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

5\nITC LIMITED; A.Ys.1992-93 & 1993-94\nITA Nos.1343& 1318/KOL/2023, 744 & 745/KOL/2024\nof the substituted section 153 as amended provides that the\nprovisions of this section as they stood immediately before the\ncommencement of the Finance Act, 2016, shall apply to and in relation\nto any order of assessment, reassessment or recomputation made\nbefore the 1st day of June

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

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

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

144C(5) of the Act dated 19.09.2024. Subsequent to these directions the total transfer pricing adjustment made vide order u/s 92CA(3) of the Act dated 25.10.2023 at ₹ 24,79,701/- remained unchanged. Consequently, the assessment order was made by adding the variation of ₹ 24,79,701/- to the income of the assessee. Aggrieved with the assessment order, the assessee

WITZENMANN INDIA PRIVATE LIMITED,KOLKATA vs. D.C.I.T.,CIRCLE-2(2), KOLKATA

In the result, the appeal of the assessee stands allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.1423/Kol/2019 Assessment Year: 2014-15 Witzenmann India Private Limited....……….........…..........….…… Appellant Nsc Building, Plot No.12, Block – Aq, Sector-V, Salt Lake City, Kolkata-91. [Pan: Aaach7739L] Vs. Dcit, Circle-2(2), Kolkata.......….....…….............…...…...…..…..... Respondent Appearances By: Shri Arun Chhabra, Ca, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 16, 2022 Date Of Pronouncing The Order : January 10, 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 Of Assessment Dated Passed By The Assessing Officer U/S 147 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Pursuant To The Transfer Pricing Adjustment. 2. At The Outset, The Ld. Counsel For The Assessee Has Submitted That The Impugned Order Passed By The Assessing Officer Dated 12.04.2019 U/S 143(3)/147 Read With Section 144C & 144C(5) Of The Act Was Wrong & Illegal & Void Ab Initio. The Ld. Counsel Has Invited Our Attention To The Following Sequence Of Events: Particulars In Case Of The Appellant

section 144C & 144C(5) of the Act was wrong and illegal and void ab initio. The ld. counsel has invited our attention to the following sequence of events: Particulars In case of the Appellant I.T.A. No.1423/Kol/2019 Assessment Year: 2014-15 Witzenmann India Private Limited Return of Income u/s 139(1) filed 28 Nov 2014 Notice u/s 143(2)/142

M/S PHILIPS INDIA LIMITED (FORMERLY PHILIPS ELECTRONICS INDIA LTD.,KOLKATA vs. A.C.I.T.,CIRCLE-12(2), KOLKATA

In the result, the appeal of the assessee is allowed and the appeal of the revenue is dismissed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

144C(1) vide order dated 26.02.2015. In our opinion , the reopening of assessment u/s 147 of the Act can only be made if the conditions as envisaged by proviso to Section 147 of 4 I.T.A. Nos. 1285 & 1939/Kol/2019 Assessment Year: 2010-11 M/s Philips India Ltd. the Act are satisfied and not otherwise. In other words, there

DCIT, CIR-12(2), KOLKATA vs. M/S PHILIPS INDIA LTD., KOLKATA

In the result, the appeal of the assessee is allowed and the appeal of the revenue is dismissed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

144C(1) vide order dated 26.02.2015. In our opinion , the reopening of assessment u/s 147 of the Act can only be made if the conditions as envisaged by proviso to Section 147 of 4 I.T.A. Nos. 1285 & 1939/Kol/2019 Assessment Year: 2010-11 M/s Philips India Ltd. the Act are satisfied and not otherwise. In other words, there

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

144C(5) of the Act wherein the Panel upheld the draft assessment order passed by ACIT, Circle-2(1), IT, Kolkata without giving any relief to the assessee. Being aggrieved and dissatisfied with the impugned order, the present appeal has been preferred. 1.3. Ld. Counsel for the assessee challenges the impugned order on various grounds but in course of argument