LIMTEX INFOTECH LTD.,,KOLKATA vs. ITO, WARD - 7(4), KOLKATA , KOLKATA

In the result, the appeals of the revenue are dismissed and cross objections of the assessee are allowed as stated above

Bench: Hon’Ble Shri S.S. Godara, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1368/Kol/2017 Assessment Year : 2010-11 Limtex Infotech Ltd. -Vs- Ito, Ward-7(4), Kolkata. [Pan: Aabcl 0088 R] (Appellant) (Respondent)

reassessment of assessees claiming deduction under section 10A, it has been decided that the claim of deduction under section 10A, shall

I.T.O WD - 7(2),KOLKATA., KOLKATA vs. M/S WIZARD ENTERPRISES PVT LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: : Shri S.S Viswanethra Ravi

reassessment of assessees claiming deduction under section 10A, it has been decided that the claim of deduction under section 10A, shall

ITO, WARD - 7(2), KOLKATA, KOLKATA vs. M/S. WIZARD ENTERPRISES PVT. LTD., KOLKATA

In the result, the appeals of the revenue are dismissed and cross objections of the assessee are allowed as stated above

Bench: : Shri Mahavir Singh & Shri M. Balaganesh

reassessment of assessees claiming deduction under section 10A, it has been decided that the claim of deduction under section 10A, shall

D.C.I.T CIR - 8,KOLKATA, KOLKATA vs. M/S ABCI INFRASTRUCTURE PVT LTD, KOLKATA

In the result, the appeal of revenue is dismissed

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And "ी एम .बालागणेश, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Shri M.Balaganesh, Am]

reassessment order has granted 80IC deduction to the assessee. It should be remembered that in CIT Vs. Sun Engineering (1992) 198 ITR 297 (SC), the Hon’ble Supreme

ITO, KOLKATA vs. AJIT KUMAR MINDA, KOLKATA

In the result, the appeal of the Revenue and cross objections of the\nassessee are dismissed

reassessment cannot be made on mere\nchange of opinion. Some of the judgments which are relevant are referred to\nherein:\nCIT v. Techspan India (P) Ltd., (2018) 6 SCC 685 : 2018 SCC OnLine SC 435\nat page 690\n“19. The fact in controversy in this case is with regard to the deduction

D.C.I.T, CIR-8, KOLKATA, KOLKATA vs. M/S NEWDEAL FINANCE & INVESTMENT LTD., KOLKATA

In the result, all the three appeals of the revenue are treated as allowed for statistical purposes

deduction on account of huge interest expenditure was wrongly allowed in the original assessment. He accordingly reopened the assessment and issued a notice to the assessee under section 148 on 24.03.2008 after recording the reasons. During the course of reassessment

THE BURDWAN CENTRAL CO-OPERATIVE BANK LIMITED,BURDWAN vs. ACIT, CIRCLE-2, BURDWAN, BURDWAN

In the result, these three appeals of assessee for the A

Bench: Shri A.T. Varkey, J.M. & Dr.A.L.Saini, A.M.)

reassessment cases, the assessing authority had originally granted deduction by way of depreciation of the notional loss incurred by the assessee

THE BURDWAN CENTRAL CO - OPERATIVE BANK LIMITED,BURDWAN vs. A.C.I.T CIR - 2,BURDWAN, BURDWAN

In the result the appeal of the assessee is partly allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ] Assessment Year : 2009-10

reassessment cases, the assessing authority had originally granted deduction by way of depreciation of the notional loss incurred by the assessee

PATAKA INDUSTRIES PVT. LTD.,KOLKATA vs. ACIT, CIRCLE-8(2), KOLKATA PRESENTLY CIRCLE-7(1), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2010-11

reassessment u/s. 147 on the issue of non-deduction of tax at source on cretins expenses claimed as deduction which

DCIT, CIR-3(2), GANGTOK, AAYAKAR BHAWAN BHANUPATH ROAD NEAR WHITE HALL GANGTOK vs. HEINZ INDIA PRIVATE LIMITED, SIKKIM

The appeal of the revenue is dismissed and cross-objection of the assessee is allowed

Bench: Shri Rajesh Kumar (Accountant Member), Shri Sonjoy Sarma (Judicial Member)

deduction claimed u/s 80IC to Rs.102,02,10,934/- as against claim of Rs.102,80,88,016/-. While initiating the reassessment

SARDA MINES PVT. LIMITED,KOLKATA vs. DCIT, CIRCLE-05(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm] I.T.A. No. 867/Kol/2017 Assessment Year: 2007-08 Sarda Mines Pvt. Ltd...............................………………………………………………Appellant 6Th Floor, Circular Court, 8, Ajc Bose Road, Kolkata – 700017. [Pan : Aahcs 2419 R] D.C.I.T., Cir 5(2) Kolkata………………………………………………......................Respondent Aayakar Bhawan, P-7, Chowringhee Square, Kolkata - 69 Appearances By: Shri A.K. Gupta, Fca Appearing On Behalf Of The Assessee. Md. Usman, Cit Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 21, 2017 Date Of Pronouncing The Order : December 14, 2017 Order Per P.M. Jagtap, Am This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Principal Cit – 2, Kolkata Dated 28.03.2017 Passed Under Section 263 Of The Income Tax Act, 1961 & The Grounds Raised By The Assessee Therein Read As Under: “1. For That The Order Passed Under Section 263 Of The Income Tax Act, 1961 (In Short ‘The Act’) By The Principal Commissioner Of Income Tax -2, Kolkata (In Short ‘Cit’) Dated 28.03.2017 Is Without Jurisdiction & Illegal As None Of The Condition Precedent For Exercise Of The Power Under Section 263 Of The Act Exists And/Or Has Been Satisfied & As Such The Said Order Is Erroneous & Without Jurisdiction & Liable To Be Cancelled. 2. For That The Order Passed By The Assessing Officer Was Not In Any Way Erroneous Or Prejudicial To The Interest Of Revenue & As Such The Cit Would Not Exercise Any Power Under Section 263 Of The Act. The Cit Erred In Holding That The Order Of Assessment Is Erroneous & Prejudicial To The Interest Of Revenue.

deduction of tax at source. It is evident that the points/grounds taken in the notice under reply are entirely unrelated to the points/grounds on which the reassessment

G. S. ATWAL & CO. (ENGG.) PVT. LTD.,KOLKATA vs. DCIT, CEN. CIR-XX, KOLKATA, KOLKATA

The appeal of the assessee is allowed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

reassessment proceedings, on the merits of the claim for deduction as bad- debt, etc - it is now clear, and the logic

MCLEOD RUSSEL INDIA LTD.,KOLKATA vs. PCIT, KOLKATA - 2, KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.1136/Kol/2024 (नििाारण वर्ा / Assessment Year : 2015-2016) Mcleod Russel India Limited, Vs Pr.Cit, Kolkata-2 Four Mangoe Lane, Surendra Mohan Ghosh Sarani, Kolkata-700001 Pan No. :Aaace 6918 J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri N.S.Saini, Ar & Ms. Priyanka Salarpuria, Ar राजस्व की ओर से /Revenue By : Shri P.N.Barnwal, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 20/02/2025 घोषणा की तारीख/Date Of Pronouncement : 24/04/2025 आदेश / O R D E R Per Rajesh Kumar, Am : This Is An Appeal Filed By The Assessee Against The Order Dated 30.03.2024, Passed By The Ld. Pr.Cit, Kolkata-2, U/S.263 Of The Act For The Assessment Year 2015-2016 On The Following Grounds :- 1. On The Facts & In Circumstances Of The Case As Well As Law On The Subject, The Learned Pr. Cit Has Erred In Passing The Order U/S 263 By Invoking Of Section 263 Of The Act, Although The Assessment Order Passed U/S. 147 R.W.S. 143(3) Of The I. T. Act, 1961 Was Neither Erroneous Nor Prejudicial To The Interest Of The Revenue. 2. For That On The Facts & In The Circumstances Of The Case & In Law, The Reassessment Order For A.Y. 2015-16 Which Is Sought To Be Revised By The Ld. Pcit U/S 263 Had Neither Considered The Issue Of Eligibility For Deduction U/S 801E Of The 1.T. Act In The Reassessment Proceedings Nor The Reopening Of The Assessment Made On That Ground. Therefore, The Issue Does Not Arise Out Of The Order Passed U/S 147 Of The 1.T. Act, 1961. 3. For That On The Facts Of The Case & Law, The Issue Of Notice U/S 263 Of The Act On The Ground That The Assessee Company

reassessment order for A.Y. 2015-16 which is sought to be revised by the Ld. PCIT u/s 263 had neither considered the issue of eligibility for deduction

DEEPAK BAJAJ ,KOLKATA vs. ITO, WARD 40(1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

deduction of TDS namely i) artists remuneration ii)Studio Hire Charges iii)Interest paid on unsecured loans and iv)Car hire charges , conveyance and dep. etc and not in respect of the issues raised by the ld. PCIT in the order passed u/s 263 of the Act. The reassessment

MCLEOD RUSSEL INDIA LTD.,KOLKATA vs. PCIT - 2, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

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

reassessment was any issue raised or decided in respect of the deductions under section 36(1)(vii), (viia) and the foreign

ZULU MERCHANDISE (P)LTD,KOLKATA vs. PCIT 2, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Sri Rajesh Kumar & Sonjoy Sarma

reassessment was any issue raised or decided in respect of the deductions under section 36(1)(vii), (viia) and the foreign

M/S K.M. KHADIM & CO.,KOLKATA vs. PCIT-1, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

reassessment was any issue raised or decided in respect of the deductions under section 36(1)(vii), (viia) and the foreign

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

reassessment on the ground that the assessee has wrongly claimed excessive deduction under s. 80-O of the IT Act, 1961 and that