata - 700001 [Pan : Aaacn8691D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S.D. Verma, Advocate Revenue By : Shri Abhijit Kundu, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 05/09/2023 घोषणा क" तारीख /Date Of Pronouncement: 09/11/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)- 4, Kolkata (Hereinafter The “Ld. Cit(A)”) Dt. 21/06/2018, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2009- 10. The Assessee Has Filed A Cross-Objection Being C.O. No. 19/Kol/2021. 2. The Registry Has Pointed Out That There Is A Delay Of 965 Days In Filing The Cross-Objection By The Assessee. The Assessee Has Filed A 2

condone the delay and proceed to admit the same for hearing. 3. First, we will take up the revenue’s appeal. The facts in brief are that the assessee is a private limited company engaged in the business of trading, manufacturing and investment. Loss of Rs.39,45,49,119/- declared in the e-return for Assessment Year 2009-10 furnished

ITO (EXEMPTION), WARD - 1(1), KOLKATA, KOLKATA vs. INDIAN SUGAR MILLS ASSOCIATION, DELHI

In the result, the appeal of the revenue is dismissed

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

section 119(2)(b) has delegated the powers to PCIT/CIT to condone the delay in filing Form 10B beyond 365 days upto 3 years from the assessment year 2018-19 or for subsequent years and if this circular had applied in the case of assessee then also the time for condonation is as much as within 3 years of such

MR. DEBABRATA DATTA,KOLKATA vs. ACIT, CIR. 1(1), KOLKATA

In the result, the appeal filed by the assessee is partly allowed

Bench: Dr. Manish Borad & Sonjoy Sarma

condone the delay and admit the appeal for adjudication. 3. The assessee is in appeal before the Tribunal raising the following grounds of appeal: “1. Re.: Taxability of salary income 1.1. The Hon'ble CIT(A) has erred in confirming the action of the Assessing Officer ("AO") of determining the taxable salary income of the Appellant

DCIT, CIRCLE - 5(1) , KOLKATA vs. M/S. L & T FINANCE LTD., , KOLKATA

In the result, appeal of the revenue is dismissed and Cross Objection of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2014-15 Deputy Commissioner Of L & T Finance Ltd. Income Tax, Circle-5(1), Vs. 7Th Floor, A Wing, Block Bp, Kolkata Sector V, Kolkata-700091. (Pan: Aacca1963B) (Appellant) (Respondent) & C.O. No. 10/Kol/2023 In Ita No.1781/Kol/2019 Assessment Year: 2014-15 L & T Finance Ltd. Deputy Commissioner Of Vs. 7Th Floor, A Wing, Block Bp, Income Tax, Circle-5(1), Sector V, Kolkata-700091. Kolkata. (Cross Objector) (Respondent)

C” BENCH KOLKATA BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER Assessment Year: 2014-15 Deputy Commissioner of L & T Finance Ltd. Income Tax, Circle-5(1), Vs. 7th Floor, A Wing, Block BP, Kolkata Sector V, Kolkata-700091. (PAN: AACCA1963B) (Appellant) (Respondent) & C.O. No. 10/Kol/2023 In ITA No.1781/Kol/2019 Assessment Year: 2014-15 L & T Finance

RANISATI HOSIERY (P) LTD. ,KOLKATA vs. PCIT-4, KOLKATA. , KOLKATA

In the result, appeal of the assessee stands allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.1278/Kol/2023 Assessment Year : 2012-13 Ranisati Hosiery (P) Ltd…….….…………............…...……………....Appellant Siddha Weston, Room No.126, 9, Weston Street, Kolkata – 700013. [Pan: Aafcr2959B] Vs. Pcit-4, Kolkata…………..….............................................…..…..... Respondent Appearances By: Shri Rajeeva Kumar & Giridhar Dhelia, Ar, Appeared On Behalf Of The Appellant. Shri Rakesh Kumar Das, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 31, 2024 Date Of Pronouncing The Order : March 18, 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 12.03.2019 Of The Principal Commissioner Of Income Tax-4, Kolkata [Hereinafter Referred To As ‘Pcit’] Passed U/S 263 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. As Per The Note Of The Registry, The Appeal Is Time Barred By 1722 Days. A Separate Application For Condonation Of Delay Has Been Filed Which Is Further Supported With The Affidavit Of Shri Bhupendra Bansal, Director Of The Assessee Company. It Has Been Explained That The Impugned Order Dated 12.03.2019. That The Copy Of The Order Was Not Served Upon The Assessee. That The Assessee Came To Know About The Passing Of The Impugned Order Only After The Receipt Of The Subsequent Assessment Order Passed U/S 144 R.W.S. 263 Of The Act. The Assessee

delay in filing the present appeal is hereby condoned. 3. The assessee in this appeal has contested the very validity of the revision order passed by the ld. PCIT. 4. The brief facts of the case are that the assessee company e-filed its revised return of income on 18-03-2013 declaring nil total income. The case was selected

M/S COAL INDIA LTD.,KOLKATA vs. DCIT, CIR-5(1), , KOLKATA

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

condone the delay and admit the appeal for adjudication. 1.3 Since the issues are common, all the eight appeals were heard together and are being decided vide this common order for the sake of convenience and brevity. 2. The assessee has raised the following grounds of appeal in ITA No. 466/KOL/2018: “1) That on the facts and circumstances

ASHRAMA PRAKTAN CHHATRA SANGHA,KOLKATA vs. I.T.O., WARD - 1(4), (EXEMPTION), KOLKATA

In the result, the appeal filed by the assessee is dismissed

Bench: Your Lordship For Justice In Connection Of Uphold Assessment Order Under Section 143(3) For The

c) That the Appellant could not engage for the assignment present authorized advocate for filling appeal before your Lordship for justice in connection of uphold assessment order under section 143(3) for the Assessment year 2016-17 in respect of order under Section154 read with section 250 of the Income Tax Act, 1961 in due Course ie, within time limit