ITO, WD-31(1), KOLKATA, KOLKATA vs. S. S. SHAWKAT, KOLKATA

In the result, the appeals of the revenue for the Asst Years 2002-03 to 2005-06

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A Nos. 1331-1335/Kol/2015 Assessment Years : 2002-03 To 2006-07 Ito, Ward-31(1), Kolkata -Vs- Shajahan S. Shawkat(Son & Legal Heir Of S.M. Shawkat) [Pan: Alrps 1158 D] (Appellant) (Respondent)

reassessments completed on 27.02.2014 for AYs 2002-03 to 2006-07. After due consideration of explanation furnished by the appellant. It is seen that such transactions do not call for any separate addition since these are covered by additional income

ITO, WD-31(1), KOLKATA, KOLKATA vs. SHAJAHAN S. SHAWKAT, KOLKATA

In the result, the appeals of the revenue for the Asst Years 2002-03 to 2005-06

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A Nos. 1331-1335/Kol/2015 Assessment Years : 2002-03 To 2006-07 Ito, Ward-31(1), Kolkata -Vs- Shajahan S. Shawkat(Son & Legal Heir Of S.M. Shawkat) [Pan: Alrps 1158 D] (Appellant) (Respondent)

reassessments completed on 27.02.2014 for AYs 2002-03 to 2006-07. After due consideration of explanation furnished by the appellant. It is seen that such transactions do not call for any separate addition since these are covered by additional income

ITO, WD-31(1), KOLKATA, KOLKATA vs. SHAJAHAN S. SHAWKAT, KOLKATA

In the result, the appeals of the revenue for the Asst Years 2002-03 to 2005-06

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A Nos. 1331-1335/Kol/2015 Assessment Years : 2002-03 To 2006-07 Ito, Ward-31(1), Kolkata -Vs- Shajahan S. Shawkat(Son & Legal Heir Of S.M. Shawkat) [Pan: Alrps 1158 D] (Appellant) (Respondent)

reassessments completed on 27.02.2014 for AYs 2002-03 to 2006-07. After due consideration of explanation furnished by the appellant. It is seen that such transactions do not call for any separate addition since these are covered by additional income

ITO, WD-31(1), KOLKATA, KOLKATA vs. S. S. SHAWKAT, KOLKATA

In the result, the appeals of the revenue for the Asst Years 2002-03 to 2005-06

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A Nos. 1331-1335/Kol/2015 Assessment Years : 2002-03 To 2006-07 Ito, Ward-31(1), Kolkata -Vs- Shajahan S. Shawkat(Son & Legal Heir Of S.M. Shawkat) [Pan: Alrps 1158 D] (Appellant) (Respondent)

reassessments completed on 27.02.2014 for AYs 2002-03 to 2006-07. After due consideration of explanation furnished by the appellant. It is seen that such transactions do not call for any separate addition since these are covered by additional income

ITO, WD-31(1), KOLKATA, KOLKATA vs. S. S. SHAWKAT, KOLKATA

In the result, the appeals of the revenue for the Asst Years 2002-03 to 2005-06

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A Nos. 1331-1335/Kol/2015 Assessment Years : 2002-03 To 2006-07 Ito, Ward-31(1), Kolkata -Vs- Shajahan S. Shawkat(Son & Legal Heir Of S.M. Shawkat) [Pan: Alrps 1158 D] (Appellant) (Respondent)

reassessments completed on 27.02.2014 for AYs 2002-03 to 2006-07. After due consideration of explanation furnished by the appellant. It is seen that such transactions do not call for any separate addition since these are covered by additional income

ARISTOCRAT RESIDENCES LLP ,KOLKATA vs. INCOME TAX OFFICER WARD 34 (1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Sonjoy Sarma, Jm Income Tax Officer, Ward Aristocrat Residences Llp 34(1) 2 Oswal Chambers Church Lane Aaykar Bhavan, Bbd Bagh, Kolkata-700001 Vs. Kolkata-700107 West Bengal West Bengal (Appellant) (Respondent) Pan No. Aavfa9997R Assessee By : Dr. Kapil Goel, Ar Revenue By : H. Robindro Singh, Dr Date Of Hearing: 06.02.2025 Date Of Pronouncement : 01.04.2025

income declared in the returns; and iv) in case no incriminating material is unearthed during the search, the AO cannot assess or reassess taking into consideration the other material in respect of completed assessments/unabated assessments. Meaning thereby, in respect of completed/unabated assessments, no addition

THE UNITED PROVINCES SUGAR COMPANY LTD., ,KOLKATA vs. ITO, WARD - 12(2), KOLKATA

In the result, appeal of the assessee is allowed

reassessment proceedings the ITO made addition to the assessee's income to the extent of Rs. 2,45,000 on account

SHRI KEDAR NATH DHOOT,KOLKATA vs. DCIT, C.C.-XXVII, KOLKATA, KOLKATA

In the result the appeals of the assessee are allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am]

Additional Amount of Penalty Income assessed in the asst. order u/s 153C 2002-03 Rs.7,43,460/- Rs.2,25,818/- 2005-06 Rs.35,14,660/- Rs.11,83,033/- 2006-07 Rs.3,36,050/- Rs.1,28,140/- 6. The learned counsel for the assessee submitted before us that neither Explanation 5 nor Explanation 5A to section

THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 3(2), GANGTOK, GANGTOK SIKKIM vs. SIKKIM STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED , GANGTOK SIKKIM

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

income assessed, reassessed or recomputed in a preceding order. (11) No addition or disallowance of an amount shall form the basis

SURESH KUMAR PODDAR,KOLKATA vs. I.T.O., WARD - 63(4), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

Bench: SHRI RAJESH KUMAR (Accountant Member)

income declared in the returns; and iv) in case no incriminating material is unearthed during the search, the AO cannot assess or reassess taking into consideration the other mate- rial in respect of completed assessments/unabated assessments. Meaning thereby, in respect of completed/unabated assessments, no addition

HARSH COMTRADE PVT LTD,SURAT vs. INCOME TAX OFFICER, WARD 5(4), KOLKATA

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

Bench: Shri George Mathanआयकर अपील सं/Ita No.225/Kol/2024 (नििाारण वर्ा / Assessment Year :2012-2013) Harsh Comtrade Private Limited, Vs Ito, Ward-5(4), Kolkata 1/A, Stuti Apartment, Near Ashok Panhouse, City Light, Surat, Gujarat Pan No. :Aabcg 8847 C (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) : Shri Mehul Shah, Ar नििााररती की ओर से /Assessee By राजस्व की ओर से /Revenue By : Shri S.B. Chakraborthy, Addl. Cit-Sr.Dr सुनवाई की तारीख / Date Of Hearing : 01/07/2025 घोषणा की तारीख/Date Of Pronouncement : 01/07/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 28.12.2023, Passed In Din & Order No.Itba/Nfac/S/250/2023-24/1059161646(1) For The Assessment Year 2012-2013. 2. Shri Mehul Shah, Ld. Ar Appeared On Behalf Of The Assessee & Shri S.B.Chakraborthy, Ld.Sr. Dr Appeared On Behalf Of The Revenue. 3. At The Time Of Hearing, Ld. Ar Submitted That He Has Filed Written Submissions Before The Tribunal Which Has Been Placed In The Paper Book At Pages 90 To 104 Which Reads As Follows :- Before Income Tax Appellate Tribunal, Kolkata - 'Smc' Bench In The Case Of Harsh Comtrade Pvt. Ltd Sub: Written Submission For A.Y. 2012-13 Ref: Assessee'S Appeal No. 225/Kol/2024 Date Of Hearing: 21.08.2024 May It Please To Your Honour 1. In This Case, The Case Is Re-Opened On The Basis Of Reasons For Reopening Recorded On 23.03.2018. The Same Is Reproduced

addition on account of other grounds on basis of some entry in bank account. 8 17. The provisions of Explanation 3 to Section 147 of the Act are reproduced as under: "For the purpose of assessment or reassessment under this section, the Assessing Officer may assess or reassess the income

B.P.PODDAR FOUNDATION FOR EDUCATION,KOLKATA vs. A.C.I.T.,CIRCLE-1(1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri S.S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1863/Kol/2019 ("नधा"रणवष" / Assessment Year:2009-10)

additions made in the said reassessment order which were not part of the reasons recorded for reopening the assessment are not sustainable in the eyes of law even after insertion of Explanation 3 to section 147 of the Act by Finance Act, 2009. We note that AO may assess or reassess the income

ACIT, CC-IV, KOLKATA, KOLKATA vs. MANOJ KR. JAIN & SONS (HUF), KOLKATA

In the result appeals of the Assessee are allowed while the appeals by the revenue are dismissed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ]

addition or disallowance if overall sense gathered from the order is that a further prognosis is called for. The decision of the Hon’ble Supreme Court in the case of MAK Data (P) Ltd. (supra) has to be understood in the context of the facts of the said case. The relevant portion of the judgment in the aforesaid case, reads

MANOJ KUMAR JAIN & SONS (HUF),KOLKATA vs. ACIT, CC-IV, KOLKATA, KOLKATA

In the result appeals of the Assessee are allowed while the appeals by the revenue are dismissed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ]

addition or disallowance if overall sense gathered from the order is that a further prognosis is called for. The decision of the Hon’ble Supreme Court in the case of MAK Data (P) Ltd. (supra) has to be understood in the context of the facts of the said case. The relevant portion of the judgment in the aforesaid case, reads

PANDROL RAHEE TECHNOLOGIES PVT. LTD., ,KOLKATA vs. ITO, WARD - 8(3), KOLKATA , KOLKATA

In the result, appeals filed by the assessee in ITA Nos

Bench: Shri S. S. Godara, Jm & Dr. A.L. Saini, Am

additions made in the said reassessment order which were not part of the reasons recorded for reopening the assessment are not sustainable in the eyes of law even after insertion of Explanation 3 to section 147 of the Act by Finance Act, 2009. We note that AO may assess or reassess the income

PANDROL RAHEE TECHNOLOGIES PVT. LTD., ,KOLKATA vs. ITO, WARD - 8(3), KOLKATA , KOLKATA

In the result, appeals filed by the assessee in ITA Nos

Bench: Shri S. S. Godara, Jm & Dr. A.L. Saini, Am

additions made in the said reassessment order which were not part of the reasons recorded for reopening the assessment are not sustainable in the eyes of law even after insertion of Explanation 3 to section 147 of the Act by Finance Act, 2009. We note that AO may assess or reassess the income

PANDROL RAHEE TECHNOLOGIES PVT. LTD., ,KOLKATA vs. ITO, WARD - 8(3), KOLKATA , KOLKATA

In the result, appeals filed by the assessee in ITA Nos

Bench: Shri S. S. Godara, Jm & Dr. A.L. Saini, Am

additions made in the said reassessment order which were not part of the reasons recorded for reopening the assessment are not sustainable in the eyes of law even after insertion of Explanation 3 to section 147 of the Act by Finance Act, 2009. We note that AO may assess or reassess the income

PANDROL RAHEE TECHNOLOGIES PVT. LTD., ,KOLKATA vs. ITO, WARD - 8(3), KOLKATA , KOLKATA

In the result, appeals filed by the assessee in ITA Nos

Bench: Shri S. S. Godara, Jm & Dr. A.L. Saini, Am

additions made in the said reassessment order which were not part of the reasons recorded for reopening the assessment are not sustainable in the eyes of law even after insertion of Explanation 3 to section 147 of the Act by Finance Act, 2009. We note that AO may assess or reassess the income