SWETA CHIRIMAR,KOLKATA vs. DCIT, CIRCLE - 29(1), KOLKATA

In the result, the appeal of the assessee is allowed

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

exemption in the income tax return but thereafter during the course of reassessment proceedings accepted the said sum as income

SARIKA DUGAR,KOLKATA vs. ITO, KOLKATA

In the result, appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Ble

exemption in the income tax return but thereafter during the course of reassessment proceedings accepted the said sum as income

USHA DEVI MITTAL AGARWAL,GANGTOK vs. INCOME TAX OFFICER, WARD 3(1), GANGTOK, SIKKIM

In the result, both the appeals of the assessee are allowed for statistical purposes

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

exemption u/s 10(26AAA) of the Income-tax Act, 1961 (the Act). The case of the assessee was selected for reassessment

D.C.I.T., CC-3(4), KOLKATA, KOLKATA vs. M/S. FORUM PROJECT PVT. LTD., KOLKATA

In the result, all the three captioned appeals of the revenue are hereby dismissed

Bench: Shri Sanjay Garg & Rajesh Kumari.T.(Ss)A Nos.108,109&585/Kol/2022 Assessment Years: 2010-11, 2011-12 & 2012-13 Dcit, Cc-3(2), Kolkata..................................................................……Appellant Vs. M/S Forum Projects Pvt. Ltd...........................……........……...…..…..Respondent 4/1, Red Cross Place, Dalhousie, Kolkata-1. [Pan: Aadcs7575E] Appearances By: Shri Subhrajyoti Bhattacharjee, Cit(Dr), Appeared On Behalf Of The Appellant. Shri Soumitra Choudhury, Advocate, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 30, 2023 Date Of Pronouncing The Order : June 05, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Revenue Against The Separate Orders Dated 20.05.2022, 08.06.2022 & 25.11.2014 Respectively Of The Commissioner Of Income Tax (Appeals)-21, Kolkata (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Contesting Therein The Confirmation Of Additions Made By The Assessing Officer (In Short ‘The A.O) In The Assessments Carried Out U/S 153A Of The Act. Since The Facts & Issues Involved In All These Appeals Are Identical, Hence These Have Been Heard Together & Are Being Disposed Of By This Common Order. First We Take Revenue’S Appeal In Ita No.108/Kol/2022 For Assessment Year 2010-11. I.T.(Ss)A Nos.108,109&585/Kol/2022 Assessment Years: 2010-11, 2011-12 & 2012-13 M/S Forum Projects Pvt. Ltd.

exempt income. Without prejudice to the above observation, the ld. CIT(A) further held that since this was a case of reassessment

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

reassessment, he could not make additions on some other grounds which did not form part of reasons recorded by him. d. CIT(Exemption

JERMEL'S ACCADEMY,SILIGURI vs. I.T.O., WARD - 1(4), , SILIGURI

In the result, the appeal filed by the assessee is allowed as per the directions mentioned above

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

exemption under sections 11 & 12 on account of not having complied with the requirements of section 12A(1)(b). Since this was the sole basis for upholding the validity of the reassessment

PATTON INTERNATIONAL LIMITED,KOLKATA vs. ACIT, CIRCLE 7(1), , KOLKATA

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

exempt income and denial of deduction for donations under Section 80G.", "held": "For AY 2018-19, the Tribunal set aside the CIT(A)'s order and remitted the matter back to the AO for de novo reassessment

SUSANTA MALLICK,KALIKAPUR vs. D.C.I.T., CIRCLE-11(1),, KOLKATA

In the result the appeal of the assessee is allowed for statistical purpose

exemption u/s 10(38) on LTCG (long term capital gains) amounting to Rs. 68.64 lakhs, which upon enquiry by AO was found as bogus and fictitious and notice u/s 148 dated 29/07/2022 was issued (as per procedure ) , and reassessment

SANDEEP KUMAR SHAH,KOLKATA vs. I.T.O., WARD - 50(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee stands allowed

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 07/Kol/2023 Assessment Year: 2010-11 Sandeep Kumar Shah Income Tax Officer, Ward – P-281, Cit Road, Scheme Vi(M) Vs 50(1), Kolkata Kakurgachi Kolkata - 700054 [Pan : Aprps6509J] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri A.K. Tibrewal, Fca/Amit Agrawal, Advocate Revenue By : Shri Ankur Goyal, Addl. Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 18/10/2023 घोषणा क" तारीख /Date Of Pronouncement: 30/11/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi, (Hereinafter The “Ld. Cit(A)”) Dt. 30/11/2022, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2010-11. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. That The Order Passed By The Ld. Cit (Appeals) U/S 250 Confirming The Additions & Disallowances Made By Learned Assessing Officer Is Contrary To The Law & Facts Of The Case. 2. That The Ld. Cit (Appeals) Erred In Denial Of Exemption Of Long-Term Capital Gain Of Rs. 41,86,458/- U/S 10(38) Of The Act Is Bad In Law & In Facts. 3. That The Learned Cit (Appeals) Failed To Appreciate That The Transaction Of Purchase / Sale Was Genuine & All The Requisite Prescribed Documents Submitted Were In Existence & Hence The Addition / Disallowance Has No Legs To Stand & Deserves To Be Held Ab Initio Null & Void.

exempted u/s. 10(38) without any basis or adverse finding or documentary evidence. 5. That the appellant craves leave to add/or amend any ground of this appeal.” 3. The assessee has raised the following additional grounds of appeal:- “1. That the initiation of reassessment

M/S GERMINDA PVT. LTD.,KOLKATA vs. I.T.O.,WARD-7(1), KOLKATA

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

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

exempt in the computation of total income and reported accordingly. Ld. Counsel placed reliance on the decision of Coordinate Bench of ITAT, Kolkata in assessee’s own case for the immediately preceding AY 2009-10 in ITA No. 1193/Kol/2019 dated 22.06.2022 wherein identical issue was dealt and appeal of the assessee was allowed on the legal issue of reassessment

PIXEL COMMERCIAL PVT. LTD.,KOLKATA vs. I.T.O., WARD - 9(3), KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed

Bench: Dr.Manish Boradआयकर अपील सं. / Ita No.1601/Kol/2024 Assessment Year : 2009-10

exempt income was earned by the assessee and sustained the addition made u/s.69 of the Act. 7. Now the assessee is in appeal before the Tribunal by raising the above-mentioned grounds of appeal. 8. Ld. Counsel for the assessee vehemently argued referring to the details furnished in the paper book containing 37 pages challenging the validity of reassessment

USHA DEVI MITTAL AGARWAL,GANGTOK vs. I.T.O., WARD 3(1), GANGTOK, SIKKIM

In the result, both the appeals of the assessee are allowed for statistical\npurposes

reassessment u/s 147 of the Act\nand in response to the notice, assessee filed the return. However, the\nId. AO held the return to be invalid.as it has been filed after due date.\nThe Id. AO passed an ex-parte order u/s 147 of the Act and assessed\nthe income of the assessee at ₹23,23,611/- by rejecting

DCIT, C.C.-3(4), KOLKATA vs. M/S TANISHQUE TRADE LINK PVT. LTD, HOWRAH

In the result, appeal of the revenue is dismissed

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 17/Kol/2021 Assessment Year: 2008-09 Deputy Commissioner Of Income Tanishque Tradelink Pvt. Ltd. Tax, Central Circle-3(4), Kolkata Vs Bhabatarini Apartment G.T. Road, Room No. 602 Howrah - 711201 [Pan : Aacct7512R] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri A.K. Tibrewal, Fca Revenue By : Shri Biswanath Das, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 18/01/2023 घोषणा क" तारीख /Date Of Pronouncement: 16/03/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-6, Kolkata (Hereinafter The “Ld. Cit(A)”) Dated 24/09/2020, Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), For Assessment Year 2008-09. 2. The Revenue Has Raised The Following Grounds Of Appeal:- “1. That On Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Law As Well As In Facts In Allowing The Bogus Share Capital Raised In The Books Of The Assessee Without Appreciating The Fact That The Assessee Failed To Discharge Its Primary Onus To Prove & Establish The Identity & Creditworthiness Of The Investor Companies & Genuineness Of The Transaction. 2. That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Law As Well As In Facts In Ignoring That The Identity & Creditworthiness Of The Shareholders & Even The Genuineness Of The Transactions Remained Unexplained. 3. That On Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Not Invoking His Powers U/S. 250(4) Of The I.T. Act, 1961 In Directing The Assessing Officer To Make Further Enquiry & Report The Results Of The

reassessment proceedings were part of the revisionary proceedings carried out u/s 263 of the Act and the ld. Pr. CIT directed to carry out the assessment proceeding afresh by giving the following directions:- “i) Examine the genuineness and source of share capital, not on a test check basis, but in respect of each and every shareholder by conducting independent enquiry

SUBHRA DUGAR,KOLKATA vs. ITO, WARD-33(7), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Rajesh Kumar]

reassessment is bad in law as the reopening of assessment has been made without any independent application of mind that too on the borrowed satisfaction. 2 I.T.A. No.318/Kol/2024 Assessment Year: 2012-13 Subhra Dugar 3. Facts in brief are that the assessee filed return of income on 04.12.2012 declaring total income of Rs. 4,34,360/-. During the year

M/S. OSIAN STOCK BROKING PVT. LTD.,KOLKATA vs. I.T.O., WARD- 6(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 408/Kol/2022 Assessment Year: 2010-11 M/S. Osian Stock Pvt. Ltd. Income Tax Officer, Ward-6(1), C/O S M Surana Advocate Kolkata Vs Unit No. 1501 15Th Floor Diamond Heritage 16, Strand Road Kolkata - 700001 [Pan : Aaaco3479N] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sunil Surana, Fca Revenue By : Shri Ranu Biswas, Addl. Cit, D/R सुनवाई क" तार"ख/Date Of Hearing : 30/01/2023 घोषणा क" तार"ख /Date Of Pronouncement: 28/02/2023 आदेश/O R D E R Per Dr. Manish Borad: This Is The Appeal Preferred By The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter Referred To As The Ld. Cit(A)”], Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter The ‘Act’), Dated 13/06/2022 For The Assessment Year 2010-11. 2. The Assessee Has Assailed The Order Of Ld. Cit(A) On Legal Issue As Well As On Merit As Raised In The Concise Grounds Of Appeal Filed By The Assessee Which Are Reproduced Below: “1. For That The Ld Cit(A) Erred In Not Properly Appreciating The Facts & Disposing The Grounds Of Appeal Taken By The Assessee. 2. For That The Ld Cit(A) Erred In Holding That The Ao Has Taken Into Consideration All Legal Steps Before Initiating Action U/S 147 When The Reopening Of Assessment Was Not In Accordance With Law.

exempt income.” 3. First of all, we would like to decide the issues raised in Ground Nos. 2 & 3 as stated above. Ground No. 2, is against the reopening of assessment on borrowed satisfaction without recording reason to believe by the Assessing Officer on his own and also in view of the several error and mistakes being crept

NARAYAN SUPPLIERS PVT. LTD.,KOLKATA vs. I.T.O., WARD - 6(3), KOLKATA, KOLKATA

In the result, appeal of the assessee is dismissed

exemption u/s.10(38) of the Act. It was the submission that the\nassessee has not incurred any loss on this account. Ld.AR drew our\nattention to page 45 of the paper book which is a copy of the profit and loss\naccount to submit that the loss also was not on account of the said three\ntransactions. The profit

ITO, KOLKATA vs. AJIT KUMAR MINDA, KOLKATA

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

exempt u/s 10(38) of the Act and added the same to the total\nincome of the assessee u/s 68 of the Act. Similarly, addition of\nRs.1,23,491/- was added to the income of the assessee as commission\npaid to entry operators u/s 69C of the Act as unexplained expenditure.\n4. Aggrieved by the above order, the assessee preferred

RAJESH KUMAR DAMANI,KOLKATA vs. I.T.O.,WARD-50(4), KOLKATA

In the result, the appeal of the assessee is hereby allowed

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

exemption should be allowed as per law. 6. For that in the facts and circumstance of this case the material based on which the Ld. Assessment Officer passed the assessment order are collected behind the back of the assessee and which were not provided during the course of assessment proceeding, thus material should be excluded/ignored for the purpose of this