NEXTGEN VYAPAAR ,KOLKATA vs. PR.CIT-2, KOLKATA

In the result, appeal of the assessee is allowed

u/s. 263 of the Act (First 263 order) and further we First Ld. Pr. CIT dated 23.08.2016 u/s. 263 of the Act (First 263 order) and further we First Ld. Pr. CIT dated 23.08.2016 u/s. 263 of the Act (First 263 order) and further we note that the Second Ld. Pr. CIT while issuing the Show Cause Notice while exercising

PHILIPS INDIA LTD.,KOLKATA vs. PCIT-IV, KOLKATA, KOLKATA

In the result, appeal of the assessee is dismissed

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi] I.T.A. No. 1142/Kol/2016 Assessment Year: 2009-10 Philips India Limited..........……………………………………....………………..…………………….….Appellant Earlier Known As Philips Electronics India Limited 7 No. Justice Chandra Madhab Road Kolkata – 700 020 [Pan : Aabcp 9487 A] Principal Commissioner Of Income Tax - Iv, Kolkata…….............…....................…...Respondent Appearances By: Shri P.J. Pardiwala, Sr. Advocate & Shri Navneet Misra, Advocate, Appeared On Behalf Of The Assessee. Shri Robin Choudhury, Addl. Cit D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : January 10Th, 2019 Date Of Pronouncing The Order : March 27Th, 2019 O R D E R Per J. Sudhakar Reddy :-

revision of this order dt. 21/01/2014 and not the draft assessment order dt. 01/03/2013. We hold that the order passed by the ld. Pr. CIT u/s 263 of the Act is not barred by limitation. There is no dispute that both the issues on which revisionary powers were invoked by the ld. Pr. CIT were not considered

M/S GOLDEN VINCOM PVT LTD,KOLKATA vs. PCIT-1, KOLKATA

In the result, the appeal of the assessee is allowed as per the terms indicated above

Bench: Sri Sanjay Garg & Sri Manish Borad)

revising the invalid order u/s 147 of the Act. This issue has been analysed by the Hon’ble Mumbai Bench of the tribunal in the case of M/s. Westlife Development Ltd. (supra) and 147 proceedings has been equated to primary proceedings and the proceedings u/s 263 passed equated to collateral proceedings. It has further been held based on various judicial

THE WEST BENGAL NATIONAL UNIVERSITY OF JURIDICIAL SCIENCE,KOLKATA vs. CIT(EXEMPTION) , KOLKATA

In the result, appeal of the assessee is allowed

revising the aforesaid order passed u/s. 143(3) of the Act.” 8.1. The ld. CIT(E) initiated proceedings u/s 263 of the Act based on this proposal. The ld. CIT(E) initiated proceedings u/s 263 of the Act based on this proposal. The ld. CIT(E) initiated proceedings u/s 263 of the Act based on this proposal. The issue

M/S METAL CRAFT INDUSTRIES PVT. LTD.,KOLKATA vs. I.T.O.,WARD-12(3), KOLKATA

In the result, appeal of the assessee is allowed

u/s. 263 of the Act (First 263 order) and further we First Ld. Pr. CIT dated 23.08.2016 u/s. 263 of the Act (First 263 order) and further we First Ld. Pr. CIT dated 23.08.2016 u/s. 263 of the Act (First 263 order) and further we note that the Second Ld. Pr. CIT while issuing the Show Cause Notice while exercising

SATISH KUMAR LAKHMANI,KOLKATA vs. PR.CIT-10, KOLKATA, KOLKATA

In the result, the appeal of assessee is allowed

Bench: "ी जे. सुधाकर रे"ी, लेखा सद"य एवं/And "ी ऐ. टी. वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

revising the aforesaid order passed u/s. 143(3) of the Act." 8.1. The ld. CIT(E) initiated proceedings u/s 263 of the Act based on this proposal. The issue is whether such initiation of proceedings is valid in law. 8.2. The Kolkata 'C Bench of the Tribunal in the case of M/s. Rupayan Udyog (supra) has held as follows

AMRITRASHI INFRA(P) LTD.,KOLKATA vs. PR.C.I.T.-4, KOLKATA

Bench: Shri P.M. Jagtap(Kz) &Shri A. T. Varkey, Jm] Assessment Year: 2012-13 Amritrashi Infra Private Ltd. Vs. Principal Commissioner Of Income-Tax- (Pan: Aakca2544E) 4, Kolkata.

revision (thereon u/s 263 to improvise the said asst. order (no such power u/s 263 there) is also invalidly passed and all subsequent proceedings including impugned order u/s 263 (dated 14.03.2019) being based on invalid orders deserves to be quashed.” 5 Amritrashi Infra Private Limited,AY- 2012-13 8. The Ld. AR Shri Kapil Goel, first of all wants

ANINDITA STEELS LTD.,JHARKHAND vs. PR.CIT-2, KOLKATA

In the result, appeal of the assessee is allowed

reassessment order passed u/s 143(3)/147 of the Act on 20/05/2016, while challenging the order passed u/s 263 of the Act while challenging the order passed u/s 263 of the Act while challenging the order passed u/s 263 of the Act, revising

HINDUSTHAN ENGINEERING & INDUSTRIES LTD,KOLKATA vs. PCIT, CENTRAL -1, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma] "ी राजेश कुमार लेखा सद"य एवं "ी संजय शमा" "या"यक सद"य के सम" I.T.(Ss)A. Nos. 19 To 25/Kol/2019 Assessment Years : 2009-10 To 2015-16 M/S Hindusthan Engineering & Vs. Acit, Central, Range-1, Kolkata Industries Ltd. (Pan: Aaach 8505 Q) Appellant / (अपीलाथ") Respondent / (" यथ")

revising the order u/s 153D of the Act which is wrong and contrary to the various judicial pronouncements which were cited in defense of his second proposition namely: i) Nilkantha Dealcom Pvt. Ltd. vs. PCIT, Kol (Kolkata ITAT) (ITA No. 1853/Kol/2018 dated 22/10/2020) ii) Surendra L, Hiranandai vs. Pr. CIT, Mumbai (Mum-ITAT) (ITA No. 3226/M/2017 dated

JAIKISHAN LAKHMANI ,KOLKATA vs. PR.CIT - 10 , KOLKATA

In the result, all the appeals filed by the assessees are allowed

Bench: Sri J. Sudhakar Reddy & Ms. Madhumita Roy)

revising the aforesaid order passed u/s. 143(3) of the Act." 8.1. The ld. CIT(E) initiated proceedings u/s 263 of the Act based on this proposal. The issue is whether such initiation of proceedings is valid in law. 8.2. The Kolkata 'C Bench of the Tribunal in the case of M/s. Rupayan Udyog (supra) has held as follows

PRAVESH KUMAR LAKHMANI ,KOLKATA vs. PR.CIT - 10 , KOLKATA

In the result, all the appeals filed by the assessees are allowed

Bench: Sri J. Sudhakar Reddy & Ms. Madhumita Roy)

revising the aforesaid order passed u/s. 143(3) of the Act." 8.1. The ld. CIT(E) initiated proceedings u/s 263 of the Act based on this proposal. The issue is whether such initiation of proceedings is valid in law. 8.2. The Kolkata 'C Bench of the Tribunal in the case of M/s. Rupayan Udyog (supra) has held as follows

RITIN LAKHMANI,KOLKATA vs. PR.CIT - 10 , KOLKATA

In the result, all the appeals filed by the assessees are allowed

Bench: Sri J. Sudhakar Reddy & Ms. Madhumita Roy)

revising the aforesaid order passed u/s. 143(3) of the Act." 8.1. The ld. CIT(E) initiated proceedings u/s 263 of the Act based on this proposal. The issue is whether such initiation of proceedings is valid in law. 8.2. The Kolkata 'C Bench of the Tribunal in the case of M/s. Rupayan Udyog (supra) has held as follows

REETA LAKHMANI,KOLKATA vs. PR.CIT - 10 , KOLKATA

In the result, all the appeals filed by the assessees are allowed

Bench: Sri J. Sudhakar Reddy & Ms. Madhumita Roy)

revising the aforesaid order passed u/s. 143(3) of the Act." 8.1. The ld. CIT(E) initiated proceedings u/s 263 of the Act based on this proposal. The issue is whether such initiation of proceedings is valid in law. 8.2. The Kolkata 'C Bench of the Tribunal in the case of M/s. Rupayan Udyog (supra) has held as follows

RACHIT LAKHMANI ,KOLKATA vs. PR.CIT - 10, KOLKATA

In the result, all the appeals filed by the assessees are allowed

Bench: Sri J. Sudhakar Reddy & Ms. Madhumita Roy)

revising the aforesaid order passed u/s. 143(3) of the Act." 8.1. The ld. CIT(E) initiated proceedings u/s 263 of the Act based on this proposal. The issue is whether such initiation of proceedings is valid in law. 8.2. The Kolkata 'C Bench of the Tribunal in the case of M/s. Rupayan Udyog (supra) has held as follows

GOPICHAND LAKHMANI ,KOLKATA vs. PR.CIT - 10, KOLKATA

In the result, all the appeals filed by the assessees are allowed

Bench: Sri J. Sudhakar Reddy & Ms. Madhumita Roy)

revising the aforesaid order passed u/s. 143(3) of the Act." 8.1. The ld. CIT(E) initiated proceedings u/s 263 of the Act based on this proposal. The issue is whether such initiation of proceedings is valid in law. 8.2. The Kolkata 'C Bench of the Tribunal in the case of M/s. Rupayan Udyog (supra) has held as follows

RAVISH LAKHMANI ,KOLKATA vs. PR.CIT - 10 , KOLKATA

In the result, all the appeals filed by the assessees are allowed

Bench: Sri J. Sudhakar Reddy & Ms. Madhumita Roy)

revising the aforesaid order passed u/s. 143(3) of the Act." 8.1. The ld. CIT(E) initiated proceedings u/s 263 of the Act based on this proposal. The issue is whether such initiation of proceedings is valid in law. 8.2. The Kolkata 'C Bench of the Tribunal in the case of M/s. Rupayan Udyog (supra) has held as follows

ITO, WD.9(1), KOLKATA vs. M/S MAHARAJ VINCOM PVT. LTD., KOLKATA

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.35/Kol/2021 Assessment Year: 2009-10 Ito, Ward-9(1), Kolkata……………….......................…...……………....Appellant Vs. M/S Maharaj Vincom Pvt. Ltd……............…..........................…..…..... Respondent 69, Jamunalal Bajaj Street, Kolkata- 700007. [Pan: Aafcm6496E] C.O. No.6/Kol/2023 (A/O I.T.A. No.35/Kol/2021) Assessment Year: 2009-10 M/S Maharaj Vincom Pvt. Ltd……............…..........................…....... Cross-Objector 69, Jamunalal Bajaj Street, Kolkata- 700007. [Pan: Aafcm6496E] Vs Ito, Ward-9(1), Kolkata …………..….......................…...……………....Respondent Appearances By: Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Assessee. Shri Abhijit Kundu, Cit-Dr, Appeared On Behalf Of The Department. Date Of Concluding The Hearing : March 07, 2024 Date Of Pronouncing The Order : May 15, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: This Appeal By The Revenue & Corresponding Cross-Objection By The Assessee Have Been Preferred Against The Order Dated 08.09.2020 Of The Commissioner Of Income Tax (Appeals)-7, Kolkata (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’).

revision jurisdiction u/s 263 of the Act and held that the reassessment order framed by the Assessing Officer was erroneous

M/S BHAGWATI VINTRADE PRIVATE LIMITED ,KOLKATA vs. I.T.O.,WARD-10(4), KOLKATA

In the result appeal of the assessee is allowed

u/s. 263 of the Act (First 263 order) and the First Ld. Pr. CIT dated 23.08.2016 u/s. 263 of the Act (First 263 order) and the First Ld. Pr. CIT dated 23.08.2016 u/s. 263 of the Act (First 263 order) and further we note that the Second Ld. Pr. CIT while issuing the Show Cause Notice at the Second