SEARSALE SRI RAM KRISHNA SHARADA CHETANA SANGHA,BURDWAN vs. WARD-2(1),EXEMPTION. , DURGAPUR

The appeals of the assessee are treated as allowed for statistical purposes

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumar

120/-, due to delay in filing Form 10B report in on line portal. In first appeal, before the CIT(A), NFAC , ( against order of CPC, Bangalore ) the first appeal authority has passed the appeal order, dated 06/01/2023, ignoring the CBDT circular No. 2/2020, on the issue of condonation of delay in uploading Form 10B electronically in online portal. ~ CIRCULAR

ITO, WARD - 2(3), KOLKATA, KOLKATA vs. M/S. HEIGHT INSURANCE SERVICES LTD.,, KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2163/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10)

condon the delay and admit the appeal for hearing on merits. M/s Height Insurance Services Ltd. Assessment Year:2009-10 3. The grounds of appeal raised by the revenue are as follows: 1. “In the facts and in the circumstances and on points of law, the Ld. CIT (A) has erred in not appreciating that the AO highlighted that

VRINDA ENGINEERS PVT. LTD. ,KOLKATA vs. PCIT, CER-1, KOLKATA. , KOLKATA

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

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. Nos. 1274/Kol/2023 Assessment Year: 2012-2013 Vrinda Engineers Pvt. Ltd.,.......................Appellant C/O. Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite-213, 2Nd Floor, Kolkata-700069 [Pan: Aaacv9131E] -Vs.- Principal Commissioner Of Income Tax,....Respondent Central-1, Kolkata, Aayakar Bhawan Poorva, 110, Shantipally, E.M. Bypass, Kolkata-700107 -A N D- I.T.A. Nos. 1232/Kol/2023 Assessment Year: 2012-2013 Vrinda Engineers Pvt. Ltd.,.......................Appellant C/O. Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite-213, 2Nd Floor, Kolkata-700069 [Pan: Aaacv9131E] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Central Circle-1(1), Kolkata, Aayakar Bhawan Poorva, 110, Shantipally, E.M. Bypass, Kolkata-700107

condone the delay in filing the appeal and proceed to decide the appeal on merit. 11. The solitary grievance of the assessee is that ld. Commissioner has erred in taking cognizance under section 263 and setting aside the second reassessment order dated 30.09.2019. Before adverting to the show-cause notice issued under section 263, we deem it appropriate to take

VRINDA ENGINEERS PVT. LTD. ,KOLKATA vs. ACIT,C.C-1(1),KOLKATA. , KOLKATA

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

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. Nos. 1274/Kol/2023 Assessment Year: 2012-2013 Vrinda Engineers Pvt. Ltd.,.......................Appellant C/O. Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite-213, 2Nd Floor, Kolkata-700069 [Pan: Aaacv9131E] -Vs.- Principal Commissioner Of Income Tax,....Respondent Central-1, Kolkata, Aayakar Bhawan Poorva, 110, Shantipally, E.M. Bypass, Kolkata-700107 -A N D- I.T.A. Nos. 1232/Kol/2023 Assessment Year: 2012-2013 Vrinda Engineers Pvt. Ltd.,.......................Appellant C/O. Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite-213, 2Nd Floor, Kolkata-700069 [Pan: Aaacv9131E] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Central Circle-1(1), Kolkata, Aayakar Bhawan Poorva, 110, Shantipally, E.M. Bypass, Kolkata-700107

condone the delay in filing the appeal and proceed to decide the appeal on merit. 11. The solitary grievance of the assessee is that ld. Commissioner has erred in taking cognizance under section 263 and setting aside the second reassessment order dated 30.09.2019. Before adverting to the show-cause notice issued under section 263, we deem it appropriate to take

KANOI TEA PRIVATE LIMITED,KOLKATA vs. P.C.I.T. - 2, KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Ble

condone the delay of 963 days and admit this appeal for adjudication. 10. The assessee has raised the following grounds of appeal:- “1. That, on the facts and in the circumstances of the case, the Ld. Pr. C.I.T.-2, Kolkata erred in law in assuming jurisdiction u/s.263 of the Act in order to impose his own views

M/S MBL INFRASTRUCTURES LTD.,KOLKATA vs. DCIT, CENTRAL CIRCLE-2(2), KOLKATA, KOLKATA

Appeal is allowed

Bench: Shri P. M. Jagtap, V.P & Shri S. S. Godara, Jm आयकर अपीलसं./I.T.A No.427/Kol/2018 ("नधा"रण वष" / Assessment Year: 2012-13) M/S. Mbl Infrastructure Ltd. Vs Dcit, Central Circle-2(2), Kolkata . 1St Floor, Divine Bliss, 2/3, Judges Court Road, Kolkata – 700027. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccm0564C (Appellant) .. (Respondent) Appellant By : Shri S. K. Tulsiyan, Advocate Respondent By : Shri Ram Bilash Meena, Cit(Dr) सुनवाईक"तार"ख/ Date Of Hearing : 06/10/2020 घोषणाक"तार"ख/Date Of Pronouncement : 22/10/2020

condone the delay herein of 291 days. The case is now taken up for adjudication on merits. 3. We advert to the basic relevant facts. This assessee is a company engaged in road infrastructure development and maintenance business. It files its original return on 29.09.12 declaring total income of Rs.85,69,37,910/-. The Assessing Officer thereafter completed the regular

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]

4 I.T.A. No.170/Kol/2022 Assessment Year: 2008-09 Girik Estate Pvt. Ltd. meant to see that parties do not resort to dilatory tactics but seek their remedy promptly. The idea is that every legal remedy must be kept alive for a legislatively fixed period of time. A court knows that refusal to condone delay would result foreclosing a suitor from putting

BHARAT TIRTHA RICE MILL,BURDWAN EAST vs. PCIT, ASANSOL, ASANSOL

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

condone the delay and proceed to decide the appeal on merit. 10. The grievance of the assessee is that the ld. CIT has erred in taking cognizance under section 263 of the Income Tax Act and thereby setting aside the assessment order for passing a fresh assessment order. 11. Brief facts of the case are that the assessee has filed

VEERPRABHU AUTO PVT. LTD.,KOLKATA vs. A.C.I.T., CC - 2(4), KOL, KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

condone the delay and admit the appeals for adjudication. ITA No.:1218/KOL/2024 Assessment Year: 2016-17 Veerprabhu Auto Pvt. Ltd. 2. The assessee is in appeal before the Tribunal raising the following grounds of appeal: “1. That on the facts and in the circumstances of the case, the Ld. CIT (A) erred in sustaining the action

KARAN POLYMERS PVT LTD,KOLKATA vs. PCIT-2, KOLKATA

In the result, the appeal of the assessee is allowed as per the terms indicated herein above

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

condone the delay of the assessee and proceed to hear the case on merits. 3. The assessee is in appeal before this Tribunal raising the following grounds: “1. That the order passed by Ld. Principal Commissioner of Income Tax, Kolkata-2 under section 263 of the Income Tax Act, 1961 setting aside the assessment order dated 30th November, 2018 passed

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

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

JAS EQUIPMENTS & ENGINEERS PVT. LTD.,DURGAPUR vs. D.C.I.T., CIRCLE - 2,, DURGAPUR

In the result, both the appeals of the assessee are allowed for statistical purposes

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Rajesh Kumari.T.A. Nos. 519 & 520/Kol/2025 Assessment Year: 2012-2013 Jas Equipments & Engineers Pvt. Limited,…Appellant S-12, Durgapur Industrial Estate, J.P. Avenue, Durgapur-713212, W.B. [Pan:Aabcj9126E] -Vs.- Deputy Commissioner Of Income Tax,..…….Respondent Circle-2, Durgapur, Aayakar Bhawan, City Centre, Durgapur-734101, West Bengal Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Assessee Ms. Ruchika Sharma, Addl. Cit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: August 06, 2025 Date Of Pronouncing The Order: September 30, 2025 O R D E R

B’ BENCH, KOLKATA Before Shri Duvvuru RL Reddy, Vice-President (KZ) & Shri Rajesh Kumar, Accountant Member I.T.A. Nos. 519 & 520/KOL/2025 Assessment Year: 2012-2013 Jas Equipments & Engineers Pvt. Limited,…Appellant S-12, Durgapur Industrial Estate, J.P. Avenue, Durgapur-713212, W.B. [PAN:AABCJ9126E] -Vs.- Deputy Commissioner of Income Tax,..…….Respondent Circle-2, Durgapur, Aayakar Bhawan, City Centre, Durgapur-734101, West Bengal

JAS EQUIPMENTS & ENGINEERS PVT. LTD.,DURGAPUR vs. D.C.I.T., CIRCLE - 2,, DURGAPUR

In the result, both the appeals of the assessee are allowed for statistical purposes

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Rajesh Kumari.T.A. Nos. 519 & 520/Kol/2025 Assessment Year: 2012-2013 Jas Equipments & Engineers Pvt. Limited,…Appellant S-12, Durgapur Industrial Estate, J.P. Avenue, Durgapur-713212, W.B. [Pan:Aabcj9126E] -Vs.- Deputy Commissioner Of Income Tax,..…….Respondent Circle-2, Durgapur, Aayakar Bhawan, City Centre, Durgapur-734101, West Bengal Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Assessee Ms. Ruchika Sharma, Addl. Cit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: August 06, 2025 Date Of Pronouncing The Order: September 30, 2025 O R D E R

B’ BENCH, KOLKATA Before Shri Duvvuru RL Reddy, Vice-President (KZ) & Shri Rajesh Kumar, Accountant Member I.T.A. Nos. 519 & 520/KOL/2025 Assessment Year: 2012-2013 Jas Equipments & Engineers Pvt. Limited,…Appellant S-12, Durgapur Industrial Estate, J.P. Avenue, Durgapur-713212, W.B. [PAN:AABCJ9126E] -Vs.- Deputy Commissioner of Income Tax,..…….Respondent Circle-2, Durgapur, Aayakar Bhawan, City Centre, Durgapur-734101, West Bengal

M/S. PEARL TRACOM PVT. LTD.,KOLKATA vs. PCIT-4, KOLKATA, KOLKATA

Bench: Sri Rajpal Yadav & Dr. Manish Borad

condone the delay and admit the appeal for adjudication on merits. 3. The assessee is in appeal before this Tribunal raising the following grounds: “1. For that in view of the facts and in the circumstances, the Ld. PCIT was wholly unjustified in setting aside the order passed by the AO u/s 263/143(3) dt. 30.12.2016 holding the said order

KGVK AGRO LIMITED,KOLKATA vs. PCIT, KOLKATA-2., KOLKATA

In the result, the appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. No. 549/Kol/2023 Assessment Year: 2018-2019 Kgvk Agro Limited,..................................Appellant Block-A, 3Rd Floor, Flat-3, 46B, Sridhar Roy Road, Kolkata-700039 [Pan: Aaacu9032H] -Vs.- Principal Commissioner Of Income Tax,....Respondent Kolkata-2, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Anuj Masaddi, A.R., Appeared On Behalf Of The Assessee Shri Abhijit Kundu, Cit (Dr), Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : January 25, 2024 Date Of Pronouncing The Order : February 19, 2024

condone the delay and proceed to decide the appeal on merit. 3. The assessee has taken four grounds of appeal. Its grievance is that ld. CIT has erred in taking cognizance under section 263 of the Income Tax Act and thereby setting aside the assessment order with a direction that disallowance of loss to the extent of Rs.67

AC CONSTRUCTION,KOLKATA vs. ITO, KOLKATA

In the result, Grounds No

Bench: Shri Rajesh Kumar&Shri Sonjoy Sarma]

condoning the delay. 3. Issue raised in ground no. 1 and 2 are general in nature and does not need any specific adjudication. 2 I.T.A. No.374/Kol/2023 Assessment Year: 2007-08 AC Construction 4. Issue raised in ground no. 3 and 4 are not pressed at the time of hearing. Accordingly dismissed as not pressed. 5. Issue raised in ground

FACIT SALES(P) LTD.,KOLKATA vs. PCIT, KOL-5, KOLKATA

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

Bench: Sri Sanjay Garg & Sri Manish Borad)

condone the delay of the assessee and proceed to hear the case on merits. 4. The Pr. CIT-5, Kolkata invokes the provisions of Section 263 of the Act and issued following show-cause notice to the assessee which is extracted for ready reference: “Related to the. Assessment year 2010-2011, your case was completed u/s. 147/143