BASUDEV BANIK ,BENGAL ENAMEL. vs. PCIT-5, KOL, KOLKATA
In the result, appeals of the assessee are allowed
ITA 1034/KOL/2023[2016-17]Status: DisposedITAT Kolkata19 Dec 2023AY 2016-17
Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 1029 To 1035/Kol/2023 Assessment Year: 2011-12 To 2017-18 Basudev Banik Pcit -5, Kolkata 2, Ghosh Para Road, Palta Vs P.O.: Bengal Enamel 24 Pargana (N) Pin:- 743122 [Pan: Aakpy3403B] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Miraj D. Shah, A/R Revenue By : Shri S. Datta, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 14/12/2023 घोषणा क" तारीख /Date Of Pronouncement: 19/12/2023 आदेश/O R D E R Per Bench : The Above Captioned Appeals Are Directed At The Instance Of The Assessee Against The Separate But Identical Orders Of The Principal Commissioner Of Income Tax, Kolkata-5, (Hereinafter The “Ld. Pr. Cit”), Passed U/S 263 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Years 2011-12 To 2017-18. 2. The Registry Has Pointed Out That There Is A Delay Of 493 Days In Filing The Present Appeals By The Assessee. The Assessee Has Filed A Petition For Condonation Of Delay Which Is Placed On Record Explaining The Reasons. The Same Is Extracted For Ready Reference:- “I Basudev Banik, Son Of Kartick Chandra Banik Of 2. Ghosh Para Road, Palta, Po: Bengal Enamel. Dist. 24. Parganas (N). Pin: 743122, By Occupation Business, Having Pan No.Ahipb4753G , Do Hereby Solemnly Declare & Affirm As Follows: 1. That I Am Carrying On Trading Business Of Two Wheeler Motor Vehicle Under The Name & Style M/S. Banik Motors.
For Appellant: Shri Miraj D. Shah, A/RFor Respondent: Shri S. Datta, CIT, D/R
Section 132Section 132ASection 144Section 153(1)Section 153ASection 153BSection 263
condone the delay in the interest of justice and proceed to admit the appeals for hearing.
3. The common issue involved in all these appeals before us is wrong assumption of jurisdiction u/s 263 of the Act by the ld. Pr. CIT.
4. At the outset, the ld. Counsel for the assessee submitted that the since the assessment orders which
