RAJROOP DOSHI,KOLKATA vs. I.T.O., WARD - 2(1),, KOLKATA

The appeal of the assessee is allowed

u/s 143(2)\nwas issued by ITO Ward 2(3), Kolkata. Finally, the assessment was\nalso framed by the same Assessing Officer. The Id. AO vehemently\nsubmitted before us that the order passed by the Id. AO is without\njurisdiction as the ITO ward 2(3), Kolkata, was not having jurisdiction\nover the case of the assessee in term

SMITA BISWAS,JALPAIGURI vs. A.C.I.T., CIRCLE-1(1), JALPAIGURI, JALPAIGURI

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar]

u/s 143(2) was issued by ITO, Ward-1(4), Jalpaiguri who is the jurisdictional AO however the assessment in this case was framed by ACIT, Circle- 1(1), Jalpaiguri . We note that there is no valid order of transfer of jurisdiction from ITO to ACIT and therefore the transfer of jurisdiction is in contravention of provisions of Section

KRISHNA KUMAR KEDIA ,KOLKATA vs. ITO, WARD 30(1), , KOLKATA

Appeal of the assessee is dismissed

143(2), dated-07.09.2012 assessment order u/s 144, dated 26.03.2014, demand notice u/s 156, penalty notice dated 26.03.2014 and penalty order u/s 271(1)(c), dated 30.09.2014 for your necessary action In this regard this is also to inform you that the following demands along with interest u/s 220(2) of the I.T. Act are still outstanding. SI Asst. Section

ZYDUS HEALTHCARE LTD,GANGTOK vs. ACIT, CIR. 3(2), GANGTOK

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawali.T.A. No. 139/Kol/2021 Assessment Year: 2014-2015 Zydus Healhcare Limited,……..................Appellant (Successor To Zydus Healthcare Sikkim), 4Th Floor, ‘D’ Wing, Zudus Corporate Park, Scheme No. 63, Survey No. 536, Khoraj (Gandhinagar), Nr. Vaishnodevi Circle, Ahmedabad, Gandhinagar, Gujrat-382481 [Pan: Aaacg1895Q] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Circle-3(2), Gangtok, Sikkim-737101 Appearances By: Shri Ajit Kumar Jain, Ca & Sonal Pandey, A.R., Appeared On Behalf Of The Assessee Shri G. Hukugha Sema, Cit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : January 18, 2023 Date Of Pronouncing The Order : February 20, 2023 O R D E R

143(3)/263 read with section 144C of the I.T. Act, 1961. Copy of Draft Assessment Order is issued to the assessee. Tax payable as per calculation sheet. 6. Penalty proceeding u/s 271(1)(c) of the I.T. Act, 1961 is initiated separately for furnishing inaccurate particulars of income. (R. Kiruthiga) DCIT, Circle-3(2

AMITABHA SANYAL,KOLKATA vs. ITO, WARD-58(4), KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed and the penalty levied is hereby deleted

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishraassessment Years: 2011-12 Amitabha Sanyal, Income Tax Officer, 108B, Block-F, New Alipore, Ward – 58(4), Kolkata, Kolkata – 700053 Vs Aayakar Bhawan, (Pan: Aleps2352J) Bamboo Villa, 169, A.J.C. Bose Road, Kolkata - 700014 (Appellant) (Respondent)

143(3) read with section 147 of the Act. Hence, in view of the Hon'ble High Court’s decision in case of M/s S.A.S. Pharmaceuticals (supra), no penalty was imposable u/s 271(1)(c) of the Act. We accordingly, direct the Ld. AO to delete the penalty levied. Hence, ground nos.1, 2

MD MAHIMUD SK,MALDA vs. I.T.O., WARD - 3(1), MALDA

In the result, the appeal of the assessee is allowed

2,25,800/-\nRs. 21,06,182/-\nRs. 23,31,982/-.\nIssue Penalty notice u/s 271(1)(c) and 271(1)(b) of the Income Tax Act, 1961.\nAssessed issue requisite documents to the assessee.\nPage 9\nITA Nos. 2229 & 2230/KOL/2024\nMD. Mahimud SK; A.Y. 15-16 & 2017-18\nThis order is being passed u/s 147/143(3) r.w.s

BMW INDUSTRIES LIMITED ,KOLKATA vs. DCIT, CENTRAL CIRCLE 4(1),, KOLKATA

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

2\nITA Nos. 2585, 2586 & 2587/KOL/2025\nBMW Industries Limited; 2012-13, 2015-16 & 2016-17\n3.\nThe facts in brief are that the assessee filed the return of income on 29.09.2012, declaring total income at ₹20,62,50,250/- and the assessment was framed u/s 143(3) of the Act vide order dated

DCIT, CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. KAILASH KUMAR TIBREWAL, KOLKATA

In the result, the appeal filed by the appellant is Allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

143(1) of the Act. Thereafter, a search u/s 132(1) of the Act wasconducted on the assessee on 19.02.2020 and consequently, the assessment was framed vide order dated 30.09.2021, wherein the addition of ₹3,75,00,000/- was made on peak credit basis for loans advanced to various parties on the basis of material seized during the course

DCIT,CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. KAILASH KUMAR TIBREWAL, KOLKATA

In the result, the appeal filed by the appellant is Allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

143(1) of the Act. Thereafter, a search u/s 132(1) of the Act wasconducted on the assessee on 19.02.2020 and consequently, the assessment was framed vide order dated 30.09.2021, wherein the addition of ₹3,75,00,000/- was made on peak credit basis for loans advanced to various parties on the basis of material seized during the course

MONISH RANJAN DASGUPTA,KOLKATA vs. ITO, WARD - 61(3), KOLKATA

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

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

143(3) read with section 147 of the Act. Hence, in view of the Hon'ble High Court’s decision in case of M/s S.A.S. Pharmaceuticals (supra), no penalty was imposable u/s 271(1)(c) of the Act. We accordingly, direct the Ld. AO to delete the penalty levied. Hence, ground nos.1, 2

DCIT,CC-4(2), KOLKATA, KOLKATA vs. THARUR BHASKARAN, KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

143(3) of the I.T. Act till 31st December, 2022, section 147 of the Act, till 31st ITA Nos. 580 to 590/KOL/2023 Tharur Bhaskaran March, 2023 and also section 147A of the Act till 30th April, 2023 respectively. 10. Huge number of relevant documents, as required for, in this Group being prepared in respect of filing the appeal before

DCIT,CC-4(2), KOLKATA, KOLKATA vs. THARUR BHASKARAN, KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

143(3) of the I.T. Act till 31st December, 2022, section 147 of the Act, till 31st ITA Nos. 580 to 590/KOL/2023 Tharur Bhaskaran March, 2023 and also section 147A of the Act till 30th April, 2023 respectively. 10. Huge number of relevant documents, as required for, in this Group being prepared in respect of filing the appeal before

DCIT,CC-4(2), KOLKATA, KOLKATA vs. THARUR BHASKARAN, KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

143(3) of the I.T. Act till 31st December, 2022, section 147 of the Act, till 31st ITA Nos. 580 to 590/KOL/2023 Tharur Bhaskaran March, 2023 and also section 147A of the Act till 30th April, 2023 respectively. 10. Huge number of relevant documents, as required for, in this Group being prepared in respect of filing the appeal before

DCIT, CC-4(2), KOLKATA, KOLKATA vs. NALINI BHASKARAN , KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

143(3) of the I.T. Act till 31st December, 2022, section 147 of the Act, till 31st ITA Nos. 580 to 590/KOL/2023 Tharur Bhaskaran March, 2023 and also section 147A of the Act till 30th April, 2023 respectively. 10. Huge number of relevant documents, as required for, in this Group being prepared in respect of filing the appeal before

DCIT, CC-4(2), KOLKATA, KOLKATA vs. NALINI BHASKARAN , KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

143(3) of the I.T. Act till 31st December, 2022, section 147 of the Act, till 31st ITA Nos. 580 to 590/KOL/2023 Tharur Bhaskaran March, 2023 and also section 147A of the Act till 30th April, 2023 respectively. 10. Huge number of relevant documents, as required for, in this Group being prepared in respect of filing the appeal before

DCIT, CC-4(2), KOLKATA, KOLKATA vs. NALINI BHASKARAN , KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

143(3) of the I.T. Act till 31st December, 2022, section 147 of the Act, till 31st ITA Nos. 580 to 590/KOL/2023 Tharur Bhaskaran March, 2023 and also section 147A of the Act till 30th April, 2023 respectively. 10. Huge number of relevant documents, as required for, in this Group being prepared in respect of filing the appeal before

DCIT, CC-4(2), KOLKATA, KOLKATA vs. NALINI BHASKARAN , KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

143(3) of the I.T. Act till 31st December, 2022, section 147 of the Act, till 31st ITA Nos. 580 to 590/KOL/2023 Tharur Bhaskaran March, 2023 and also section 147A of the Act till 30th April, 2023 respectively. 10. Huge number of relevant documents, as required for, in this Group being prepared in respect of filing the appeal before

DCIT, CC-4(2), KOLKATA, KOLKATA vs. NALINI BHASKARAN , KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

143(3) of the I.T. Act till 31st December, 2022, section 147 of the Act, till 31st ITA Nos. 580 to 590/KOL/2023 Tharur Bhaskaran March, 2023 and also section 147A of the Act till 30th April, 2023 respectively. 10. Huge number of relevant documents, as required for, in this Group being prepared in respect of filing the appeal before