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)

reassessment under Sections 139, 147, 148, 149, 151 & 153. 28. The language of explanation 2 to new Section 148 is akin to Section 153A and Section 153C, Corollary being that after seizing of operation- alperiod of Section 153A to 153D, the cases being dealt thereunder were circumscribed in the scope of newly substituted Section 148." We are in complete agreement

ACITCC-3(2), KOLKATA vs. SMT. SAVITRI DEVI AGARWAL, BILASPUR

In the result, both the appeals of the Revenue are dismissed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

4) AND NOT QUA THE ASSESSEE WHOSE PREMISES WAS SEARCHED U/S 132(1). 7. Relevant extracts from section 153C : Assessment of income of any other person. 153C. 153C. (1)] [Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that,— (a) any money, bullion, jewellery or other

ACIT CC-3(2) , KOLKATA vs. SMT. KALAWATI DEVI AGARWAL, BILASPUR

In the result, both the appeals of the Revenue are dismissed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawal

4) AND NOT QUA THE ASSESSEE WHOSE PREMISES WAS SEARCHED U/S 132(1). 7. Relevant extracts from section 153C : Assessment of income of any other person. 153C. 153C. (1)] [Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that,— (a) any money, bullion, jewellery or other

ACIT CC-3(2),, KOLKATA vs. SRI ARJUN LAL AGARWAL , KOLKATA

In the result, both the appeals of the Revenue are dismissed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawal

4) AND NOT QUA THE ASSESSEE WHOSE PREMISES WAS SEARCHED U/S 132(1). 7. Relevant extracts from section 153C : Assessment of income of any other person. 153C. 153C. (1)] [Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that,— (a) any money, bullion, jewellery or other

DCIT, CC-3(3), KOLKATA, KOLKATA vs. AMICUS REAL ESTATE PVT. LTD., KOLKATA

In the result, appeal of the revenue is dismissed

Bench: SHRI SANJAY GARG, HON’BLE (Judicial Member), DR. MANISH BORAD, HON’BLE (Accountant Member)

139; b) assess or reassess the total income of six assessment years immediately preceding the assessment year relevant to the previous year in which such search is conducted or requisition is made: Provided that the Assessing Officer shall assess or reassess the total income in respect of each assessment year falling within such six assessment years: Provided further that assessment

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’).

139(4) was pending. In this case, the return was filed and the same is pending, which means that the proceeding is still pending. In such a situation, the Revenue could not have issued notice for the purpose of reopening under section 147 of the Act. In the case of Trustees of H. E. H. The Nizam's Supplemental Family

DCIT,CC-1(3),KOLKATA, KOLKATA vs. SUMANGAL DEALMARK PVT. LTD., KOLKATA

In the result, all the captioned appeals of the revenue are dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

139(1) for AYrs. 2014-15 to AYrs. 2020-21. Besides, explanation for all the seized documents and data contained on hard disk and pen drive have also been furnished during the assessment proceedings. After considering all these explanations, additional income worked out by M/s. S.M. Niryat Pvt. Ltd. has been accepted. This implies that the information regarding cash generation

DCIT, CC-1(3), KOLKATA vs. PRAFUL ENTERPRISES PVT. LTD., KOLKATA

In the result, all the captioned appeals of the revenue are dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

139(1) for AYrs. 2014-15 to AYrs. 2020-21. Besides, explanation for all the seized documents and data contained on hard disk and pen drive have also been furnished during the assessment proceedings. After considering all these explanations, additional income worked out by M/s. S.M. Niryat Pvt. Ltd. has been accepted. This implies that the information regarding cash generation

DCIT,CC-1(3),KOLKATA, KOLKATA vs. SAMRIDDHI METALS PVT. LTD., KOLKATA

In the result, all the captioned appeals of the revenue are dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

139(1) for AYrs. 2014-15 to AYrs. 2020-21. Besides, explanation for all the seized documents and data contained on hard disk and pen drive have also been furnished during the assessment proceedings. After considering all these explanations, additional income worked out by M/s. S.M. Niryat Pvt. Ltd. has been accepted. This implies that the information regarding cash generation

DCIT,CC-1(3),KOLKATA, KOLKATA vs. SAMRIDDHI METALS PVT. LTD., KOLKATA

In the result, all the captioned appeals of the revenue are dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

139(1) for AYrs. 2014-15 to AYrs. 2020-21. Besides, explanation for all the seized documents and data contained on hard disk and pen drive have also been furnished during the assessment proceedings. After considering all these explanations, additional income worked out by M/s. S.M. Niryat Pvt. Ltd. has been accepted. This implies that the information regarding cash generation

DCIT,CC-1(3),KOLKATA, KOLKATA vs. SUMANGAL DEALMARK PVT. LTD., KOLKATA

In the result, all the captioned appeals of the revenue are dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

139(1) for AYrs. 2014-15 to AYrs. 2020-21. Besides, explanation for all the seized documents and data contained on hard disk and pen drive have also been furnished during the assessment proceedings. After considering all these explanations, additional income worked out by M/s. S.M. Niryat Pvt. Ltd. has been accepted. This implies that the information regarding cash generation

DCIT,CC-1(3),KOLKATA, KOLKATA vs. SUMANGAL DEALMARK PVT. LTD., KOLKATA

In the result, all the captioned appeals of the revenue are dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

139(1) for AYrs. 2014-15 to AYrs. 2020-21. Besides, explanation for all the seized documents and data contained on hard disk and pen drive have also been furnished during the assessment proceedings. After considering all these explanations, additional income worked out by M/s. S.M. Niryat Pvt. Ltd. has been accepted. This implies that the information regarding cash generation

DCIT, CC-1(3), KOLKATA, KOLKATA vs. SAMRIDDHI METALS PVT. LTD., KOLKATA

In the result, all the captioned appeals of the revenue are dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

139(1) for AYrs. 2014-15 to AYrs. 2020-21. Besides, explanation for all the seized documents and data contained on hard disk and pen drive have also been furnished during the assessment proceedings. After considering all these explanations, additional income worked out by M/s. S.M. Niryat Pvt. Ltd. has been accepted. This implies that the information regarding cash generation

DCIT,CC-1(3),KOLKATA, KOLKATA vs. SAMRIDDHI METALS PVT. LTD., KOLKATA

In the result, all the captioned appeals of the revenue are dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

139(1) for AYrs. 2014-15 to AYrs. 2020-21. Besides, explanation for all the seized documents and data contained on hard disk and pen drive have also been furnished during the assessment proceedings. After considering all these explanations, additional income worked out by M/s. S.M. Niryat Pvt. Ltd. has been accepted. This implies that the information regarding cash generation

DCIT,CC-1(3),KOLKATA, KOLKATA vs. SAMRIDDHI METALS PVT. LTD., KOLKATA

In the result, all the captioned appeals of the revenue are dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

139(1) for AYrs. 2014-15 to AYrs. 2020-21. Besides, explanation for all the seized documents and data contained on hard disk and pen drive have also been furnished during the assessment proceedings. After considering all these explanations, additional income worked out by M/s. S.M. Niryat Pvt. Ltd. has been accepted. This implies that the information regarding cash generation

DCIT, CC-1(3), KOLKATA, KOLKATA vs. SUMANGAL DEALMARK PVT. LTD., KOLKATA

In the result, all the captioned appeals of the revenue are dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

139(1) for AYrs. 2014-15 to AYrs. 2020-21. Besides, explanation for all the seized documents and data contained on hard disk and pen drive have also been furnished during the assessment proceedings. After considering all these explanations, additional income worked out by M/s. S.M. Niryat Pvt. Ltd. has been accepted. This implies that the information regarding cash generation

DCIT, CC-1(3), KOLKATA, KOLKATA vs. SUMANGAL DEALMARK PVT. LTD., KOLKATA

In the result, all the captioned appeals of the revenue are dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

139(1) for AYrs. 2014-15 to AYrs. 2020-21. Besides, explanation for all the seized documents and data contained on hard disk and pen drive have also been furnished during the assessment proceedings. After considering all these explanations, additional income worked out by M/s. S.M. Niryat Pvt. Ltd. has been accepted. This implies that the information regarding cash generation

DCIT, CC-1(3), KOLKATA, KOLKATA vs. DISHA REALCON PVT. LTD., KOLKATA

In the result, all the captioned appeals of the revenue are dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

139(1) for AYrs. 2014-15 to AYrs. 2020-21. Besides, explanation for all the seized documents and data contained on hard disk and pen drive have also been furnished during the assessment proceedings. After considering all these explanations, additional income worked out by M/s. S.M. Niryat Pvt. Ltd. has been accepted. This implies that the information regarding cash generation

DCIT,CC-1(3),KOLKATA, KOLKATA vs. DISHA REALCON PVT. LTD., KOLKATA

In the result, all the captioned appeals of the revenue are dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

139(1) for AYrs. 2014-15 to AYrs. 2020-21. Besides, explanation for all the seized documents and data contained on hard disk and pen drive have also been furnished during the assessment proceedings. After considering all these explanations, additional income worked out by M/s. S.M. Niryat Pvt. Ltd. has been accepted. This implies that the information regarding cash generation