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246 results for “condonation of delay”+ Section 56(2)(b)clear

Sorted by relevance

Chennai471Mumbai356Delhi352Kolkata246Bangalore215Hyderabad146Ahmedabad145Karnataka143Jaipur143Pune128Chandigarh109Nagpur84Lucknow53Calcutta43Amritsar41Indore40Panaji36Surat34Rajkot27Raipur23Visakhapatnam22Cochin20Cuttack16SC16Varanasi12Patna9Telangana9Jodhpur6Guwahati6Allahabad6Dehradun5Agra3Orissa2Jabalpur2Rajasthan1Himachal Pradesh1Andhra Pradesh1A.K. SIKRI N.V. RAMANA1

Key Topics

Section 148116Section 14783Addition to Income76Section 25057Condonation of Delay42Limitation/Time-bar41Section 143(3)40Section 6831Disallowance

MILK MANTRA DAIRY (P) LTD.,BHUBANESWAR vs. DCIT, CIR.-12(1), KOLKATA

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

ITA 413/KOL/2020[2013-14]Status: DisposedITAT Kolkata04 Jul 2022AY 2013-14

Bench: Shri Aby T. Varkey & Shri Girish Agrawalassessment Year: 2013-14 Milk Mantra Dairy Pvt. Ltd. Deputy Commissioner Of Pan: Aagcm1112L Income-Tax Vs. 7Th Floor, Z Tower, Patia Circle-12(1) Nandan Kanan Road, Kolkata. Bhubaneswar-751024. (Appellant) (Respondent) Present For: Appellant By : Shri Rajib Sharma & Shri Jai Somani, Ars Respondent By : Shri Sudipta Guha, Cit, Dr Date Of Hearing : 05.04.2022 Date Of Pronouncement : 04.07.2022 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Arising Out Of The Order Of Cit(A)-4, Kolkata In Appeal No. 491/Cit(A)-4/16-17 Dated 03.02.2020 Against The Assessment Order Of Dcit, Circle-12(1), Kolkata Passed U/S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”) Dated 13.01.2017. 2. There Is A Delay Of 73 Days In Filing The Present Appeal For Which A Petition For Condonation Of Delay Is Placed On Record. From The Condonation Petition, We Note That The Present Appeal Ought To Have Been Filed On Or Before 17.04.2020 Which Falls During The Lockdown Period On Account Of Pandemic Of Covid-19. It Is Requested By The Assessee That Since It Is Prevented By Sufficient & Reasonable Cause, The Delay Of 73 Days In Filing The Appeal May Be Condoned & Appeal Be Admitted For Meritorious Disposal. We Have Heard Both The Sides & Find That Vide Order Dated 10.01.2022, Hon’Ble Supreme Court Has Directed That The Period From 15.03.2020 To 28.02.2022 Is To Be Excluded For The Purpose Of Computing The 2 Milk Mantra Dairy (P) Ltd. A.Y. 2013-14 Limitation Period During The Covid-19 Pandemic. Further, A Period Of 90 Days Is Allowed After 28.02.2022 Vide Same Order. Considering The Facts & The Explanation Of The Assessee, We Condone The Delay In Filing The Appeal & Admit It For Adjudication.

For Appellant: Shri Rajib Sharma & Shri Jai Somani, ARs Shri Sudipta Guha, CIT, DR

Showing 1–20 of 246 · Page 1 of 13

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25
Section 13223
Section 14A23
Section 115J19
For Respondent:
Section 143(3)Section 56(2)(viib)

condone the delay in filing the appeal and admit it for adjudication. 3. Grounds taken by the assessee in the present appeal are reproduced as under: 1. That on the facts and in the circumstances of the case, the learned CIT(Appeals) erred in confirming addition made by the Assessing Officer to the extent of Rs. 6.8 crores as share

D.C.I.T.,CIRCLE-6(1), KOLKATA vs. SHRI SAROJ KUMAR PODDAR, KOLKATA

In the result, the appeal of the Revenue is dismissed as not maintainable

ITA 2406/KOL/2019[2014-15]Status: DisposedITAT Kolkata29 Jun 2021AY 2014-15

Bench: Shri J. Sudhakar Reddy, Hon’Ble & Shri Aby T. Varkey, Hon’Ble]

Section 250

delay of two days in filing of this appeal by the Revenue. The same is hereby condoned. 3. At the outset, the ld. AR appearing on behalf of the assessee challenged the maintainability of the Departmental appeal. The assessee filed detailed written submissions dated 09/04/2021 in this regard. In response, the Revenue also filed detailed note on the issue

SMT. KAJARI BANERJEE,KOLKATA vs. ITO WARD-29(1), KOLKTAT

In the result, the appeal of the assessee is allowed

ITA 130/KOL/2025[2018-19]Status: DisposedITAT Kolkata19 May 2025AY 2018-19
Section 143(3)Section 50(2)(X)Section 56Section 56(2)(X)

condone the delay and admit the appeal for adjudication.\n03. The only issue raised in the various grounds of appeal is against the\napplicability of the provisions of Section 56(2)(X) of the Act by the Id.\nAO which was upheld by the Id. CIT (A).\n04. The case of the assessee was selected for limited scrutiny

DCIT, CC-1(4), KOLKATA, KOLKATA vs. JUPITER INTERNATIONAL LIMITED , KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 1678/KOL/2025[2014-15]Status: DisposedITAT Kolkata21 Jan 2026AY 2014-15

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2014-15 Dcit, Cc-1(4), Kolkata ………….……………………….……….……….……Appellant Vs. Jupiter International Limited..……………………………….....……...…..…..Respondent Unnayanam, 20A, Ashutosh Chowdhury Avenue, Kol-19.. [Pan: Aaacj6956B] Appearances By: Shri P. N Barnwal, Cit-Dr, Appeared On Behalf Of The Appellant. Shri Soumitra Choudhury & Nandini Sureka, Advocate, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 12, 2026 Date Of Pronouncing The Order : January 21, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Revenue Is Directed Against The Order Dated 29.10.2024 Of The National Faceless Appeal Centre [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2014–15. 2. The Appeal Has Been Filed By The Revenue With A Delay Of 197 Days & The Revenue Has Filed A Petition For Condonation Of The Delay. After Going Over The Said Petition, We Find Sufficient Reasons Behind The Delay & Consequently, The Delay In Filing The Appeal Is Hereby Condoned & We Proceed To Dispose Of The Appeal On Merits.

Section 132Section 142(1)Section 143(2)Section 14ASection 153ASection 250Section 56(2)Section 56(2)(viib)

delay in filing the appeal is hereby condoned and we proceed to dispose of the appeal on merits. 3. Brief facts of the case are that the assessee company was established on 08.09.1978 and is engaged in the trading of computer peripherals and parts and manufacturing of CDR and DVDR. The Jupiter International Limited assessee company filed its original return

B.R. CONSTRUCTION,KOLKATA vs. I.T.O., WARD - 25(1), KOLKATA

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

ITA 2534/KOL/2024[2020-2021]Status: DisposedITAT Kolkata24 Apr 2025AY 2020-2021

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

Section 143(3)Section 250Section 56(2)(x)

B. R. Construction, do hereby solemnly affirm on oath and declare as follows: 1. That I was assessed under Section 143(3) of the IT Act, 1961, for the A.Y. 2020-21. 2. That I had filed an Appeal in Form 35 against the Assessment Order for A.Y. 2020-21. 3. That the CIT(A) heard the Appeal and passed

AMAL MUKHERJEE,KOLKATA vs. ACIT, CIR-1, DURGAPUR. , DURGAPUR.

In the result, appeal of the assessee is allowed

ITA 1215/KOL/2023[2015-16]Status: DisposedITAT Kolkata21 Feb 2024AY 2015-16

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2015-16

For Appellant: Shri Vinod Kr. Jain, FCAFor Respondent: Shri Anindya Kumar Bandopadhyay, Addl. CIT
Section 143(3)Section 2Section 50C(1)Section 56(2)(vii)

56(2)(vii) sub clause (b) r.w.s 50(c) sub section 2, in the circumstances, the assessee had question the view taken by Assessing Authority. 4. Alternatively, the Ld. CIT(A) NFAC ought to consider that the difference in Stamp duty value taken at Rs. 70,85,000/- is only 10.70% higher than actual consideration

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

ITA 937/KOL/2018[2010-11]Status: DisposedITAT Kolkata24 Apr 2019AY 2010-11

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

For Appellant: Shri S.K. Tulsiyan, Advocate, ld.ARFor Respondent: Shri A.K. Singh, CIT, ld. DR
Section 143(3)Section 14ASection 37(1)Section 40A(2)(b)Section 48

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

ITA 938/KOL/2018[2010-11]Status: DisposedITAT Kolkata24 Apr 2019AY 2010-11

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

For Appellant: Shri S.K. Tulsiyan, Advocate, ld.ARFor Respondent: Shri A.K. Singh, CIT, ld. DR
Section 143(3)Section 14ASection 37(1)Section 40A(2)(b)Section 48

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

BHIRINGHEE MINING & MINERALS PVT. LTD.,DURGAPUR vs. PCIT - BURDWAN, BURDWAN

In the result, the appeal of the assessee is allowed

ITA 344/KOL/2022[2015-2016]Status: DisposedITAT Kolkata11 Oct 2022AY 2015-2016

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawal

Section 143(2)Section 143(3)Section 263Section 56(2)(viib)

condone the delay and proceed to decide the appeal on merit. 3. The solitary grievance of the assessee is that the ld. CIT has erred in taking cognizance under section 263 and thereby setting aside the assessment order dated 29.11.2017 passed under section 143(3) of the Income Tax Act. 4. Brief facts of the case are that the assessee

G.S. PROCON PRIVATE LIMITED ,KOLKATA vs. ACIT, CIRCLE 5(2), , KOLKATA

In the result, appeal of the assessee is allowed

ITA 509/KOL/2025[2015-2016]Status: DisposedITAT Kolkata01 Jan 2026AY 2015-2016

Bench: SHRI GEORGE MATHAN (Judicial Member), SHRI RAJESH KUMAR (Accountant Member)

For Respondent: Shri Bonnie Deb Barma, Sr. DR
Section 56(2)(vii)

delay of 345 days in filing the appeal is condoned and the appeal is admitted for hearing. 3. It was submitted by the ld. AR that the assessee is in the business of civil contractor. In the course of assessment, the Assessing Officer had invoked the provisions of Section 56(2)(vii)(b

DEB PRASANNA CHOUDHURY,KOLKATA vs. ADIT/DCIT (IT) - 1(1), KOLKATA, KOLKATA

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

ITA 2199/KOL/2024[2012-2013]Status: DisposedITAT Kolkata04 Nov 2025AY 2012-2013

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 131Section 133(6)Section 139(4)Section 142(1)Section 143(3)Section 148Section 250Section 56(2)Section 56(2)(vii)

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. The Ld. CIT(Appeal)-22, Kolkata has erred in law and in facts in confirming the Assessment Order passed by the Ld. Assessing Officer assessing the Total Income at Rs. 1,00,28,740/- only

TAPAN KAYAL,KOLKATA vs. I.T.O.,WARD-63(3), KOLKATA

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

ITA 537/KOL/2019[2014-15]Status: DisposedITAT Kolkata09 Sept 2019AY 2014-15

Bench: Shri P.M. Jagtap, Vice-(Kz)

Section 50CSection 56(2)Section 56(2)(b)

section 56(2)(b)(ii). 2. At the outset, it is noted that there is a delay of 319 days on the part of the assessee in filing this appeal before the Tribunal. In this regard, the assessee has filed an affidavit seeking condonation

DCIT, CIRCLE-3(1), KOLKATA, KOLKATA vs. THE PEERLESS GEN. FIN. & INV. CO. LTD., KOLKATA

Appeal is dismissed

ITA 1486/KOL/2019[2014-15]Status: DisposedITAT Kolkata22 Jul 2020AY 2014-15

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godaraassessment Year: 2014-15

Section 14ASection 194CSection 194LSection 2Section 37(1)Section 40Section 48Section 50

condone the impugned delay of 30 days in filing. The case is now taken up for adjudication on merits. 3. The Revenue pleads the following substantive grounds in its instant appeal:- “1. The Ld. CIT(A) erred in law in allowing Long Term Capital Loss of Rs.109,80,30,873/- on transfer of Government Securities after applying Cost Inflation Index

SANJAY KUMAR SINGH,KOLKATA vs. ACIT, E-ASSESSMENT CENTRE, DELHI

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

ITA 453/KOL/2024[2020-21]Status: DisposedITAT Kolkata21 Jun 2024AY 2020-21

Bench: Shri Rajpal Yadav & Shri Rakesh Mishraassessment Year: 2020-21

For Appellant: Shri P. K. Ray, Advocate, Shri S. N. Patra & ShriFor Respondent: Shri B. K. Singh, Addl. CIT
Section 250Section 56(2)(x)

section 56(2)(x)(b) and added to the income of AY 2020-21. Since no reply was filed, therefore, a sum of Rs. 49,00,000/- was added on account of capital gains. As regards income from other sources, a sum of Rs.1,46,23,369/- was also added u/s. 56(2)(x)(b) of the Act. Before

D.C.I.T.,CIRCLE-3(1), KOLKATA vs. SMT. SHIKHA ROY, KOLKATA

In the result, appeal of the revenue is dismissed

ITA 1915/KOL/2019[2016-17]Status: DisposedITAT Kolkata25 Nov 2020AY 2016-17
Section 143(2)Section 143(3)Section 250Section 54ESection 54F

B’ BENCH, KOLKATA VIRTUAL COURT HEARING (Before Sri J. Sudhakar Reddy, Hon’ble Accountant Member & Sri S.S. Godara, Hon’ble Judicial Member) Assessment Year: 2016-17 Deputy Commissioner of Income Tax, Circle-3(1), Kolkata................……………….….........Appellant Vs. Smt. Shikha Roy........................................................................…..…………..................……………..Respondent 91/1, Southern Avenue Ballygunge Kolkata – 700 029 [PAN : ACZPR 9690 L] Appearances by: Shri S.K. Tulsiyan, Advocate, appeared

ARGHANIL MUKHOPADHYAY,HOOGHLY vs. I.T.O.,WARD-23(2), HOOGHLY

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

ITA 2360/KOL/2019[2015-16]Status: DisposedITAT Kolkata10 Jan 2020AY 2015-16

Bench: Shri P.M. Jagtap, V.P & Shri A.T. Varkery, Am ]

Section 56(2)Section 56(2)(vii)

condone the delay and we do so. Thus, we note that in the aforesaid circumstances the ld. CIT(A) has passed the impugned order ex parte without giving proper opportunity to the assessee and since assessee’s mother was out of India, notice of hearing could not be meaning fully served upon them and no effective hearing could have taken

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

ITA 623/KOL/2018[2012-13]Status: DisposedITAT Kolkata20 Jan 2026AY 2012-13
Section 115JSection 250

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-7(1), KOLKATA, KOLKATA vs. M/S. GANESH REALTY & MALL DEVELOPMENT PVT. LTD., KOLKATA

ITA 581/KOL/2017[2012-13]Status: DisposedITAT Kolkata23 Jan 2019AY 2012-13

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.581/Kol/2017 ("नधा"रणवष" / Assessment Year: 2012-13)

For Appellant: Shri A.K. Singh, CIT-DRFor Respondent: Shri D.S. Damle, AR
Section 120(4)Section 131Section 143(3)Section 24Section 68

condone the delay and admit the appeal for hearing. M/s. Ganesh Realty & Mall Development Pvt. Ltd Assessment Year: 2012-13 3. The grievances raised by the Revenueare as follows: “1. “Whether on the facts and circumstances of this case and in law, the ld. CIT(A) erred in quashing the complete assessment passed by the Addl

THE WEST BENGAL POWER DEVELOPMENT CORPORATION LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-4(2), KOLKATA

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

ITA 335/KOL/2020[2012-13]Status: DisposedITAT Kolkata20 Jan 2023AY 2012-13

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

Section 250Section 43B

condone the delay of 52 days and admit the appeal for adjudication. 4. The first issue raised by the assessee is against the confirmation of addition of Rs.17,29,58,525/- by ld. CIT(Appeals) as made by the ld. Assessing Officer on account of difference between the liabilities as on 31.03.2006 and as on 31.03.2007 payable to the financial

THE WEST BENGAL POWER DEVELOPMENT CORPORATION LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-4(2), KOLKATA

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

ITA 333/KOL/2020[2007-08]Status: DisposedITAT Kolkata20 Jan 2023AY 2007-08

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

Section 250Section 43B

condone the delay of 52 days and admit the appeal for adjudication. 4. The first issue raised by the assessee is against the confirmation of addition of Rs.17,29,58,525/- by ld. CIT(Appeals) as made by the ld. Assessing Officer on account of difference between the liabilities as on 31.03.2006 and as on 31.03.2007 payable to the financial