JCIT, (OSD), CIR-8(1), KOLKATA, KOLKATA vs. M/S HI-TECH SYSTEMS & SERVICES LTD., KOLKATA

In the result, both the appeals of the revenue as well as the cross objections of the assessee are dismissed

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 1194-1196/Kol/2016 Assessment Years : 2006-07, 2007-08 & 2008-09 Jcit, Osd, Circle-8(1), Kolkata -Vs- M/S Hi-Tech Systems & Services Ltd. [Pan: Aaach 6621 F] (Appellant) (Respondent) C.O. Nos. 43-45/Kol/2016 (Arising Out Of I.T.A Nos. 1194-1196/Kol/2016) Assessment Years : 2006-07, 2007-08 & 2008-09 M/S Hi-Tech Systems & Services Ltd. -Vs- Jcit, Osd, Circle-8(1), Kolkata [Pan: Aaach 6621 F] (Appellant) (Respondent)

154 of the Act. 6.2. The ld CITA in this regard held as under:- “I find that in the instant case the appellant initially did not claim any depreciation u/s 32(1) on Dhule Power Plant. Later, the appellant claimed depreciation on Dhule Unit by filing a rectification

JCIT, (OSD), CIR-8(1), KOLKATA, KOLKATA vs. M/S HI-TECH SYSTEMS & SERVICES LTD., KOLKATA

In the result, both the appeals of the revenue as well as the cross objections of the assessee are dismissed

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 1194-1196/Kol/2016 Assessment Years : 2006-07, 2007-08 & 2008-09 Jcit, Osd, Circle-8(1), Kolkata -Vs- M/S Hi-Tech Systems & Services Ltd. [Pan: Aaach 6621 F] (Appellant) (Respondent) C.O. Nos. 43-45/Kol/2016 (Arising Out Of I.T.A Nos. 1194-1196/Kol/2016) Assessment Years : 2006-07, 2007-08 & 2008-09 M/S Hi-Tech Systems & Services Ltd. -Vs- Jcit, Osd, Circle-8(1), Kolkata [Pan: Aaach 6621 F] (Appellant) (Respondent)

154 of the Act. 6.2. The ld CITA in this regard held as under:- “I find that in the instant case the appellant initially did not claim any depreciation u/s 32(1) on Dhule Power Plant. Later, the appellant claimed depreciation on Dhule Unit by filing a rectification

M/S SKIPPER LIMITED,KOLKATA vs. DCIT, CEN. CIR. 3(1), KOLKATA

In the result, the appeal of the assessee is allowed

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

depreciation of Rs. 9,82,55,803/- allowed by the AO was withdrawn by in rectification order u/s 154 of the Act dated

D.C.I.T CIR - 1,KOLKATA, KOLKATA vs. M/S THE INDIA JUTE & INDUSTRIES LTD, KOLKATA

In the result, the grounds raised by the revenue are dismissed

Bench: : Shri M. Balaganeshita No. 802/Kol/2013 A.Y 2007-08 D.C.I.T, Circle-1, Kolkata Vs. M/S. The India Jute & Industries Ltd Pan: Aabct1896P (Appellant) (Respondent)

depreciation. The Learned AO however, while passing the rectification order u/s 154 allowed the claim for setting off the unabsorbed

QUADRA MEDICAL SERVICES PVT LTD.,KOLKATA vs. I.T.O WD - 12(1),KOLKATA, KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: : Shri M. Balaganesh

rectification, though the notice was very vague and there was no mistake apparent from records rectifiable u/s. 154 2. The appellant pray that the order passed u/s. 154 may be set aside and the order passed u/s. 143(3) may be restored.. 5. The Learned AR argued that there was no computation under the head “capital gains

ANANDA PAUL,KOLKATA vs. ACIT, CIRCLE-50, KOLKATA, KOLKATA

In the result, assessee’s appeal stands are allowed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2007-08 Ananda Paul V/S. Acit, Circle-50, Cf-125, Salt Lake City, Manicktala Civic Centre, Kolkata-64 Uttarpan Complex, Ds- [Pan No.Afkpp 2201 D] 2&3, Kolkata-54 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri S.K. Tulsiyan, Advocate अपीलाथ" क" ओर से/By Appellant Shri S. Dasagupta, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 12-02-2018 सुनवाई क" तार"ख/Date Of Hearing 20-04-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-Xxxii, Kolkata Dated 05.11.2014. Assessment Was Framed By Acit, Circle-50 Kolkata U/S 147/143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 30.12.2011 For Assessment Year 2007-08. Shri, S.K. Tulsiyan, Ld. Advocate Appeared On Behalf Of Assessee & Shri S. Dasgupta, Ld. Departmental Representative Appeared On Behalf Of Revenue. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1) That On The Fats & In The Circumstances Of The Case, The Ld. Cit(A) Erred In Not Treating The Re-Assessment Proceeding U/S 143(3)/147 Of The It Act, 1961 As Invalid, Bad In Law, Unjust & Contrary To The Facts & Law. 2) That On The Facts & In Respect To The Circumstances Of Thee Case, The Ld. Cit(A) Erred In Confirming The Assessment Order Passed U/S. 143(3)/147 Of The It Act, 1961 By The Ld. Ao As Proper & Valid Without Considering The

rectification proceedings under section 154 of the Act were not justified and without jurisdiction as there was no mistake or error apparent from the record. W have examined the second ground. The Assessing Officer could not have resorted to section 154 proceedings to disallow expenditure under section 14A of the Act. This was not possible in section 154 proceedings

ACIT,CIR-2(2),KOLKATA, KOLKATA vs. M/S R.S. SOFTWARE(INDIA) LTD., KOLKATA

In the result the appeal of the revenue is dismissed

Bench: Hon’Ble Shri P.M.Jagtap, Am & Shri S.S.Viswanethra Ravi, Jm ] Assessment Year : 2007-08

depreciation. The relevant portion of CIT(A) is herein reproduced below :- "In this case assessee had claimed exemption u/s l0B which has initially allowed by processing the return u/s 1-13 (J). However subsequently notice u/s 154 was issued and rectification

ICI INDIA LTD.,KOLKATA vs. DCIT, CIR-10, KOLKATA, KOLKATA

In the result, Revenue’s appeal is dismissed

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

u/s 154 of the Act in assessee’s appeal regarding the validity of the rectification order is allowed in favour of assessee, then the remaining grounds of assessee’s appeal do not call for any adjudication at this stage. 22. In the result, assessee’s appeal is allowed. Coming to Revenue’s appeal in ITA No. 2355/Kol/2005 23. Hence

ACIT, CIR-10, KOLKATA, KOLKATA vs. M/S ICI INDIA LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

u/s 154 of the Act in assessee’s appeal regarding the validity of the rectification order is allowed in favour of assessee, then the remaining grounds of assessee’s appeal do not call for any adjudication at this stage. 22. In the result, assessee’s appeal is allowed. Coming to Revenue’s appeal in ITA No. 2355/Kol/2005 23. Hence

DCIT, CIR-10, KOLKATA, KOLKATA vs. M/S ICI INDIA LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

u/s 154 of the Act in assessee’s appeal regarding the validity of the rectification order is allowed in favour of assessee, then the remaining grounds of assessee’s appeal do not call for any adjudication at this stage. 22. In the result, assessee’s appeal is allowed. Coming to Revenue’s appeal in ITA No. 2355/Kol/2005 23. Hence

MEDI SCAN,KOLKATA vs. DCIT, CIR-22, KOLKATA, KOLKATA

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

Bench: Hon’Ble Sri N.V.Vasudevan, Jm ] I.T.A No.1395/Kol/2015 Assessment Year : 2010-11 Medi-Scan -Vs.- D.C.I.T., Circle-22, Kolkata Kolkata (Pan:Aajfm 4182 E) (Appellant) (Respondent)

u/s 154 dated 27.01.2012 which reads as under:- " The Order passed under Sec 143(1) dated 25/02/2011 in your case is required to the amended as there is a mistake, as per details from the records within the meaning of section 154 of the Income Tax Act, 1961. The rectification of the mistake, as per details given below will have

DCIT, KOLKATA vs. L & T FINANCE LTD, KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav, Vice- & Shri Girish Agrawal

u/s 154, the Ld. ADIT has granted TDS credit of only Rs. 1,62,96,67,274/-. 1.1.It is submitted that pursuant to the approval of the scheme of arrangement and amalgamation (‘Scheme’) by the Hon’ble High Court of Calcutta vide order dated 28-11-2016 and National Company Law Tribunal (‘NCLT') of Mumbai vide order dated

L & T FINANCE LIMITED (SUCCESSOR OF L & T INFRASTRUCTURE FINANCE COMPANY LIMITED, NOW MERGED),KOLKATA vs. CIT(A),NFAC,ITD, KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav, Vice- & Shri Girish Agrawal

u/s 154, the Ld. ADIT has granted TDS credit of only Rs. 1,62,96,67,274/-. 1.1.It is submitted that pursuant to the approval of the scheme of arrangement and amalgamation (‘Scheme’) by the Hon’ble High Court of Calcutta vide order dated 28-11-2016 and National Company Law Tribunal (‘NCLT') of Mumbai vide order dated

KESORAM INDUSTRIES LIMITED (SUCESSOR OF HINDUSTHAN HEAVY CHEMICALS LTD.),KOLKATA vs. A.C.I.T., CC-X, KOLKATA, KOLKATA

In the result, the appeal of revenue is dismissed and that of the assessee is allowed

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

depreciation whichever is lower as provided u/s. 115J of the Act. On receipt of intimation u/s. 143(1)(a) the assessee company filed a rectification petition u/s. 154

D.C.I.T., CIRCLE-4, KOLKATA, KOLKATA vs. M/S HINDUSTAN HEAVY CHEMICALS LTD., KOLKATA

In the result, the appeal of revenue is dismissed and that of the assessee is allowed

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

depreciation whichever is lower as provided u/s. 115J of the Act. On receipt of intimation u/s. 143(1)(a) the assessee company filed a rectification petition u/s. 154

D.C.I.T CC - XX,KOLKATA, KOLKATA vs. M/S G.S.ATWAL & CO (ENGINEERS) PVT LTD, KOLKATA

In the result, Revenue’s appeal is dismissed as infructuous

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2011-12

depreciation for an amount of ₹15,24,46,177/- which was disallowed under the intimation processed u/s 143(1)(a) of the Act. Against such intimation, besides rectification petition u/s. 154

ROHIT KUMAR, INCOME TAX OFFICER, WARD-12(1), KOLKATA, KOLKATA vs. M/S. THE UNITED PROVINCES SUGAR COMPANY PVT LTD, KOLKATA

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2024-25 Ito, Ward-12(1), Kolkata…..……..……….………….……….……….……Appellant Vs. M/S The United Provinces Sugar Company Pvt. Ltd.…….....……...…..…..Respondent 1St Floor, Chartered Bank Building, 4, Netaji Subhash Road, Kol-1. [Pan: Aaact4947L] Appearances By: Shri S B Chakraborthy, Addl. Cit, Appeared On Behalf Of The Appellant. Shri J P Khaitan, Sr. Counsel, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 20, 2025 Date Of Pronouncing The Order : February 03, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Revenue Is Directed Against The Order Dated 28.03.2025 Of The Addl/Jcit(A)-9, Delhi (Hereinafter Referred To As The “Cit(A)”) Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2024–25. 2. Brief Facts Of The Case Are That During The Year Under Consideration, The Assessee Filed Its Return Of Income On 11.10.2024 Claiming A Refund Of Rs.15,61,200/- Pursuant To Set-Off Of Brought Forward Business Loss Against The Returned Income. Intimation Order U/S. 143(1) Of The Act Was Directly Passed On 01.11.2024, Assessing A Refund Of Rs.16,22,410/- & Allowing Setoff Of Brought Forward Loss Against Income As Done In The Return Of Income. However, The Order Did Not Capture The Schedule Of Carry Forward Business Loss & Unabsorbed Depreciation For Earlier Years. M/S The United Provinces Sugar Company Pvt. Ltd 3. Aggrieved By The Above Order, The Assessee Filed Appeal Before The Ld. Cit(A) Wherein The Ld. Cit(A) Allowed The Appeal Of The Assessee By Observing As Under:

rectification order u/s 154 of the Act, intimation orders passed in A.Ys 2019-20, 2020-21 and 2021-22, intimation order u/s. 143(1) of the Act for the assessment year 2022-23. The ld. AR further submits that there was no justification in the order of the Assessing Officer in disallowing carry forward of business loss and unabsorbed depreciation

D.C.I.T CIR - 8,KOLKATA, KOLKATA vs. M/S SHREE KRISHNA FODDER MILLS PVT LTD, KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Hon’Ble Shri M.Balaganesh, Am & Hon’Ble Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 1378/Kol/2013 Assessment Year : 2007-08 Dcit, Circle-8, Kolkata -Vs- M/S Shree Krishna Fodder Mills Pvt. Ltd. [Pan: Aadcs 2476 A] (Appellant) (Respondent)

depreciation as per IT, Act, disallowance u/s 40A(3), 40a(ia). So the net profit of assessee is determined at Rs. 1421816/-.” 3.1. The ld. AO observed that the assessee had claimed interest expenditure of Rs. 1,28,65,102/- in respect of substantial loans borrowed by it from bank. In the absence of 3 M/s Shree Krishna Fodder Mills