ACIT, CIRCLE-7(1), KOLKATA, AAYAKAR BHAWAN vs. ITC LIMITED, KOLKATA

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

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

144C(13) of the Act. In our view, therefore, Notification No. 74/2021 is also not applicable to the case at hand. 19. Even if we hold that the Relaxation Act was applicable to petitioner's case as well, still, the extension vide Notification No. 74/2021 is applicable only to cases where the time-limit has already been extended by earlier

ACIT, CIRCLE-7.1, KOLKATA, AAYAKAR BHAWAN vs. ITC LIMITED, KOLKATA

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

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

144C(13) of the Act. In our view, therefore, Notification No. 74/2021 is also not applicable to the case at hand. 19. Even if we hold that the Relaxation Act was applicable to petitioner's case as well, still, the extension vide Notification No. 74/2021 is applicable only to cases where the time-limit has already been extended by earlier

ACIT, CIRCLE-7(1), KOLKATA, KOLKATA vs. HI TECH SYSTEMS AND SERVICES LIMITED, KOLKATA

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

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

144C(13) of the Act. In our view, therefore, Notification No. 74/2021 is also not applicable to the case at hand. 19. Even if we hold that the Relaxation Act was applicable to petitioner's case as well, still, the extension vide Notification No. 74/2021 is applicable only to cases where the time-limit has already been extended by earlier

ITC LIMITED,KOLKATA vs. DCIT, CIR-7(1), KOLKATA. , KOLKATA

In the result, both the appeals of the assessee are allowed and both\nthe appeals of the revenue are dismissed

144C(13) of the Act. In our view, therefore, Notification No.\n74/2021 is also not applicable to the case at hand.\n19. Even if we hold that the Relaxation Act was applicable to petitioner's case as well,\nstill, the extension vide Notification No. 74/2021 is applicable only to cases where the\ntime-limit has already been extended by earlier

M/S. PHILIPS INDIA LIMITED,KOLKATA vs. ACIT, CIRCLE - 12(2), , KOLKATA

In the result, the appeal of the assessee stands allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.2308/Kol/2019 Assessment Year: 2004-05 M/S Philips India Limited.….............……….........…..........….…… Appellant 3Rd Floor, Tower A, Dlf Park, 08 Block Af, Major Arterial Road, New Town (Rajarhat), Kolkata-700156. [Pan: Aabcp9487A] Vs. Acit, Circle-12(2), Kolkata.......….....……........…...…...…..…..... Respondent Appearances By: Shri Ketan K Ved, Ca, Appeared On Behalf Of The Appellant. Shri Amal Kamat, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 17, 2022 Date Of Pronouncing The Order : February 06, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 31.07.2019 Of The Assessing Officer (In Short The ‘A.O’) Passed U/S 92Ca(3) & 144C Read With Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) In Pursuance Of The Directions Of The Dispute Resolution Panel (Drp) Dated 14.05.2019. 2. At The Outset, The Ld. Counsel For The Assessee Has Submitted That The Impugned Assessment Order Framed By The Assessing Officer Is Null & Void Being Framed Without Passing Of Draft Assessment Order. That The Assessing Officer Without Passing Of Draft Assessment Order & Without Giving Opportunity To The Assessee To File Objections Against The Said Draft Assessment Order As Per Provisions To Section 144C Of The

13) Upon receipt of the directions issued under sub-section (5), the Assessing Officer shall, in conformity with the directions, complete, notwithstanding anything to the contrary contained in section 153 51a[or section 153B], the assessment without providing any further opportunity of being heard to the assessee, within one month from the end of the month in which such direction

M/S TEGA INDUSTRIES LTD.,KOLKATA vs. DCIT, CIRCLE-11(1), KOLKATA

In the result, the appeal filed by the assessee is partly allowed

Bench: Shri George Mathan & Shri Rakesh Mishra

13) read with Section 144B of the Act and read with the order passed by the Ld. Transfer Pricing Officer (TPO'), under section 92CA(3) read with section 144C(5) of the Act is bad in law and void ab-initio. 1.2. That the Hon'ble DRP erred in not holding that the order of Ld. TPO and the draft

MADHUBAN DEALERS PVT. LTD. PRESENTLY KNOWN AS MADHUBAN DEALERS LLP,KOLKATA vs. PCIT-13, KOLKATA

In the result, the appeal of assessee allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

reassessment order in the light of the Ld Pr. CIT order dated 27.07.2016, the assessee company got amalgamated with M/s. Nihon Impex Private Ltd. We note that it was the result of the scheme of amalgamation filed before the Hon’ble NCLT which was duly sanctioned vide order dated 21.12.2018. With this amalgamation made effective from 01.04.2017, the assessee company

AMPI FINANCE LIMITED,KOLKATA vs. I.T.O., WARD-4(3), KOLKATA

Appeal of the assessee is allowed

Bench: the Bench that the re-opening of

reassessment proceeding is a valid notice and it this notice is held to be invalid the entire edifice sought to be raised on such foundation has to collapse.” Similarly, the similar issue has been laid down by the Hon’ble High Court in the case of CIT-5 Vs. Jet Airways (I) Ltd. (supra). We ,respectfully following the ratio laid

AJIT KUMAR,BOKARO vs. ACIT, CIRCLE 2(1), IT, KOLKATA, KOLKATA

In the result, the appeal filed by the assessee is allowed

Bench: Sri Rajesh Kumar & Pradip Kumar Choubey

13,18,244/- and Rs. 20,71,632/- added to the total income of the assessee as bogus long-term capital gain received from Alankit Limited and Fireweb India Limited during the relevant previous year. The assessee filed petition u/s 144C r.w.s. 147/148 of the Act before the Dispute Resolution Panel, New Page 2 of 7 I.T.A. No.: 243/KOL/2024 Assessment