NEXTGEN VYAPAAR ,KOLKATA vs. PR.CIT-2, KOLKATA

In the result, appeal of the assessee is allowed

u/s. 263 of the Act (First 263 order) and further we First Ld. Pr. CIT dated 23.08.2016 u/s. 263 of the Act (First 263 order) and further we First Ld. Pr. CIT dated 23.08.2016 u/s. 263 of the Act (First 263 order) and further we note that the Second Ld. Pr. CIT while issuing the Show Cause Notice while exercising

PHILIPS INDIA LTD.,KOLKATA vs. PCIT-IV, KOLKATA, KOLKATA

In the result, appeal of the assessee is dismissed

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi] I.T.A. No. 1142/Kol/2016 Assessment Year: 2009-10 Philips India Limited..........……………………………………....………………..…………………….….Appellant Earlier Known As Philips Electronics India Limited 7 No. Justice Chandra Madhab Road Kolkata – 700 020 [Pan : Aabcp 9487 A] Principal Commissioner Of Income Tax - Iv, Kolkata…….............…....................…...Respondent Appearances By: Shri P.J. Pardiwala, Sr. Advocate & Shri Navneet Misra, Advocate, Appeared On Behalf Of The Assessee. Shri Robin Choudhury, Addl. Cit D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : January 10Th, 2019 Date Of Pronouncing The Order : March 27Th, 2019 O R D E R Per J. Sudhakar Reddy :-

u/s 263 of the Act by the Principal Commissioner of Income Tax and culled out the principles laid down in the judgments as below : “24. In Malabar Industrial Co.Ltd. ( 2 Supra), the Supreme Court held that a bare reading of Sec.263 makes it clear that the prerequisite for the exercise of jurisdiction by the Commissioner suomotu under

THE WEST BENGAL NATIONAL UNIVERSITY OF JURIDICIAL SCIENCE,KOLKATA vs. CIT(EXEMPTION) , KOLKATA

In the result, appeal of the assessee is allowed

disallowance, deduction, etc., it is incumbent upon the Commissioner not to disallowance, deduction, etc., it is incumbent upon the Commissioner not to disallowance, deduction, etc., it is incumbent upon the Commissioner not to exercise his suomotu revisional powers unless supported by adequate reasons for exercise his suomotu revisional powers unless supported by adequate reasons for exercise his suomotu revisional powers

ANKIT GUPTA,KOLKATA vs. PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA

In the result, appeal of the assessee is allowed

u/s 263 of the Act by the Principal Commissioner of Income Tax and culled out Commissioner of Income Tax and culled out the principles laid down in the judgments as below: the principles laid down in the judgments as below: 24. In Malabar Industrial Co.Ltd. ( 2 Supra), the Supreme Court held that a bare reading of 24. In Malabar Industrial

M/S METAL CRAFT INDUSTRIES PVT. LTD.,KOLKATA vs. I.T.O.,WARD-12(3), KOLKATA

In the result, appeal of the assessee is allowed

disallowance u/s 14A of the Act. 2.1. The ld. Pr. CIT, issued a notice u/s 263 of the Act on 14/03/2016 asking the assessee company to showcause why the assessment made u/s 143(3) of the Act on 27/03/2015 should not be revised

SKAN ENTERPRISE,KOLKATA vs. PR.C.I.T.-12, KOLKATA

In the result, appeal of the assessee is allowed

revision u/s 263 of the Act and it cannot be classified as a case of lack of enquiry. He vehemently conten He vehemently contended that the ld. Pr. CIT, is wrong in exercising his powers ded that the ld. Pr. CIT, is wrong in exercising his powers u/s 263 of the Act, for the sole purpose of directing the Assessing

SATISH KUMAR LAKHMANI,KOLKATA vs. PR.CIT-10, KOLKATA, KOLKATA

In the result, the appeal of assessee is allowed

Bench: "ी जे. सुधाकर रे"ी, लेखा सद"य एवं/And "ी ऐ. टी. वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

revising the aforesaid order passed u/s. 143(3) of the Act." 8.1. The ld. CIT(E) initiated proceedings u/s 263 of the Act based on this proposal. The issue is whether such initiation of proceedings is valid in law. 8.2. The Kolkata 'C Bench of the Tribunal in the case of M/s. Rupayan Udyog (supra) has held as follows

AMRITRASHI INFRA(P) LTD.,KOLKATA vs. PR.C.I.T.-4, KOLKATA

Bench: Shri P.M. Jagtap(Kz) &Shri A. T. Varkey, Jm] Assessment Year: 2012-13 Amritrashi Infra Private Ltd. Vs. Principal Commissioner Of Income-Tax- (Pan: Aakca2544E) 4, Kolkata.

disallowance in accordance with the section 14A of the I T Act read with Rule 8D is computed herein below: A. 14A r.w.r. 8D(1): Particulars Rs. Audit Fees 1,500 Printing & Stationery 1,125 Communication Expenses 740 Travelling & Conveyance 2,890 Salaries & Wages 3,800 General Expenses 311 Total 10,366 5. In respect of the said second assessment/re-assessment

RITIN LAKHMANI,KOLKATA vs. PR.CIT - 10 , KOLKATA

In the result, all the appeals filed by the assessees are allowed

Bench: Sri J. Sudhakar Reddy & Ms. Madhumita Roy)

revising the aforesaid order passed u/s. 143(3) of the Act." 8.1. The ld. CIT(E) initiated proceedings u/s 263 of the Act based on this proposal. The issue is whether such initiation of proceedings is valid in law. 8.2. The Kolkata 'C Bench of the Tribunal in the case of M/s. Rupayan Udyog (supra) has held as follows

PRAVESH KUMAR LAKHMANI ,KOLKATA vs. PR.CIT - 10 , KOLKATA

In the result, all the appeals filed by the assessees are allowed

Bench: Sri J. Sudhakar Reddy & Ms. Madhumita Roy)

revising the aforesaid order passed u/s. 143(3) of the Act." 8.1. The ld. CIT(E) initiated proceedings u/s 263 of the Act based on this proposal. The issue is whether such initiation of proceedings is valid in law. 8.2. The Kolkata 'C Bench of the Tribunal in the case of M/s. Rupayan Udyog (supra) has held as follows

RAVISH LAKHMANI ,KOLKATA vs. PR.CIT - 10 , KOLKATA

In the result, all the appeals filed by the assessees are allowed

Bench: Sri J. Sudhakar Reddy & Ms. Madhumita Roy)

revising the aforesaid order passed u/s. 143(3) of the Act." 8.1. The ld. CIT(E) initiated proceedings u/s 263 of the Act based on this proposal. The issue is whether such initiation of proceedings is valid in law. 8.2. The Kolkata 'C Bench of the Tribunal in the case of M/s. Rupayan Udyog (supra) has held as follows

GOPICHAND LAKHMANI ,KOLKATA vs. PR.CIT - 10, KOLKATA

In the result, all the appeals filed by the assessees are allowed

Bench: Sri J. Sudhakar Reddy & Ms. Madhumita Roy)

revising the aforesaid order passed u/s. 143(3) of the Act." 8.1. The ld. CIT(E) initiated proceedings u/s 263 of the Act based on this proposal. The issue is whether such initiation of proceedings is valid in law. 8.2. The Kolkata 'C Bench of the Tribunal in the case of M/s. Rupayan Udyog (supra) has held as follows

REETA LAKHMANI,KOLKATA vs. PR.CIT - 10 , KOLKATA

In the result, all the appeals filed by the assessees are allowed

Bench: Sri J. Sudhakar Reddy & Ms. Madhumita Roy)

revising the aforesaid order passed u/s. 143(3) of the Act." 8.1. The ld. CIT(E) initiated proceedings u/s 263 of the Act based on this proposal. The issue is whether such initiation of proceedings is valid in law. 8.2. The Kolkata 'C Bench of the Tribunal in the case of M/s. Rupayan Udyog (supra) has held as follows

RACHIT LAKHMANI ,KOLKATA vs. PR.CIT - 10, KOLKATA

In the result, all the appeals filed by the assessees are allowed

Bench: Sri J. Sudhakar Reddy & Ms. Madhumita Roy)

revising the aforesaid order passed u/s. 143(3) of the Act." 8.1. The ld. CIT(E) initiated proceedings u/s 263 of the Act based on this proposal. The issue is whether such initiation of proceedings is valid in law. 8.2. The Kolkata 'C Bench of the Tribunal in the case of M/s. Rupayan Udyog (supra) has held as follows

JAIKISHAN LAKHMANI ,KOLKATA vs. PR.CIT - 10 , KOLKATA

In the result, all the appeals filed by the assessees are allowed

Bench: Sri J. Sudhakar Reddy & Ms. Madhumita Roy)

revising the aforesaid order passed u/s. 143(3) of the Act." 8.1. The ld. CIT(E) initiated proceedings u/s 263 of the Act based on this proposal. The issue is whether such initiation of proceedings is valid in law. 8.2. The Kolkata 'C Bench of the Tribunal in the case of M/s. Rupayan Udyog (supra) has held as follows

M/S AB (WINES) STORES,KOLKATA vs. PCIT, KOLKATA-14, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Hon’Ble Sri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No.901/Kol/2016 Assessment Year : 2011-12 M/S. Ab (Wines) Stores -Vs.- Pr. C.I.T., Kolkata-14 Kolkata Kolkata [Pan : Aajfa 6312 L] (Respondent) (Appellant) For The Appellant : Shri S.K.Tulsiyan, Advocate For The Respondent : Shri R.S.Biswas, Cit Date Of Hearing : 15.06.2017. Date Of Pronouncement : 07.07.2017 Order

disallowance u/s 40A(3) of the Act had been the subject matter of appeal before the ld CITA and the same is pending and hence the very same issue of section 40A(3) of the Act could not be the subject matter of discussion in revision proceedings u/s 263

ITO, WD.9(1), KOLKATA vs. M/S MAHARAJ VINCOM PVT. LTD., KOLKATA

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.35/Kol/2021 Assessment Year: 2009-10 Ito, Ward-9(1), Kolkata……………….......................…...……………....Appellant Vs. M/S Maharaj Vincom Pvt. Ltd……............…..........................…..…..... Respondent 69, Jamunalal Bajaj Street, Kolkata- 700007. [Pan: Aafcm6496E] C.O. No.6/Kol/2023 (A/O I.T.A. No.35/Kol/2021) Assessment Year: 2009-10 M/S Maharaj Vincom Pvt. Ltd……............…..........................…....... Cross-Objector 69, Jamunalal Bajaj Street, Kolkata- 700007. [Pan: Aafcm6496E] Vs Ito, Ward-9(1), Kolkata …………..….......................…...……………....Respondent Appearances By: Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Assessee. Shri Abhijit Kundu, Cit-Dr, Appeared On Behalf Of The Department. Date Of Concluding The Hearing : March 07, 2024 Date Of Pronouncing The Order : May 15, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: This Appeal By The Revenue & Corresponding Cross-Objection By The Assessee Have Been Preferred Against The Order Dated 08.09.2020 Of The Commissioner Of Income Tax (Appeals)-7, Kolkata (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’).

revision of a non est order and, therefore, the impugned I.T.A. No.35/Kol/2021 & C.O. No.6/Kol/2023 Assessment Year: 2009-10 M/s Maharaj Vincom Pvt. Ltd. order passed u/s 263 by the Ld.CIT is also nullity in the eyes of law and therefore the same is hereby quashed.” 12. A perusal of the above order reveals that various Courts of Law including

KISHAN GOPAL MOHTA,KOLKATA vs. ACIT, CIR-35, KOLKATA, KOLKATA

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

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ] I.T.A No. 310/Kol/2015 Assessment Year : 2010-11 Kishan Gopal Mohta -Vs- Jcit, Range-35,Kolkata [Pan: Adqpm 0469 E] (Appellant) (Respondent) I.T.A Nos. 634 & 635/Kol/2016 Assessment Year : 2011-12 & 2012-13 Kishan Gopal Mohta -Vs- Acit, Circle-35,Kolkata [Pan: Adqpm 0469 E] (Appellant) (Respondent)

disallowance u/s 14A of the Act read with Rule 8D of the Rules and hence, the same issue cannot be the subject matter of revision proceeding u/s 263