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14 results for “condonation of delay”+ Section 36(1)(viia)clear

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Key Topics

Section 43B20Section 143(3)15Section 115J13Section 36(1)(viia)12Deduction12Disallowance6Section 36(1)(vii)5Section 2634Addition to Income

DCIT, CIRCLE - 6 KOLKATA, KOLKATA vs. UCO BANK, KOLKATA

ITA No.1329/K/08

ITA 197/KOL/2011[2007-08]Status: DisposedITAT Kolkata18 Mar 2016AY 2007-08

Bench: : Shri Mahavir Singh & Shri M. Balaganesh

For Appellant: S/Shri D.S Damle, FCAFor Respondent: Shri G.Mallikarjana, CIT, ld.DR
Section 143(3)Section 36(1)(vii)Section 36(1)(viia)

36(1)(viia) OF THE ACT – Rs. 84,34,52,800/- Ground No. 4 for Asst Year 2003-04 During the course of hearing, the Learned AR stated that the assessee is not willing to press this ground. Hence the ground no. 4 raised by the assessee in ITA No. 1329/Kol/2008 is dismissed as not pressed. 7. DISALLOWANCE OF PRIOR

DCIT, CIR-2, JALPAIGURI, JALPAIGURI vs. M/S UTTAR BANGA KSHETRIYA GRAMIN BANK, COOCHBIHAR

4
Limitation/Time-bar3
Section 143(2)2
Section 52

In the result, assessee’s CO is partly allowed for statistical purpose

ITA 576/KOL/2015[2010-2011]Status: DisposedITAT Kolkata08 Nov 2017AY 2010-2011

Bench: Shri Aby.T Varkey & Shri Waseem Ahmedassessment Year:2010-11

Section 143(3)Section 36(1)(vii)Section 36(1)(viia)

condone the delay and admit the Revenue’s appeal for hearing. 3. The appeal as well as CO is heard together and being disposed of by way of this common order for the sake of convenience. 4. First we take up Revenue’s appeal. The grounds raised by Revenue are as under:- “1. The Ld. CIT(A) has relied upon

DCIT, CIRCLE -6 KOLKATA, KOLKATA vs. M/S NATIONAL INSURANCE CO. LTD., KOLKATA

In the result, all the appeals of the revenue are dismissed

ITA 674/KOL/2012[2005-06]Status: DisposedITAT Kolkata05 Aug 2016AY 2005-06

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am]

For Appellant: Shri Hari Shankar Lal, CITFor Respondent: Shri Sanjay Bhattacharya, FCA
Section 115JSection 143(3)

condoned for computation of income as per income Tax Act and is to be considered as Income of the assessee. As such a total sum of Rs.2,22,78,598/- is added back as assessee's income.” 7.1. The assessee stated that Section 2(24)(x) of the Act provides that any sum received by the assessee from his employees

DCIT, CIRCLE -6 KOLKATA, KOLKATA vs. M/S NATIONAL INSURANCE CO. LTD., KOLKATA

In the result, all the appeals of the revenue are dismissed

ITA 983/KOL/2012[2008-2009]Status: DisposedITAT Kolkata05 Aug 2016AY 2008-2009

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am]

For Appellant: Shri Hari Shankar Lal, CITFor Respondent: Shri Sanjay Bhattacharya, FCA
Section 115JSection 143(3)

condoned for computation of income as per income Tax Act and is to be considered as Income of the assessee. As such a total sum of Rs.2,22,78,598/- is added back as assessee's income.” 7.1. The assessee stated that Section 2(24)(x) of the Act provides that any sum received by the assessee from his employees

DCIT, CIRCLE -6 KOLKATA, KOLKATA vs. M/S NATIONAL INSURANCE CO. LTD., KOLKATA

In the result, all the appeals of the revenue are dismissed

ITA 982/KOL/2012[2007-08]Status: DisposedITAT Kolkata05 Aug 2016AY 2007-08

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am]

For Appellant: Shri Hari Shankar Lal, CITFor Respondent: Shri Sanjay Bhattacharya, FCA
Section 115JSection 143(3)

condoned for computation of income as per income Tax Act and is to be considered as Income of the assessee. As such a total sum of Rs.2,22,78,598/- is added back as assessee's income.” 7.1. The assessee stated that Section 2(24)(x) of the Act provides that any sum received by the assessee from his employees

UNIVERSAL CABLES LIMITED,KOLKATA vs. THE DCIT, CIRCLE-6(1), KOLKATA, KOLKATA

In the result, to sum up

ITA 1766/KOL/2016[2010-11]Status: DisposedITAT Kolkata14 Feb 2018AY 2010-11

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 1766/Kol/2016 Assessment Year : 2010-11 Universal Cables Ltd. -Vs- Dcit, Circle-6(1), Kolkata [Pan: Aaacu 3547 P] (Appellant) (Respondent) I.T.A No. 2142 /Kol/2016 Assessment Year : 2010-11 Dcit, Circle-6(1), Kolkata -Vs- Universal Cables Ltd. [Pan: Aaacu 3547 P] (Appellant) (Respondent) I.T.A No. 1767/Kol/2016 Assessment Year : 2011-12 Universal Cables Ltd. -Vs- Dcit, Circle-6(1), Kolkata [Pan: Aaacu 3547 P] (Appellant) (Respondent) I.T.A No. 2143/Kol/2016 Assessment Year : 2011-12 Dcit, Circle-6(1), Kolkata -Vs- Universal Cables Ltd. [Pan: Aaacu 3547 P] (Appellant) (Respondent

For Appellant: Shri J.P. Khaitan, Sr. CounselFor Respondent: Shri Sallong Yaden, Addl. CIT
Section 143(3)Section 43B

Delay condoned. Leave granted. Pending hearing and final disposal of the Civil appeal, Department is restrained from recovering penalty and interest which has accrued till date. It is made clear that as far as the outstanding interest demand as of date is concerned, it would be open to the department to recover that amount in case Civil Appeal

UNIVERSAL CABLES LIMITED,KOLKATA vs. THE DCIT, CIRCLE-6(1), KOLKATA, KOLKATA

In the result, to sum up

ITA 1767/KOL/2016[2011-12]Status: DisposedITAT Kolkata14 Feb 2018AY 2011-12

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 1766/Kol/2016 Assessment Year : 2010-11 Universal Cables Ltd. -Vs- Dcit, Circle-6(1), Kolkata [Pan: Aaacu 3547 P] (Appellant) (Respondent) I.T.A No. 2142 /Kol/2016 Assessment Year : 2010-11 Dcit, Circle-6(1), Kolkata -Vs- Universal Cables Ltd. [Pan: Aaacu 3547 P] (Appellant) (Respondent) I.T.A No. 1767/Kol/2016 Assessment Year : 2011-12 Universal Cables Ltd. -Vs- Dcit, Circle-6(1), Kolkata [Pan: Aaacu 3547 P] (Appellant) (Respondent) I.T.A No. 2143/Kol/2016 Assessment Year : 2011-12 Dcit, Circle-6(1), Kolkata -Vs- Universal Cables Ltd. [Pan: Aaacu 3547 P] (Appellant) (Respondent

For Appellant: Shri J.P. Khaitan, Sr. CounselFor Respondent: Shri Sallong Yaden, Addl. CIT
Section 143(3)Section 43B

Delay condoned. Leave granted. Pending hearing and final disposal of the Civil appeal, Department is restrained from recovering penalty and interest which has accrued till date. It is made clear that as far as the outstanding interest demand as of date is concerned, it would be open to the department to recover that amount in case Civil Appeal

D.C.I.T., CIRCLE-6(1), KOLKATA, KOLKATA vs. M/S UNIVERSAL CABLES LIMITED, KOLKATA

In the result, to sum up

ITA 2142/KOL/2016[2010-11]Status: DisposedITAT Kolkata14 Feb 2018AY 2010-11

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 1766/Kol/2016 Assessment Year : 2010-11 Universal Cables Ltd. -Vs- Dcit, Circle-6(1), Kolkata [Pan: Aaacu 3547 P] (Appellant) (Respondent) I.T.A No. 2142 /Kol/2016 Assessment Year : 2010-11 Dcit, Circle-6(1), Kolkata -Vs- Universal Cables Ltd. [Pan: Aaacu 3547 P] (Appellant) (Respondent) I.T.A No. 1767/Kol/2016 Assessment Year : 2011-12 Universal Cables Ltd. -Vs- Dcit, Circle-6(1), Kolkata [Pan: Aaacu 3547 P] (Appellant) (Respondent) I.T.A No. 2143/Kol/2016 Assessment Year : 2011-12 Dcit, Circle-6(1), Kolkata -Vs- Universal Cables Ltd. [Pan: Aaacu 3547 P] (Appellant) (Respondent

For Appellant: Shri J.P. Khaitan, Sr. CounselFor Respondent: Shri Sallong Yaden, Addl. CIT
Section 143(3)Section 43B

Delay condoned. Leave granted. Pending hearing and final disposal of the Civil appeal, Department is restrained from recovering penalty and interest which has accrued till date. It is made clear that as far as the outstanding interest demand as of date is concerned, it would be open to the department to recover that amount in case Civil Appeal

D.C.I.T., CIRCLE-6(1), KOLKATA, KOLKATA vs. M/S UNIVERSAL CABLES LIMITED, KOLKATA

In the result, to sum up

ITA 2143/KOL/2016[2011-12]Status: DisposedITAT Kolkata14 Feb 2018AY 2011-12

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 1766/Kol/2016 Assessment Year : 2010-11 Universal Cables Ltd. -Vs- Dcit, Circle-6(1), Kolkata [Pan: Aaacu 3547 P] (Appellant) (Respondent) I.T.A No. 2142 /Kol/2016 Assessment Year : 2010-11 Dcit, Circle-6(1), Kolkata -Vs- Universal Cables Ltd. [Pan: Aaacu 3547 P] (Appellant) (Respondent) I.T.A No. 1767/Kol/2016 Assessment Year : 2011-12 Universal Cables Ltd. -Vs- Dcit, Circle-6(1), Kolkata [Pan: Aaacu 3547 P] (Appellant) (Respondent) I.T.A No. 2143/Kol/2016 Assessment Year : 2011-12 Dcit, Circle-6(1), Kolkata -Vs- Universal Cables Ltd. [Pan: Aaacu 3547 P] (Appellant) (Respondent

For Appellant: Shri J.P. Khaitan, Sr. CounselFor Respondent: Shri Sallong Yaden, Addl. CIT
Section 143(3)Section 43B

Delay condoned. Leave granted. Pending hearing and final disposal of the Civil appeal, Department is restrained from recovering penalty and interest which has accrued till date. It is made clear that as far as the outstanding interest demand as of date is concerned, it would be open to the department to recover that amount in case Civil Appeal

ALLAHABAD BANK,KOLKATA vs. D.C.I.T CIR - 6,KOLKATA., KOLKATA

In the result, Revenue’s appeal stands partly allowed for statistical purpose

ITA 306/KOL/2013[2009-10]Status: DisposedITAT Kolkata08 Feb 2017AY 2009-10

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

Section 143(3)Section 14ASection 14A(2)Section 36(1)(viia)Section 40

condone the delay and admit the Revenue’s appeal for hearing. 3. First we take up assessee’s appeal in ITA No.306/Kol/2013. The grounds raised by the assessee per its appeal are as under:- “1. That, on facts as well as on law, the Learned Commissioner of Income Tax (Appeal)-VI, Kol has erred in confirming the action of Learned

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 7(1), KOLKATA, AAYAKAR BHAWAN, KOLKATA vs. WEST BENGAL INDUSTRIAL DEVELOPMENT CORPORATION LIMITED, KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 623/KOL/2025[2015-2016]Status: DisposedITAT Kolkata12 Feb 2026AY 2015-2016

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita No.623 & 748/Kol/2025 (Assessment Year: 2015-16) Dcit, Circle-7(1), Kolkata………...……………..……….……….……….……Appellant Vs. West Bengal Industrial Development Corporation Limited......……...…..…..Respondent 23, A N Thakur Sarani, Circus Avenue, Kol - 700017.. [Pan: Aaacw3043Q] Appearances By: Shri B R Dutta, Fca, Appeared On Behalf Of The Appellant. Shri Sanat Kr. Raha, Cit- Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 21, 2026 Date Of Pronouncing The Order : February 12, 2026 Order Per Pradip Kumar Choubey: Both The Present Appeals Have Been Preferred By The Assessee Against An Order Dated 09.08.2024 Of The Nfac, Delhi [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since Both The Appeals Relate To The Same Assessee & Arise From Same Appellate Order, Therefore, These Appeals Were Heard Together & We Are Going To Dispose Of These Appeals By Passing A Consolidated Order. 2. Ita No.623 & 748/Kol/2025 Filed By The Revenue With A Delay Of 139 & 159 Days Respectively & The Revenue Has Filed Separate Petitions For Condonation Of The Delays. After Going Over The Said Petitions, We Find Sufficient Reasons Behind Such Delays & Consequently, The Delays In Filing Both The Appeal Are Hereby Condoned & We Proceed To Dispose Of The Appeals On Merits.

Section 115JSection 143(2)Section 250Section 36(1)(viia)

delays in filing both the appeal are hereby condoned and we proceed to dispose of the appeals on merits. ITA No.623 & 748/Kol/2025 West Bengal Industrial Development Corporation Limited 3. ITA No.748/Kol/2025 – At the time of hearing, the ld. AR submits that the captioned two appeals were wrongly filed arose from the same order of the ld. CIT(A) dated

ZULU MERCHANDISE (P)LTD,KOLKATA vs. PCIT 2, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 380/KOL/2023[2012-13]Status: DisposedITAT Kolkata11 Jul 2023AY 2012-13

Bench: Sri Rajesh Kumar & Sonjoy Sarma

Section 143(3)Section 147Section 2Section 249Section 253Section 263Section 3Section 5

condone the delay and proceed to decide the appeal on merit. 8. Facts in brief are that the assessee filed return of income on 29.09.2012 declaring total income of Rs. 97,245/-. The return of the assessee was processed u/s 143(1) of the Act on 18.06.2013. Thereafter, case of the assessee was reopened

DEEPAK BAJAJ ,KOLKATA vs. ITO, WARD 40(1), KOLKATA

In the result, the appeal of the assessee is allowed

ITA 569/KOL/2021[2009-10]Status: DisposedITAT Kolkata30 Jun 2022AY 2009-10

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 263

condone the delay and admit the appeal for adjudication. 6. The assessee has assailed the revisionary proceedings u/s 263 of the Act and consequent order as invalid and bad in law as the same are barred by limitation.the assessee has also challenged the order passed u/s 263 of the Act on the ground that the assessment is neither erroneous

PURULIA CENTRAL CO-OPERATIVE BANK LTD. ,PURULIA vs. ACIT, CIR. 3, PURULIA

In the result, the appeal of the assessee is allowed

ITA 3/KOL/2021[2006-07]Status: DisposedITAT Kolkata11 Jul 2023AY 2006-07

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

Section 142(1)Section 143(2)Section 143(3)Section 148Section 80Section 80P(2)(a)

delay has already been explained and condoned. 3. In the first ground of appeal, the assessee has challenged re-opening of assessment by issuance of a notice under section 148 of the Income Tax Act. 4. Brief facts as emerging out from the assessment order would reveal that the assesese has filed its return of income on 02.07.2007 in compliance