SUNITA CHANANI ,KOLKATA vs. ITO, WARD-36(2), KOLKATA

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

Bench: Shri Sonjoy Sarma & Shri Girish Agrawal

reassessment order. 7.1. On the alternate plea taken, to remit the matter back to the Ld. AO in absence of the material, which also ought to have been provided by complying with the specific provision of section 142(3

SUNITA CHANANI ,KOLKATA vs. ITO, WARD-36(2), KOLKATA

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

Bench: Shri Sonjoy Sarma & Shri Girish Agrawal

reassessment order. 7.1. On the alternate plea taken, to remit the matter back to the Ld. AO in absence of the material, which also ought to have been provided by complying with the specific provision of section 142(3

GOAL ORIENTED TRADE LINK PVT. LTD.,,KOLKATA vs. ITO, WARD 2(1),, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: SHRI RAJESH KUMAR, ACCOUNTANT MEMBER SHRI PRADIP KUMAR CHOUBEY (Judicial Member)

reassessment. Section 292 BB of the Act cannot obviate the requirement of complying with a jurisdictional condition. For the Assessing Officer to make an order of assessment under Section 143 (3) of the Act, it is necessary to issue a notice under Section 143 (2) of the Act and in the absence of a notice under Section

RAMESHWAR FINVEST PRIVATE LIMITED,KOLKATA vs. DCIT, CENTRAL CIRCLE 3(3),, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Dcit, Central Circle 3(3) Rameshwar Finvest Private Aaykar Bhawan Poorva, Limited Santil Palli, 110, Eastern 111, Park Street, Kolkata- Metropolitan Bypass, Opposite Vs. 700016, West Bengal Ruby, Kasba, Kolkata-700107, West Bengal (Appellant) (Respondent) Pan No. Aabcr1053N Assessee By : Shri S.K. Tulsiyan & Ms. Puja Somani, Ars Revenue By : Shri Sanat Kumar Raha, Dr Date Of Hearing: 17.11.2025 Date Of Pronouncement: 23.12.2025

reassessment was done by the ld. AO on the ground that consultancy fee of ₹ 1,05,500/- was not included in the return of income and thus has escaped assessment. The ld AR submitted that, however, the ld. AO by applying the explanation 3 to Section 147 of the Act called upon the assessee to explain the share capital/ share

ACIT, CIRCLE - 25, KOLKATA , KOLKATA vs. M/S. MALA ROY & OTHERS, KOLKATA

In the result, this appeal of the In the result, this appeal of the revenue is dismissed

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey) Assessment Year: 2008-09 & Assessment Year: 2012-13

142 or section 148. This is clearly not the case here because the petitione the case here because the petitioner did file the return. Since there was no failure to r did file the return. Since there was no failure to make the return, the escapement of income cannot be attributed to such failure. This make the return, the escapement

ACIT, CIRCLE - 25, KOLKATA , KOLKATA vs. M/S. MALA ROY & OTHERS, KOLKATA

In the result, this appeal of the In the result, this appeal of the revenue is dismissed

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey) Assessment Year: 2008-09 & Assessment Year: 2012-13

142 or section 148. This is clearly not the case here because the petitione the case here because the petitioner did file the return. Since there was no failure to r did file the return. Since there was no failure to make the return, the escapement of income cannot be attributed to such failure. This make the return, the escapement

ARISTOCRAT RESIDENCES LLP ,KOLKATA vs. INCOME TAX OFFICER WARD 34 (1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Sonjoy Sarma, Jm Income Tax Officer, Ward Aristocrat Residences Llp 34(1) 2 Oswal Chambers Church Lane Aaykar Bhavan, Bbd Bagh, Kolkata-700001 Vs. Kolkata-700107 West Bengal West Bengal (Appellant) (Respondent) Pan No. Aavfa9997R Assessee By : Dr. Kapil Goel, Ar Revenue By : H. Robindro Singh, Dr Date Of Hearing: 06.02.2025 Date Of Pronouncement : 01.04.2025

142 has been issued to him, or (b) a return of income has been furnished by such other person but no notice under sub-section (2) of section 143 has been served and limitation of serving the notice under sub-section (2) of section 143 has expired, or (c) assessment or reassessment, if any, has been made, before the date

MANAKSIA LIMITED,KOLKATA vs. DCIT, CIRCLE 4(1), , KOLKATA

reassessment. Section 292 BB of the Act cannot\nobviate the requirement of complying with a jurisdictional condition. For the Assessing\nOfficer to make an order of assessment under Section 143 (3) of the Act. it is\nnecessary to issue a notice under Section 143 (2) of the Act and in the absence of a\nnotice under Section

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)

142 has been issued to him, or (b) a return of income has been furnished by such other person but no notice under sub-section (2) of section 143 has been served and limita- tion of serving the notice under sub-section (2) of section 143 has ex- pired, or 11 Suresh Kumar Poddar (c) assessment or reassessment

H,L.G.MEMORIAL HOSPITAL (P) LTD.,ASANSOL vs. A.C.I.T., CIRCLE-2, ASANSOL

In the result appeal of the assessee is allowed

Bench: Sri J. Sudhakar Reddy, Hon’Ble) Assessment Years: 2007-08 Hlg Memorial Hospital Pvt. Ltd….………........................................................……………….…......Appellant Sen Railegh Road Asansol – 713 305 West Bengal [Pan : Aabch 3927 P] Vs. Asstt. Commissioner Of Income Tax, Circle-2, Asansol……………….............….……....…....Respondent Appearances By: Shri K.M. Roy, Fca, Appeared On Behalf Of The Assessee. Shri Jayanta Khanra, Jcit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 27Th, 2020 Date Of Pronouncing The Order : March 13Th , 2020 Order Per J. Sudhakar Reddy, Am :-

reassessment, after the expiry of period of four years, is not fulfilled in the present case.” 4.5. The Hon’ble Bombay High Court i 4.5. The Hon’ble Bombay High Court in the case of Sound Casting (P) Ltd. v. Dy. CIT reported in 250 CTR 119 n the case of Sound Casting (P) Ltd. v. Dy. CIT reported

M/S KHUSHI COMMOTRADE PVT. LTD.,KOLKATA vs. PCIT-2, KOLKATA

In the result, the appeal of the assessee is allowed

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

142, sub-sections (2) and (3) of Section 143.” 6. The question, however, remains whether Section 292BB which came into effect on and from 01.04.2008 has effected any change. Said Section 292BB is to the following effect:- “292BB. Notice deemed to be valid in certain circumstances. – Where an assessee has appeared in any proceeding or cooperated in any inquiry relating

DIPAK KUMAR DASBHOWMIK,PASCHIM MIDNAPORE vs. I.T.O., WARD - 38(1), MIDNAPORE , PASCHIM MIDNAPORE

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap

3) of section 143 or this section has been made for the relevant assessment year, no action shall be taken under this section after the expiry of four years from the end of the relevant assessment year, unless any income chargeable to tax has escaped assessment for such assessment year by reason of the failure on the part

AERO DEALCOMM PVT. LTD.,KOLKATA vs. I.T.O.,WARD-4(3), KOLKATA

Bench: Sri J. Sudhakar Reddy, Hon’Ble) Assessment Years: 2009-10 Aereo Dealcomm Pvt. Ltd………….………...........................................................……………….…......Appellant C/O. S.N. Ghosh & Associates, Advocates 2, Garstin Place 2Nd Floor Suite No. 203 Off Hare Street Kolkata West Bengal – 700 001 [Pan : Aacca 5934 G] Vs. Income Tax Officer, Ward-4(3), Kolkata…………………..……………….............….……....…....Respondent Appearances By: Shri Somnath Ghosh, Advocate & Shri M. Jhawar, Fca, Appeared On Behalf Of The Assessee. Shri Jayanta Khanra, Jcit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 26Th, 2020 Date Of Pronouncing The Order : May 29Th, 2020 Order Per J. Sudhakar Reddy, Am :-

reassessment order is bad in law. 12. On the issue of jurisdiction, I find that it is admitted fact that the ITO, Ward On the issue of jurisdiction, I find that it is admitted fact that the ITO, Ward On the issue of jurisdiction, I find that it is admitted fact that the ITO, Ward-4(3), Kolkata, has jurisdiction

INDIAN WIRE AND STEEL PRODUCTS ,KOLKATA vs. A.C.I.T.,CIRCLE-44, KOLKATA

In the result, the appeal of the assessee is allow

Bench: Sri J. Sudhakar Reddy) Assessment Year: 2010-11 Indian Wire & Steel Products.....…………........................................................……………….…......Appellant 2Nd Floor 113A, Manohar Das Katra Kolkata – 700 007 [Pan : Aaafi 7079 M] Vs. Asstt. Commissioner Of Income Tax, Circle-44, Kolkata………………………………….…....Respondent Appearances By: Shri Subash Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri Jayanta Khanra, Jcit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : December 10Th, 2019 Date Of Pronouncing The Order : January 10Th, 2020 Order Per J. Sudhakar Reddy, Am :-

reassessment, after the expiry of period of four years, is not fulfilled in the present case.” iry of period of four years, is not fulfilled in the present case.” 4.5. The Hon’ble Bombay High Court in the case of Sound Casting (P) Ltd. v. Dy. CIT reported in 250 CTR 4.5. The Hon’ble Bombay High Court

D.C.I.T., CIRCLE-10, KOLKATA, KOLKATA vs. M/S VATICAN COMMERCIAL LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

142(1) or 148. When both these conditions should be satisfied to take action under sec. 147- Both these conditions should be satisfied if the original assessment was made under section 143(3)/147 and the Assessing Officer wants to take action after the expiry of 4 years from the end of the assessment year [proviso to section 147]. When

MAITHAN CERAMIC LTD.,,KOLKATA vs. ACIT, CIRCLE 7(1),, KOLKATA

In the result, appeal of the assessee is dismissed

142 or section 148 or to disclose fully and truly all\nmaterial facts necessary for his assessment, for that assessment\nyear.\nAs per the unamended provision of Section 147 (applicable for the\nrelevant assessment year), where an assessment has been\ncompleted under Section 143(3), no reassessment

PURULIA CENTRAL CO-OPERATIVE BANK LTD. ,PURULIA vs. ACIT, CIR. 3, PURULIA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumar

142(1) or 148 or to disclose fully and truly all material facts necessary for assessment for that assessment year. In other words, if an assessee fails to disclose all material facts fully and truly only, then the assessment could be reopened by issuance of a notice under section 148 after the expiry of four years where earlier assessment

DEPUTY COMMISSIONER OF INCOME TAX, KOLKATA vs. SHAKAMBHARI ISPAT & POWER LIMITED, KOLKATA

3 above, such notice\nu/s 148 was on the basis of searches conducted u/s 132(1) on\n'Kasera' & 'Majee Group' on 30.11.2018 & 5.11.2020\nrespectively (searches were prior to 1.4.2021) and as such the\namended law u/s 147 and sec. 148 with effect from 1.4.2021\ncould not have been applied for issue of notice u/s 148 in such\nrespect