PRAMOD LAKRA DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. URVASHI SAREES PVT. LTD, KOLKATA

In the result, the appeal filed by the assessee is allowed and the appeal of Revenue is dismissed

Bench: ITAT, Kolkata were collected and prepared | | 18.01.2025 | 2nd Appeal was filed |

148A(b) of the Act could have been issued in pursuance of directions of the Hon'ble Supreme Court of India, the Assessment Unit did not part with the documents relied upon in support of the issuance of such notice ignoring the mandatory directions of the Hon'ble Supreme Court and such purported action of the Assessment Unit and upholding

URVASHI SAREES PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 11(1), , KOLKATA

In the result, the appeal filed by the assessee is allowed and the appeal of Revenue is dismissed

Bench: ITAT, Kolkata were collected and prepared | | 18.01.2025 | 2nd Appeal was filed |

148A(b) of the Act could have been issued in pursuance of directions of the Hon'ble Supreme Court of India, the Assessment Unit did not part with the documents relied upon in support of the issuance of such notice ignoring the mandatory directions of the Hon'ble Supreme Court and such purported action of the Assessment Unit and upholding

M.A. FINANCIAL SERVICES PVT. LTD.,,KOLKATA vs. ITO, WARD 4(1),, KOLKATA

In the result, the appeal filed by the assessee is allowed and the appeal of Revenue is dismissed

Bench: Shri Pradip Kumar Choubey & Shri Sanjay Awasthiassessment Year: 2015-16 M. A Financial Services Pvt. Ltd.……………………….……….……….……Appellant 2, Lal Bazaar Street, 1St Floor, Kol-700001.. [Pan: Aaccm0481E] Vs. Ito, Ward-4(1), Kolkata…….…………………………….....……...…..…..Respondent Appearances By: Shri Manoj Kataruka, Ar, Appeared On Behalf Of The Appellant. Shri Praveen Kishore, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 09, 2025 Date Of Pronouncing The Order : October 17, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.05.2025 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 2015–16. 2. Brief Facts Of The Case Of The Assessee Are That The Assessee Filed Its Return Of Income For The A.Y 2015-16 U/S 139 Of The Act On 20.07.2015 Declaring Total Income Of Rs.9,647/-. The Said Return Was Processed U/S 143(1) Of The Act. Later On, Based On Information Received Through Itba Software Under The Head High Risk Transaction Case Notice U/S 148A(B) Of The Act Was Issued & Finally Notice U/S 148 Of The Act Was Issued On 13.07.2022. In Response, The Assessee Filed Return On 02.11.2021 Declaring Total Income Of Rs.9,647. Assessment Was Made Under Sec. 147 M. A Financial Services Pvt. Ltd Read With Section 144B Of The Act On 24.05.2023 Determining Total Income Of Rs.6,55,31,471/- Inter-Alia Making Following Addition:

148A(b) of the Act was issued and finally notice u/s 148 of the Act was issued on 13.07.2022. In response, the assessee filed return on 02.11.2021 declaring total income of Rs.9,647. Assessment was made under sec. 147 M. A Financial Services Pvt. Ltd read with section 144B of the Act on 24.05.2023 determining total income of Rs.6

SUMITA ROY CHOWDHURY,KOLKATA vs. I.T.O., WARD - 48(1),, KOLKATA

In the result, the appeal filed by the assessee is allowed and the appeal of Revenue is dismissed

Bench: Shri Pradip Kumar Choubey & Shri Sanjay Awasthiassessment Year: 2015-16 M. A Financial Services Pvt. Ltd.……………………….……….……….……Appellant 2, Lal Bazaar Street, 1St Floor, Kol-700001.. [Pan: Aaccm0481E] Vs. Ito, Ward-4(1), Kolkata…….…………………………….....……...…..…..Respondent Appearances By: Shri Manoj Kataruka, Ar, Appeared On Behalf Of The Appellant. Shri Praveen Kishore, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 09, 2025 Date Of Pronouncing The Order : October 17, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.05.2025 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 2015–16. 2. Brief Facts Of The Case Of The Assessee Are That The Assessee Filed Its Return Of Income For The A.Y 2015-16 U/S 139 Of The Act On 20.07.2015 Declaring Total Income Of Rs.9,647/-. The Said Return Was Processed U/S 143(1) Of The Act. Later On, Based On Information Received Through Itba Software Under The Head High Risk Transaction Case Notice U/S 148A(B) Of The Act Was Issued & Finally Notice U/S 148 Of The Act Was Issued On 13.07.2022. In Response, The Assessee Filed Return On 02.11.2021 Declaring Total Income Of Rs.9,647. Assessment Was Made Under Sec. 147 M. A Financial Services Pvt. Ltd Read With Section 144B Of The Act On 24.05.2023 Determining Total Income Of Rs.6,55,31,471/- Inter-Alia Making Following Addition:

148A(b) of the Act was issued and finally notice u/s 148 of the Act was issued on 13.07.2022. In response, the assessee filed return on 02.11.2021 declaring total income of Rs.9,647. Assessment was made under sec. 147 M. A Financial Services Pvt. Ltd read with section 144B of the Act on 24.05.2023 determining total income of Rs.6

M/S. DIACH CHEMICALS & PIGMENTS PVT. LTD.,HOWRAH vs. D.C.I.T., CENTRAL CIRCLE - 4(2), KOLKATA, KOLKATA

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

Bench: Shri Sanjay Garg, Jm & Shri Rajesh Kumar, Am

Section 148A of the Act dated 17.03.2022, wherein at page no. 4 of the notice the ld. AO has stated that M/s Saviri Ispat India Pvt. Ltd. has taken accommodation entry and brought back their unaccounted income into their regular books of accounts in the guise of bogus share/ share premium, unsecured loans etc. amounting

M/S. DIACH CHEMICALS & PIGMENTS PVT. LTD.,HOWRAH vs. D.C.I.T., CENTRAL CIRCLE - 4(2), KOLKATA, KOLKATA

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

Bench: Shri Sanjay Garg, Jm & Shri Rajesh Kumar, Am

Section 148A of the Act dated 17.03.2022, wherein at page no. 4 of the notice the ld. AO has stated that M/s Saviri Ispat India Pvt. Ltd. has taken accommodation entry and brought back their unaccounted income into their regular books of accounts in the guise of bogus share/ share premium, unsecured loans etc. amounting

RAGHUVIR RETAILERS PVT. LTD.,KOLKATA vs. PCIT-2, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Pcit-2 Raghuvir Retailers Pvt. Ltd. Aaykar Bhavan P-7, Mandawa Shikhar, 151, Sarat Chowringhee Square, Kolkata- Bose Road, Kolkata-700026, Vs. 700069, West Bengal West Bengal (Respondent) (Appellant) Pan No. Aaecr8231M Assessee By : Shri S.M. Surana, Ar Revenue By : Shri Subhendu Datta, Dr Date Of Hearing: 19.12.2024 Date Of Pronouncement : 11.02.2024

148A of the Act.” Raghuvir Retailers Pvt. Ltd.; A.Y. 2013-14 010. The case of the assessee find support from the decision of in the case of Keshab Narayan Banerjee (supra) herein the Hon'ble Kolkata High Court has held as under:- “We, therefore, are of the view that there is neither any material which could justify the inference

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(1), KOLKATA, KOLKATA vs. RAJSHRI IRON INDUSTRIES PRIVATE LIMITED, KOLKATA

In the result, both the appeals of the Revenue are dismissed

Bench: Shri Rajesh Kumar, Am & Shrisonjoy Sarma, Jm

Sections 68 and 69 C of the Act, and if the purchases are bogus, then it is not incumbent upon the Tribunal to restrict the disallowance only to confirm certain percentage of such purchases. The Special Leave Petition against the said decision was dismissed by the Hon'ble Supreme Court in case of N. K. Protiens Ltd. v. Deputy Commissioner

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(1), KOLKATA, KOLKATA vs. RAJSHRI IRON INDUSTRIES PRIVATE LIMITED, KOLKATA

In the result, both the appeals of the Revenue are dismissed

Bench: Shri Rajesh Kumar, Am & Shrisonjoy Sarma, Jm

Sections 68 and 69 C of the Act, and if the purchases are bogus, then it is not incumbent upon the Tribunal to restrict the disallowance only to confirm certain percentage of such purchases. The Special Leave Petition against the said decision was dismissed by the Hon'ble Supreme Court in case of N. K. Protiens Ltd. v. Deputy Commissioner

JCIT (IN-SITU), CIRCLE-4(1), KOLKATA, KOLKATA vs. TEZAS TRADING COMPANY PVT LTD, KOLKATA

In the result, both, the appeal of revenue as well as the cross objection of the assessee, are treated as allowed for statistical purposes

Bench: Sri Sanjay Garg & Shri Sanjay Awasthi

Section 148A of the new Law? 7. The appellant craves to make addition, alternation and modification of ground or grounds during the course of hearing of the appeal.” 6. Whereas, in the Cross Objection, the assessee has taken the following grounds: Page 3 of 6 I.T.A. No.: 1505/KOL/2024 & CO 46/Kol/2024 Tezas Trading

UMANG WEBTECH PVT. LTD.,KOLKATA vs. I.T.O., WARD - 1(3), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

disallow the claim of current year loss of Rs. 18,26,160/- and added back to the total income. Subject to the above observation the total income of the assessee is computed as under: 4. Aggrieved by the said order, the assessee preferred an appeal before the Ld. CIT(A) wherein the appeal of the assessee has been dismissed. Being

GARRAH SKUS LIMITED,BANKURA vs. ITO, WARD 3(1),, BANKURA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

148A(b) of the Act, a notice u/s 148 of the Act was issued. However, the assessee did not furnish any reply to the notices issued by the Assessing Officer (hereinafter referred to as Ld. 'AO') including the show cause notice issued u/s 144 of the Act. The Ld. AO made the assessment to the best of his judgment

M/S. SHREE PRAKASH TRACON PVT. LTD.,KOLKATA vs. I.T.O., WARD - 5(1), , KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Sonjoy Sarma, Jm M/S Shree Prakash Tracon Pvt. Income Tax Officer, Ltd. Ward 591), Kokata P-7, Room No. 301/A/1, Avani Chowringhee Square, Aaykar Vs. Signature, 91/A/1, Park Street, Bhavan,Kolkata-700069 Kolkata-700016 (Appellant) (Respondent) Pan No. Aakcs7629A Assessee By : Shri Sunil Surana, Ar Revenue By : Shri Pradip Biswas, Dr Date Of Hearing: 29.10.2024 Date Of Pronouncement : 28.11.2024

disallowance of expenses u/s 69C of the Act being unexplained to the tune of ₹28,33,609/-. The appeal of the assessee was partly allowed by the ld. CIT (A) by confirming the addition to the tune of ₹50% of expenses and deleting the remaining 50%. 05. After hearing the rival contentions and perusing the documents available on record

RAJU SAHA,BARASAT, TWENTY FOUR PARGANAS NORTH vs. DCIT/ACIT, CIRCLE - 61,, KOLKATA

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

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 2056/Kol/2025 Assessment Year: 2018-2019 Raju Saha,……………………………….……...……Appellant Swapanapuri, Duttapukur Hatkhola, Barasat, 24-Parganas (N), Kolkata-743248, West Bengal [Pan:Awops1579E] -Vs.- Dcit/Acit,…………………………………….……..Respondent Circle-61, Kolkata, Office Of The Deputy Commissioner Of Income Tax, Bamboo Villa, 169, A.J.C. Bose Road, Kolkata-700014

148A(d) of the 2 Raju Saha Act with the prior approval of the specified authority, but the assessee did not make any compliance. As the assessee did not furnish any information, the assessee was again requested to furnish the requisite information by way of issuance of another notice under section 142(1) of the Act dated

M/S. SHAKAMBHARI ISPAT & POWER LTD.,KOLKATA vs. DCIT, CC - 3(3),, KOLKATA

148A which AO failed to do in this case\nand hence consequential proceedings and order so passed u/s 147\nhas become bad in law\nvii) Before issuing notice u/s 148 (for A.Y 2019-20) the conditions\nas specified in sec. 149(1)(b) were required to be satisfied and\nwhich is not satisfied in appellant's case. Such condition

DCIT,CIRCLE-5(1), KOLKATA, KOLKATA vs. HINDUSTHAN NATIONAL GLASS AND INDUSTRIESLIMITED, KOLKATA

In the result, the appeal of the Revenue is dismissed as being infructuous

Bench: Shri George Mathan & Shri Rakesh Mishra

section 148A of the Act. It is also mentioned that his charge was created by the merger of four circles and, therefore, the workload became unmanageable, creating huge backlog which had now somewhat normalised. Moreover, after merger, records were very difficult to trace out and the relevant record was found on 26/12/2023. Therefore, it has been requested to condone

SHYAM GREENFIELD DEVELOPER PRIVATE LIMITED,KOLKATA vs. ITO, WARD 2(1), KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 148A of the Act before reopening the assessment and in that view of the matter, the impugned proceedings u/s 147/144B and the consequent reassessment order dated 14.03.2024 passed u/s 147/144B of the Act ought to be declared bad in law. I.T.A. No.: 1164/KOL/2025 Assessment Year: 2018-19 Shyam Greenfield Developer Private Limited. (iii) For that on the facts

M/S. SHAKAMBHARI ISPAT & POWER LTD.,,KOLKATA vs. DCIT, CENTRAL CIRCLE 3(3), , KOLKATA

148A which AO failed to do in this case\nand hence consequential proceedings and order so passed u/s 147\nhas become bad in law\nvii) Before issuing notice u/s 148 (for A.Y 2019-20) the conditions\nas specified in sec. 149(1)(b) were required to be satisfied and\nwhich is not satisfied in appellant's case. Such condition