VRINDA ENGINEERS PVT. LTD. ,KOLKATA vs. PCIT, CER-1, KOLKATA. , KOLKATA

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

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. Nos. 1274/Kol/2023 Assessment Year: 2012-2013 Vrinda Engineers Pvt. Ltd.,.......................Appellant C/O. Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite-213, 2Nd Floor, Kolkata-700069 [Pan: Aaacv9131E] -Vs.- Principal Commissioner Of Income Tax,....Respondent Central-1, Kolkata, Aayakar Bhawan Poorva, 110, Shantipally, E.M. Bypass, Kolkata-700107 -A N D- I.T.A. Nos. 1232/Kol/2023 Assessment Year: 2012-2013 Vrinda Engineers Pvt. Ltd.,.......................Appellant C/O. Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite-213, 2Nd Floor, Kolkata-700069 [Pan: Aaacv9131E] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Central Circle-1(1), Kolkata, Aayakar Bhawan Poorva, 110, Shantipally, E.M. Bypass, Kolkata-700107

reassessment order under section 147 read with section 143(3) of the Income Tax Act on 30.09.2019. 16. The ld. Commissioner perused the record and formed an opinion that assessment order dated 30.09.2019 is an erroneous order, which has caused a prejudice to the interest of revenue. Therefore, he assumed jurisdiction under section 263 of the Income

VRINDA ENGINEERS PVT. LTD. ,KOLKATA vs. ACIT,C.C-1(1),KOLKATA. , KOLKATA

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

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. Nos. 1274/Kol/2023 Assessment Year: 2012-2013 Vrinda Engineers Pvt. Ltd.,.......................Appellant C/O. Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite-213, 2Nd Floor, Kolkata-700069 [Pan: Aaacv9131E] -Vs.- Principal Commissioner Of Income Tax,....Respondent Central-1, Kolkata, Aayakar Bhawan Poorva, 110, Shantipally, E.M. Bypass, Kolkata-700107 -A N D- I.T.A. Nos. 1232/Kol/2023 Assessment Year: 2012-2013 Vrinda Engineers Pvt. Ltd.,.......................Appellant C/O. Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite-213, 2Nd Floor, Kolkata-700069 [Pan: Aaacv9131E] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Central Circle-1(1), Kolkata, Aayakar Bhawan Poorva, 110, Shantipally, E.M. Bypass, Kolkata-700107

reassessment order under section 147 read with section 143(3) of the Income Tax Act on 30.09.2019. 16. The ld. Commissioner perused the record and formed an opinion that assessment order dated 30.09.2019 is an erroneous order, which has caused a prejudice to the interest of revenue. Therefore, he assumed jurisdiction under section 263 of the Income

BHARGAB ENGINEERING WORKS,HOWRAH vs. PCIT, CENTRAL KOLKATA 2, , KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Shri George Mathan & Shri Rakesh Mishra

reassessment order under section 143(3) r.w.s. 147 dated 30.03.2023, and the expenditure claimed was required to be disallowed. Therefore, a sum of ₹ 17,03,551/- to be disallowed under section 36(1)(va) of the Act and another sum of ₹ 45,236/-, which was required to be disallowed as per Explanation 1 to sub-section (1) of section

A.C.I.T., CIRCLE-2, HOOGLY, HOOGHLY vs. SWAPAN KUMAR MONDAL, HOOGHLY

In the result, appeal of the revenue is dismissed

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey) Assessment Year: 2008-09 Assistant Commissioner Of Income Tax, Circle-2, Hooghly……...……...………………...……..Appellant Swapan Kumar Mondal..…….…..…….……………………..…………………………………..……….…..Respondent Uttarayan Station Road Chinsurah R.S. Dist. Hooghly Pin – 712 102 [Pan : Aedpm 6336 A]

reassess the income escaping assessment ( sd/- Arup Biswas )” It is undoubtedly clear from the reasons recorded for reopening of assessment is that Rs. 59,99,647/ - as disclosed by the assessee during survey is to be taxed in section 68 to 69D of the Act and the same cannot be set off with other heads /other income.” 5.1. A perusal

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)

reassessment order made by AO under section 147/148 of the Act is liable to be cancelled. B.P. Poddar Foundation for Education Assessment Year:2009-10 10. On the other hand, the ld. DR has primarily reiterated the stand taken by the Assessing Officer which we have already noted in our earlier para and the same is not being repeated

DCIT, CC-4(1), KOLKATA, KOLKATA vs. M/S. MAAN CAPITAL SERVICES PVT. LTD. , KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Hon’Ble Shri S.S.Godara, Jm & Hon’Ble Shri M.Balaganesh, Am] I.T.A No. 1193/Kol/2017 Assessment Year : 2009-10 Dcit,Cc-4(1), Kolkata -Vs- M/S Maan Capital Services Pvt. Ltd. [Pan: Aaccm 0388 G] (Appellant) (Respondent)

section 143(3) / 153D / 153A of the Income Tax Act, 1961 (in short “the Act”) dated 30.03.2015 for the Assessment Year 2009-10. 2. The only issue to be decided in this appeal is as to whether the ld CITA was justified in deleting the addition of Rs 1,63,00,000/- towards share capital / share application 2 M/s Maan

SEN FERRO ALLOYS (P) LTD.,KOLKATA vs. A.C.I.T., CC - 4(3), KOLKATA, KOLKATA

In the result, both appeals of the assessee are allowed

133A dated 01.12.2015 at asseesse's Factory cum Office premises at Dejuri,\nP:O-Unra,\nJambedin,\nP.S-Barjora,\nvarious stocks found are as per the list below:\nWest\nDt-Bankura,\nBengal\nAs per Stock Register (In Ton) as on\nAs per physical verification (in Ton)\nthe\nNo Stocks\n30.11.2015\nIron Ore\n5134.990\n5132.50\nIron Ore Fellets\n44.830\n44.00\nCoal\n449.685\n425.00

PKC SECURITIES ,KOLKATA vs. I.T.O.,WARD-35(1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

reassessment order be quashed. 14. For that the sanction u/s 151 of the IT Act 1961 before the reopening of assessment u/s 148 of the IT Act 1961 was mechanical and without application of proper mind and the sanction was bad in law and hence the reopening be held to be bad in law. 15. For that the facts

SHREE RAMCHANDRA INGOT INDIA PVT. LTD.,KOLKATA vs. D.C.I.T., CC-4(3),, KOLKATA

In the result, all six appeals of the assessee are allowed and all six appeals of the revenue are dismissed

Bench: S/Shriand Rajesh Kumar & Pradip Kumar Choubeyita No.1363/Kol/2025: Assessment Year: 2017-18

reassessment proceedings under section 148 of the Act, which is wrong, illegal and unjustified. 6. For that the order passed by the ld CIT(A) to the extent confirming the additions and rejecting the grounds of appeal is bad in facts and law.” 4. Ground Nos.1,5 & 6 of appeal are general in nature, hence requires no separate adjudication

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. SHREE RAMCHANDRA INGOT INDIA PRIVATE LIMITED, KOLKATA

In the result, all six appeals of the assessee are allowed and all six appeals of the revenue are dismissed

Bench: S/Shriand Rajesh Kumar & Pradip Kumar Choubeyita No.1363/Kol/2025: Assessment Year: 2017-18

reassessment proceedings under section 148 of the Act, which is wrong, illegal and unjustified. 6. For that the order passed by the ld CIT(A) to the extent confirming the additions and rejecting the grounds of appeal is bad in facts and law.” 4. Ground Nos.1,5 & 6 of appeal are general in nature, hence requires no separate adjudication

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. SHREE RAMCHANDRA INGOT INDIA PRIVATE LIMITED, KOLKATA

In the result, all six appeals of the assessee are allowed and all six appeals of the revenue are dismissed

Bench: S/Shriand Rajesh Kumar & Pradip Kumar Choubeyita No.1363/Kol/2025: Assessment Year: 2017-18

reassessment proceedings under section 148 of the Act, which is wrong, illegal and unjustified. 6. For that the order passed by the ld CIT(A) to the extent confirming the additions and rejecting the grounds of appeal is bad in facts and law.” 4. Ground Nos.1,5 & 6 of appeal are general in nature, hence requires no separate adjudication

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. SHREE RAMCHANDRA INGOT INDIA PRIVATE LIMITED, KOLKATA

In the result, all six appeals of the assessee are allowed and all six appeals of the revenue are dismissed

Bench: S/Shriand Rajesh Kumar & Pradip Kumar Choubeyita No.1363/Kol/2025: Assessment Year: 2017-18

reassessment proceedings under section 148 of the Act, which is wrong, illegal and unjustified. 6. For that the order passed by the ld CIT(A) to the extent confirming the additions and rejecting the grounds of appeal is bad in facts and law.” 4. Ground Nos.1,5 & 6 of appeal are general in nature, hence requires no separate adjudication

SHREE RAMCHANDRA INGOT INDIA PVT. LTD.,KOLKATA vs. D.C.I.T., CC-4(3),, KOLKATA

In the result, all six appeals of the assessee are allowed and all six appeals of the revenue are dismissed

Bench: S/Shriand Rajesh Kumar & Pradip Kumar Choubeyita No.1363/Kol/2025: Assessment Year: 2017-18

reassessment proceedings under section 148 of the Act, which is wrong, illegal and unjustified. 6. For that the order passed by the ld CIT(A) to the extent confirming the additions and rejecting the grounds of appeal is bad in facts and law.” 4. Ground Nos.1,5 & 6 of appeal are general in nature, hence requires no separate adjudication

SHREE RAMCHANDRA INGOT INDIA PVT. LTD.,KOLKATA vs. D.C.I.T., CC - 4(3),, KOLKATA

In the result, all six appeals of the assessee are allowed and all six appeals of the revenue are dismissed

Bench: S/Shriand Rajesh Kumar & Pradip Kumar Choubeyita No.1363/Kol/2025: Assessment Year: 2017-18

reassessment proceedings under section 148 of the Act, which is wrong, illegal and unjustified. 6. For that the order passed by the ld CIT(A) to the extent confirming the additions and rejecting the grounds of appeal is bad in facts and law.” 4. Ground Nos.1,5 & 6 of appeal are general in nature, hence requires no separate adjudication

SHREE RAMCHANDRA INGOT INDIA PVT. LTD.,KOLKATA vs. D.C.I.T., CC - 4(3),, KOLKATA

In the result, all six appeals of the assessee are allowed and all six appeals of the revenue are dismissed

Bench: S/Shriand Rajesh Kumar & Pradip Kumar Choubeyita No.1363/Kol/2025: Assessment Year: 2017-18

reassessment proceedings under section 148 of the Act, which is wrong, illegal and unjustified. 6. For that the order passed by the ld CIT(A) to the extent confirming the additions and rejecting the grounds of appeal is bad in facts and law.” 4. Ground Nos.1,5 & 6 of appeal are general in nature, hence requires no separate adjudication

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. SHREE RAMCHANDRA INGOT INDIA PRIVATE LIMITED, KOLKATA

In the result, all six appeals of the assessee are allowed and all six appeals of the revenue are dismissed

Bench: S/Shriand Rajesh Kumar & Pradip Kumar Choubeyita No.1363/Kol/2025: Assessment Year: 2017-18

reassessment proceedings under section 148 of the Act, which is wrong, illegal and unjustified. 6. For that the order passed by the ld CIT(A) to the extent confirming the additions and rejecting the grounds of appeal is bad in facts and law.” 4. Ground Nos.1,5 & 6 of appeal are general in nature, hence requires no separate adjudication

SHREE RAMCHANDRA INGOT INDIA PVT. LTD.,KOLKATA vs. D.C.I.T., CC-4(3),, KOLKATA

In the result, all six appeals of the assessee are allowed and all six appeals of the revenue are dismissed

Bench: S/Shriand Rajesh Kumar & Pradip Kumar Choubeyita No.1363/Kol/2025: Assessment Year: 2017-18

reassessment proceedings under section 148 of the Act, which is wrong, illegal and unjustified. 6. For that the order passed by the ld CIT(A) to the extent confirming the additions and rejecting the grounds of appeal is bad in facts and law.” 4. Ground Nos.1,5 & 6 of appeal are general in nature, hence requires no separate adjudication

ACIT, CC-2(1), KOL, KOLKATA vs. SHALIMAR HATCHERIES LIMITED, KOLKATA

In the result, the appeal of the Revenue is allowed and the Cross Objection filed by the assessee is dismissed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawali.T.A. No. 546/Kol/2023) Assessment Year: 2012-2013 Assistant Commissioner Of Income Tax,....Appellant Central Circle-2(1), Kolkata, Aayakar Bhawan Poorva, 3Rd Floor, 110, Shanti Pally, Kolkata-700107 -Vs.- Shalimar Hatcheries Ltd.,......................Respondent 46C, Chowringhee Road, Park Street, 17Th Floor, Everest House, Kolkata-700071 [Pan: Aadcs6537J] - A N D - C.O. No. 13/Kol/2023 (In I.T.A. No. 546/Kol/2023) Assessment Year: 2012-2013 Shalimar Hatcheries Ltd.,..................Cross Objector 46C, Chowringhee Road, Park Street, Kolkata-700071 [Pan: Aadcs6537J] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Central Circle-2(1), Kolkata, Aayakar Bhawan Poorva, 110, Shanti Pally, Kolkata-700107 Appearances By: Shri P.P. Barman, Addl. Cit, Appeared On Behalf Of The Revenue

reassessment u/s147. Similarly, it has also been held in various judicial pronouncements that the reasons recorded for initiating the proceedings u/s147, have to speak for themselves. The reasons must provide a live link to the formation of the belief that income had escaped assessment. The reasons cannot keep the assessee guessing fur the reasons for initiating the proceedings u/s147. These