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36 results for “condonation of delay”+ Section 144Cclear

Sorted by relevance

Delhi134Mumbai98Hyderabad36Kolkata36Chennai32Bangalore31Jaipur12Pune12Ahmedabad11Chandigarh5Visakhapatnam4Indore4Rajkot3Nagpur2Dehradun2Cochin1Calcutta1Raipur1SC1Agra1Cuttack1Lucknow1

Key Topics

Section 143(3)41Section 26328Limitation/Time-bar21Section 15320Section 92C19Addition to Income19Section 14A18Section 115J17Disallowance

ZYDUS HEALTHCARE LTD,GANGTOK vs. ACIT, CIR. 3(2), GANGTOK

In the result, the appeal of the assessee is allowed

ITA 139/KOL/2021[2014-15]Status: DisposedITAT Kolkata20 Feb 2023AY 2014-15

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawali.T.A. No. 139/Kol/2021 Assessment Year: 2014-2015 Zydus Healhcare Limited,……..................Appellant (Successor To Zydus Healthcare Sikkim), 4Th Floor, ‘D’ Wing, Zudus Corporate Park, Scheme No. 63, Survey No. 536, Khoraj (Gandhinagar), Nr. Vaishnodevi Circle, Ahmedabad, Gandhinagar, Gujrat-382481 [Pan: Aaacg1895Q] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Circle-3(2), Gangtok, Sikkim-737101 Appearances By: Shri Ajit Kumar Jain, Ca & Sonal Pandey, A.R., Appeared On Behalf Of The Assessee Shri G. Hukugha Sema, Cit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : January 18, 2023 Date Of Pronouncing The Order : February 20, 2023 O R D E R

Section 143(3)Section 144CSection 153Section 156Section 271Section 271(1)(c)Section 274

condoned the delay. The one more factor, which was available before the Tribunal was that impugned order was open for debate and it is just a Cross Objection filed by the assessee. The rights in the hands of the appellant have not been crystallized. Therefore, the Tribunal made an elaborate discussion and held that such an order be termed

Showing 1–20 of 36 · Page 1 of 2

16
Section 144C15
Section 80H15
Transfer Pricing12

ACIT, CIRCLE-7.1, KOLKATA, AAYAKAR BHAWAN vs. ITC LIMITED, KOLKATA

In the result, both the appeals of the assessee are allowed and both the appeals of the revenue are dismissed

ITA 745/KOL/2024[1992-1993]Status: DisposedITAT Kolkata19 May 2025AY 1992-1993

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

For Appellant: Shri J.P. Khaitan &For Respondent: Shri Subhendu Datta, DR
Section 143(3)Section 147Section 148Section 148(2)Section 151Section 153Section 80H

section 144C(13) of the Act. In our view, therefore, Notification No. 74/2021 is also not applicable to the case at hand. 19. Even if we hold that the Relaxation Act was applicable to petitioner's case as well, still, the extension vide Notification No. 74/2021 is applicable only to cases where the time-limit has already been extended

ACIT, CIRCLE-7(1), KOLKATA, AAYAKAR BHAWAN vs. ITC LIMITED, KOLKATA

In the result, both the appeals of the assessee are allowed and both the appeals of the revenue are dismissed

ITA 744/KOL/2024[1993-1994]Status: DisposedITAT Kolkata19 May 2025AY 1993-1994

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

For Appellant: Shri J.P. Khaitan &For Respondent: Shri Subhendu Datta, DR
Section 143(3)Section 147Section 148Section 148(2)Section 151Section 153Section 80H

section 144C(13) of the Act. In our view, therefore, Notification No. 74/2021 is also not applicable to the case at hand. 19. Even if we hold that the Relaxation Act was applicable to petitioner's case as well, still, the extension vide Notification No. 74/2021 is applicable only to cases where the time-limit has already been extended

ITC LIMITED, KOLKATA. ,KOLKATA vs. DCIT,CIR-7(1),KOLKATA. , KOLKATA

In the result, both the appeals of the assessee are allowed and both the appeals of the revenue are dismissed

ITA 1318/KOL/2023[1993-94]Status: DisposedITAT Kolkata19 May 2025AY 1993-94

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

For Appellant: Shri J.P. Khaitan &For Respondent: Shri Subhendu Datta, DR
Section 143(3)Section 147Section 148Section 148(2)Section 151Section 153Section 80H

section 144C(13) of the Act. In our view, therefore, Notification No. 74/2021 is also not applicable to the case at hand. 19. Even if we hold that the Relaxation Act was applicable to petitioner's case as well, still, the extension vide Notification No. 74/2021 is applicable only to cases where the time-limit has already been extended

ACIT, CIRCLE-7(1), KOLKATA, KOLKATA vs. HI TECH SYSTEMS AND SERVICES LIMITED, KOLKATA

In the result, both the appeals of the assessee are allowed and both the appeals of the revenue are dismissed

ITA 1318/KOL/2024[2022-2023]Status: DisposedITAT Kolkata06 Jan 2025AY 2022-2023

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

For Appellant: Shri J.P. Khaitan &For Respondent: Shri Subhendu Datta, DR
Section 143(3)Section 147Section 148Section 148(2)Section 151Section 153Section 80H

section 144C(13) of the Act. In our view, therefore, Notification No. 74/2021 is also not applicable to the case at hand. 19. Even if we hold that the Relaxation Act was applicable to petitioner's case as well, still, the extension vide Notification No. 74/2021 is applicable only to cases where the time-limit has already been extended

ITC LIMITED,KOLKATA vs. DCIT, CIR-7(1), KOLKATA. , KOLKATA

In the result, both the appeals of the assessee are allowed and both\nthe appeals of the revenue are dismissed

ITA 1343/KOL/2023[1992-93]Status: DisposedITAT Kolkata19 May 2025AY 1992-93
Section 143(3)Section 147Section 148Section 148(2)Section 153Section 80H

section 144C(13) of the Act. In our view, therefore, Notification No.\n74/2021 is also not applicable to the case at hand.\n19. Even if we hold that the Relaxation Act was applicable to petitioner's case as well,\nstill, the extension vide Notification No. 74/2021 is applicable only to cases where the\ntime-limit has already been extended

LINDE INDIA LTD,KOLKATA vs. DCIT, KOLKATA

In the result appeal of the assessee is allowed

ITA 319/KOL/2023[2017-18]Status: DisposedITAT Kolkata08 Sept 2023AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Girish Agrawalassessment Year: 2017-18 Linde India Ltd. Deputy Commissioner Of (Formerly Boc India Limited) Income Tax, Circle-11(1), “Oxygen House”, P-43, Vs. Kolkata. Taratala Road, Kolkata-700 088, West Bengal. (Pan: Aaacb2528H) (Appellant) (Respondent)

For Appellant: Shri Ketan Ved, CA and Shri Alpesh Gupta, CAFor Respondent: Shri Kallol Mistry, JCIT, Sr. DR
Section 143(3)Section 144CSection 156

section 143(3) r.w.s. 144C of the Act dated 22 April 2022 (communication for DIN issued to the assessee on 8 February 2023) manually without mentioning DIN in its body and the same was passed in complete violation of the Circular bearing no. 19/2019 dated 14 August 2019.” 3. We also note that registry has observed about inordinate delay

MANORAMA DEVI JAISWAL,KOLKATA vs. ITO, WARD-35(4), KOLKATA

In the result, the appeal of the assessee is allowed

ITA 485/KOL/2020[2014-15]Status: DisposedITAT Kolkata17 Nov 2021AY 2014-15

Bench: Shri P.M. Jagtap, Vice- & Shri Partha Sarathi Chaudhury)

Section 143(3)Section 144CSection 263

144C by the AO is not a procedural lapse which can be corrected under provisions of Section 263. 4. For that the Ld. Pr. CIT erred in passing order u/s 263 in order to rectify the error/mistake committed by the AO which itself was not curable. 5. For that the appellant being in appeal against the order passed

MANORAMA DEVI JAISWAL,KOLKATA vs. ITO, WARD 35(4), , KOLKATA

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

ITA 612/KOL/2025[2014-15]Status: DisposedITAT Kolkata28 Jul 2025AY 2014-15

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 612/Kol/2025 Assessment Year: 2014-2015 Manorama Devi Jaiswal,……………..………Appellant 4, Amartolla Street, Bagri Market, Kolkata-700001 [Pan:Achpj3514H] -Vs.- Income Tax Officer,……………………….…..Respondent Ward-35(4), Kolkata, Aayakar Bhawan, 110, Shanti Pally, E.M. Byepass, Kolkata-700107 Appearances By: Shri Anil Kochar, Advocate, Appeared On Behalf Of The Assessee Shri Susanta Saha, Addl. Cit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: June 25, 2025 Date Of Pronouncing The Order: July 28, 2025 O R D E R

Section 144CSection 154Section 263

delay is condoned. 4. The contention of the ld. Counsel for the assessee is that the ld. CIT(Appeals) dismissed the appeal of the assessee mentioning that the assessment order itself is non-est as declared by the Hon’ble ITAT, Kolkata dated 17.11.2021, and he could not have exercised his revisionary jurisdiction in respect of a null and void

ACIT, CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. BATA INDIA LTD., KOLKATA

Appeal is partly allowed and the CO is dismissed

ITA 1844/KOL/2017[2009-10]Status: DisposedITAT Kolkata23 Jul 2025AY 2009-10

Bench: the Hon'ble Income Tax Appellate Tribunal, Kolkata in ITA No. 1844/Kol/2017 for the assessment year 2009-10;

Section 143(3)Section 250Section 43B

condonation of the said delay as under: “I, Durgesh Singh, S/o Surendra Singh, residing at Flat No. 508 Shakti apartment sector 15 Part II Gurgaon-122001, do hereby solemnly affirm that; 1. That, I am working as General Manager -Taxation of M/s Bata India Ltd, entrusted by the company to look after the tax matters of the company. 2. That

M/S PHILIPS INDIA LIMITED ,KOLKATA vs. PCIT-2, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 197/KOL/2021[2014-15]Status: DisposedITAT Kolkata22 Sept 2022AY 2014-15

Bench: Shri Sonjoy Sarma, Hon’Ble & Shri Girish Agrawal, Hon’Bleassessment Year: 2014-15 M/S. Philips India Limited Pcit -2, Kolkata 3Rd Floor, Tower A, Dlf Park, 08 Block Af, Major Arterial Road, Vs. New Town (Rajarhat), Kolkata- 700156. [Pan: Aabcp 9487 A] (Appellant) (Respondent) Present For: Appellant By : Shri Ketan K. Ved, Ca Respondent By : Shri Amal Kamat, Cit Date Of Hearing : 05.07.2022 Date Of Pronouncement : 22.09.2022 O R D E R Per Sonjoy Sarma, Jm: This Appeal Filed By The Assessee For The Assessment Year 2014-15 Is Directed Against The Order Dated 30.10.2018 Passed U/S 263 Of The I.T. Act By The Ld. Pcit-2, Kolkata Which Arising From The Assessment Order Dated 30.10.2018 Passed By The Acit, Circle-12(2), Kolkata Framed U/S 143(3) R.W.S. 92Ca & 144C Of The Income-Tax Act, 1961. The Grounds Raised By The Assessee Are As Follows: “1. Order Bad In Law & On Facts 1.1 That On The Facts & In The Circumstances Of The Case & In Law, The Order Passed By The Ld. Cit Under Section 263 Of The Act Is Illegal, Invalid & Not Sustainable In Law.

For Appellant: Shri Ketan K. Ved, CAFor Respondent: Shri Amal Kamat, CIT
Section 143(3)Section 154Section 263Section 37(1)

section 143(3) r.w.s. 144C of the Act dated 30 October 2018 passed by the Assessing Officer (AO) on specific issues holding that the order was erroneous and prejudicial to the interest of the Revenue, when such order was neither erroneous nor prejudicial. 2 M/s. Philips India Limited A.Y. 2014-15 1.3 That on the facts and circumstances

MCLEOD RUSSEL INDIA LTD.,,KOLKATA vs. DCIT, CIRCLE 4(1),, KOLKATA

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

ITA 384/KOL/2025[2020-21]Status: DisposedITAT Kolkata25 Aug 2025AY 2020-21

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

Section 143(1)Section 144C(1)Section 14A

delay is hereby condoned. 2 I.T.A. No. 384/Kol/2025 Assessment Year: 2020-21 Mcleod Russel India Ltd. 3. Brief facts of the case of the assessee are that the assessee company is engaged in the cultivation, processing, and sale of tea. The assessee filed its return of income for AY 2020-21 on 13.02.2021 declaring a total loss

M/S. PRICEWATERHOUSE COOPERS PRIVATE LIMITED,KOLKATA vs. ACIT, CIRCLE - 1(1), KOLKATA

In the result, the appeal of the assessee is dismissed

ITA 195/KOL/2021[2014-15]Status: DisposedITAT Kolkata27 Jun 2022AY 2014-15

Bench: Shri Rajpal Yadav(Kz) & Shri Manish Boradआयकर अपील सं.य/ Assessment Year: 2014-15 बनाम M/S.Pricewater House A.C.I.T,Cir-1(1), Kolkata Coopers Private Limited Aaykar Bhavan, P-7 V/S. Block-Ep, Plot-Y 14 Chowringhee Square, Salt Lake City, Sector- Kolkata-700 069. V, Kolkata-700 091. Pan: Aabcp9181H अपीलाथ" /Appellant ""यथ" /Respondent .. अपीलाथ" क" ओर से/By Shri Bikash Jain, Ca, Ld.Ar Appellant/Assessee ""यथ" क" ओर से/By Md. Ghyas Uddin, Cit/Ld.Dr Respondent/Department सुनवाई क" तार"ख/Date Of Hearing 14-06-2022 घोषणा क" तार"ख/Date 27-06 -2022 Of Pronouncement आदेश /O R D E R Per Manish Borad, Am. This Appeal Of The Assessee For The Assessment Year 2014-15 Is Directed Against The Order Passed U/S. 263 Of The Income-Tax Act, 1961 [ Hereinafter, Referred To As ‘The Act’] By The Ld. Pr. Commissioner Of Income-Tax [ In Short, Hereafter Referred To As ‘The Pcit’], Kolkata-1. 2. At The Time Of Hearing The Registry Has Informed That The Present Appeal Is Time Barred By 32 Days. The Assessee 1. Ay 2014-15 Price Water House Coopers P.Ltd

Section 143(2)Section 143(3)Section 144CSection 263Section 263(1)

condone the delay and admit the appeal for adjudication. 3. The assessee has raised the following grounds of appeal:- 1. That on the facts and in law and in the circumstances of the case, the order dated 24 March, 2021 passed by the learned Principal Commissioner of Income-tax - 1, Kolkata (hereinafter referred to as 'Ld. Pr. CIT') under section

ACIT, CIR. 1(1), KOLKATA vs. M/S COOKSON INDIA (P) LTD, KOLKATA

In the result, appeal of the revenue is partly allowed for statistical purpose and the Cross Objection of the assessee is dismissed

ITA 250/KOL/2021[2010-11]Status: DisposedITAT Kolkata31 Oct 2022AY 2010-11

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2010-11 Assistant Commissioner Of M/S. Cookson India Pvt. Income Tax, Circle-1(1), Vs Ltd., 10, Old Post Office Kolkata. . Street, Room No. 15A, Kolkata-700001. (Pan: Aabcc1679B) (Appellant) (Respondent) & Cross Objection No. 02/Kol/2022 In Ita No.250/Kol/2021 Assessment Year: 2010-11 M/S. Cookson India Pvt. Assistant Commissioner Of Ltd., 10, Old Post Office Vs Income Tax, Circle-1(1), Street, Room No. 15A, . Kolkata. Kolkata-700001. (Cross Objector) (Respondent)

For Respondent: Smt. Ranu Biswas, Addl. CIT, DR
Section 143(3)Section 92C

section 143(3) r.w.s. 144C 2 M/s. Cookson India Pvt. Ltd., AY 2010-11 of the Income-tax Act, 1961 (hereinafter referred to as the Act) Act by DCIT, Circle-3, Kolkata, dated 23.04.2014. 2. At the outset, we note that there is a delay of 54 days in filing the present appeal for which application for condonation

BISWADIP GHOSH,KOLKATA vs. D.C.I.T., CIRCLIE - 1(1), I.T.,, KOLKATA

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

ITA 10/KOL/2026[2017-2018]Status: DisposedITAT Kolkata02 Apr 2026AY 2017-2018

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 147Section 148Section 250Section 56(2)(vii)Section 69

condone the delay and admit the appeal for adjudication. 2. The assessee is in appeal before the Tribunal raising the following grounds of appeal: “1. For that the Ld. CIT(A) was not justified in passing an ex parte order without providing any reasonable opportunity of hearing. 2. For that the Ld. CIT(A) ought to have considered that

M/S PCM STRESCON OVERSEAS VENTURE LTD.,SILIGURI vs. PCIT-1, , KOLKATA

In the result, both appeal preferred by the revenue (ITA No

ITA 112/KOL/2021[2012-13]Status: DisposedITAT Kolkata25 Aug 2021AY 2012-13

Bench: Shri P. M. Jagtap & Shri A. T. Varkey]

Section 143(3)Section 144CSection 153Section 263

condone the delay and admit the appeal for hearing. ITA No.2652/Kol/2019 & CO No. 15/Kol/2020 PCM Strescon Overseas Ventures Ltd., AY 2012-13 2. At the outset, the Ld. A.R. for the assessee Shri Akkal Dudhwewala submitted that ITA No. 2652/Kol/2019 is preferred by the Revenue against the order of the Ld. CIT(A) for AY 2012-13 dated 24.07.2019, wherein

I.T.O.,WARD-1(1), KOLKATA vs. M/S PCM STRESCON OVERSEAS VENTURE LTD., KOLKATA

In the result, both appeal preferred by the revenue (ITA No

ITA 2652/KOL/2019[2012-13]Status: DisposedITAT Kolkata25 Aug 2021AY 2012-13

Bench: Shri P. M. Jagtap & Shri A. T. Varkey]

Section 143(3)Section 144CSection 153Section 263

condone the delay and admit the appeal for hearing. ITA No.2652/Kol/2019 & CO No. 15/Kol/2020 PCM Strescon Overseas Ventures Ltd., AY 2012-13 2. At the outset, the Ld. A.R. for the assessee Shri Akkal Dudhwewala submitted that ITA No. 2652/Kol/2019 is preferred by the Revenue against the order of the Ld. CIT(A) for AY 2012-13 dated 24.07.2019, wherein

M/S LABVANTAGE SOLUTIONS PVT. LTD.,KOLKATA vs. DCIT, CIR-2(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee in ITA No

ITA 1051/KOL/2015[2009-2010]Status: DisposedITAT Kolkata19 Oct 2016AY 2009-2010

Bench: Shri M. Balaganesh, Am & Shri S.S. Viswanethra Ravi, Jm]

For Appellant: Shri Mawheet Dalal, Advocate & Shri Gunjan Khanna, ARFor Respondent: Shri G. Mallikarjuna, CIT, DR
Section 143(1)Section 143(2)Section 144C(15)(b)Section 144C(5)Section 144C(8)Section 148Section 40Section 92C

144C(15)(b) of the Act and accordingly the ld DRP cannot assume jurisdiction and directed the ld AO to proceed as per law. (xi) The ld AR argued that the entire addition of Rs. 2,43,53,752/- made in the reassessment based on ld TPO’s order , which was passed vide illegal reference, deserves to be deleted

DCIT, CIR-2(1), KOLKATA, KOLKATA vs. M/S LABVANTAGE SOLUTIONS PVT. LTD., KOLKATA

In the result, the appeal of the assessee in ITA No

ITA 599/KOL/2015[2010-2011]Status: DisposedITAT Kolkata19 Oct 2016AY 2010-2011

Bench: Shri M. Balaganesh, Am & Shri S.S. Viswanethra Ravi, Jm]

For Appellant: Shri Mawheet Dalal, Advocate & Shri Gunjan Khanna, ARFor Respondent: Shri G. Mallikarjuna, CIT, DR
Section 143(1)Section 143(2)Section 144C(15)(b)Section 144C(5)Section 144C(8)Section 148Section 40Section 92C

144C(15)(b) of the Act and accordingly the ld DRP cannot assume jurisdiction and directed the ld AO to proceed as per law. (xi) The ld AR argued that the entire addition of Rs. 2,43,53,752/- made in the reassessment based on ld TPO’s order , which was passed vide illegal reference, deserves to be deleted

M/S LABVANTAGE SOLUTIONS PVT. LTD.,KOLKATA vs. DCIT, CIR-2(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee in ITA No

ITA 617/KOL/2015[2010-2011]Status: DisposedITAT Kolkata19 Oct 2016AY 2010-2011

Bench: Shri M. Balaganesh, Am & Shri S.S. Viswanethra Ravi, Jm]

For Appellant: Shri Mawheet Dalal, Advocate & Shri Gunjan Khanna, ARFor Respondent: Shri G. Mallikarjuna, CIT, DR
Section 143(1)Section 143(2)Section 144C(15)(b)Section 144C(5)Section 144C(8)Section 148Section 40Section 92C

144C(15)(b) of the Act and accordingly the ld DRP cannot assume jurisdiction and directed the ld AO to proceed as per law. (xi) The ld AR argued that the entire addition of Rs. 2,43,53,752/- made in the reassessment based on ld TPO’s order , which was passed vide illegal reference, deserves to be deleted