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

172. All these three Hon’ble High Courts are unanimous on the point that expression in section 147 would be construed in a way that if addition on a point for which assessment is being reopened is not made, then, no other addition would be made. The ld. Counsel for the assessee further contended that the ld. Commissioner in this

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

172 Taxman 170 (Del.) (Mag). In that case also, the notice under section 148 of the Act was served on March 16, 2001 after the period mentioned in the proviso and before the amendment took effect. Therefore, the ld. AR prayed that the Assessee's appeal may be allowed by holding that the reassessment

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

172 Taxman 170 (Del.) (Mag). In that case also, the notice under section 148 of the Act was served on March 16, 2001 after the period mentioned in the proviso and before the amendment took effect. Therefore, the ld. AR prayed that the Assessee's appeal may be allowed by holding that the reassessment

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

172 Taxman 170 (Del.) (Mag). In that case also, the notice under section 148 of the Act was served on March 16, 2001 after the period mentioned in the proviso and before the amendment took effect. Therefore, the ld. AR prayed that the Assessee's appeal may be allowed by holding that the reassessment

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

172 Taxman 170 (Del.) (Mag). In that case also, the notice under section 148 of the Act was served on March 16, 2001 after the period mentioned in the proviso and before the amendment took effect. Therefore, the ld. AR prayed that the Assessee's appeal may be allowed by holding that the reassessment

DCIT, CC-1(4), KOLKATA, KOLKATA vs. KKALPANA INDUSTRIES INDIA LIMITED, KOLKATA

In the result, appeal of the revenue is dismissed

Bench: Shri George Mathan & Shri Sanjay Awasthiआयकर अपील सं/Ita No.452/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2016-2017) Dcit, Cc-1(4), Kolkata Vs Kkalpana Industries India Ltd. 2B, Pretoria Street, Middleton Row, Kolkata-700071 Pan No. :Aabck 2239 D (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Shri S.K.Tulsiyan, Advocate & Ms. Puja Somani, Ca रधजस्व की ओर से /Revenue By : Shri P.N.Barnwal, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 24/06/2025 घोषणा की तारीख/Date Of Pronouncement : 25/06/2025 आदेश / O R D E R Per George Mathan, Jm : This Is An Appeal Filed By The Revenue Against The Order Dated 13.11.2024, Passed By The Ld. Cit(A), Kolkata-20, Passed In Din & Order No.Itba/Apl/S/250/2024-25/1070338584(1), For The Assessment Year 2016-2017. 2. Shri P.N.Barnwal, Ld.Cit-Dr Appeared On Behalf Of The Revenue & Shri S.K.Tulsiyan, Advocate With Ms. Puja Somani, Ca, Appeared On Behalf Of The Assessee. 3. A Perusal Of The Appeal Record, We Find That The Appeal Of The Revenue Has Been Filed Belatedly By 28 Days. In This Regard, The Revenue Has Filed An Application For Condonation Of Delay Stating Sufficient Reasons Which Are Plausible & Not Found To Be False. Thus, The Delay Of 28 Days In Filing The Appeal Is Condoned & Appeal Is Admitted For Hearing.

reassessment or re-computation shall be made under section-147 after the expiry of nine months from the end of the financial year in which the notice under section-148 was served: Provided that where the notice under section-148 is served on or after the 1st day of April, 2019, the provisions of this sub-section shall have effect

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

172 Taxman 170 (Del.) (Mag).\nIn that case also, the notice under section 148 of the Act was served\non March 16, 2001 after the period mentioned in the proviso and\nbefore the amendment took effect. Therefore, the Id. AR prayed that\nthe Assessee's appeal may be allowed by holding that the\nreassessment order was passed after the expiry

GAUTAM CHAND KANKARIA,KOLKATA vs. PCIT-9, KOLKATA

In the result, the appeal of the assessee is allowed

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

172 (Guj.) and Hon’ble Calcutta High Court in the case of Infinity Infotech, ITA No. 60 of 2014 has examined the scope of section 147 of the Income Tax Act and all the Hon’ble four High Courts are unanimous in their conclusions to propound that expression “AND ALSO” employed in section 147 of the Income Tax Act would

BIMAL KUMAR DROLIA,HOWRAH vs. ITO, WARD-43(2), KOLKATA

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

Bench: Sri Pradip Kumar Choubey & Sri Rakesh Mishra

section 148(1) is that reassessment shall not be made until there has been service. The requirement of issue of notice is satisfied when a notice is actually issued. In the present case, admittedly, the notice was issued within the prescribed period of limitation as 31-3-1970 was the last day of that period. Service under

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)

reassess' to complete assessment proceedings. (vi) Insofar as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each AY on the basis of the findings of the search and any other material existing or brought on the record

DCIT,CIRCLE-6, KOLKATA, KOLKATA vs. UCO BANK, KOLKATA

In the result, the appeal of the assessee in ITA No

Bench: Shri M. Balaganesh, Am & Shri S.S. Viswanethra Ravi, Jm]

reassess under section 147 or pass an order enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessee under section 154, for any assessment year beginning on or before the 1st day of April, 2001. 3.3.2. We are aware that the computation mechanism provided in Rule 8D would sometimes result in absurdity

UCO BANK,KOLKATA vs. DCIT, CIRCLE -6, KOLKATA, KOLKATA

In the result, the appeal of the assessee in ITA No

Bench: Shri M. Balaganesh, Am & Shri S.S. Viswanethra Ravi, Jm]

reassess under section 147 or pass an order enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessee under section 154, for any assessment year beginning on or before the 1st day of April, 2001. 3.3.2. We are aware that the computation mechanism provided in Rule 8D would sometimes result in absurdity

SMT. NITA SETHIA ,KOLKATA vs. DCIT, CENTRAL CIRCLE - 3(3), , KOLKATA

Appeal is allowed

Bench: Shri S.S.Godara & Shri, M. Balaganeshassessment Year :2012-13 Smt. Nita Sethia V/S. Dcit, Central Circle- 5, Janki Shah Road, 1St 3(3), 110, Shanti Pally, Floor, Hastings, Aayakar Bhavan, Kolkata-700022 Poorva, E.M. Bye Pass, [Pan No.Ajwps 8335 H] Nr. Ruby Hospital, Kolkata-107 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri S.M. Surana, Advocate अपीलाथ" क" ओर से/By Appellant Shri P.K. Srihari, Cit-Dr ""यथ" क" ओर से/By Respondent 12-11-2018 सुनवाई क" तार"ख/Date Of Hearing 30-11-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For The Assessment Year 2012-13 Arises Against Commissioner Of Income Tax (Appeals)-21, Kolkata’S Order Dated 31.08.2018 Passed In Case No.930/Acit,Cc-3(3)/Cit(A)-21/Kol/2015-16, Involving Proceedings U/S 153A R.W.S.143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. The Assessee Raises Two Substantive Grounds In Her Instant Appeal. Her Former Legal Grievance Challenges Validity Of Sec. 153A Proceedings In Absence Of Any Incriminating Material Found Or Seized During The Course Of Search. This Follows Her Latter Substantive Ground On Merits That The Assessing Officer & The Cit(A) Have Erred In Law As Well As On Facts In Treating Long

reassess' to complete assessment proceedings. (vi) Insofar as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each AY on the basis of the findings of the search and any other material existing or brought on the record

DCIT, CIR-5(1), KOLKATA, KOLKATA vs. M/S. COAL INDIA LTD., KOLKATA

In the result, the appeal of revenue is dismissed and the cross objection of 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]

section 148 of the Act 2 ITA No.638/Kol/2017 & CO .38/Kol/2017 Coal India Ltd. AY 2008-09 notice for reopening. According to Ld. Counsel, since this legal issue which is being raised if decided in favour of the assessee then the merits of the appeal challenged by the revenue before us would become academic in nature. Therefore, taking into consideration

SRI UDIT KUMAR DUGAR ,KOLKATA vs. ITO, WARD - 36(4), KOLKATA , KOLKATA

In the result, the appeal of assessee is allowed

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

reassessments orders for A.Y.2007-08 and 2008-09 dated 30.12.2011 were invalid. Consequently order passed u/s 263 of the Act dated 21.03.2014 for A.Y.2007- 08 and 2008-09 are also held to be invalid and quashed. Thus the appeals being ITA No.765 and 766/Kol/2014 are allowed.” 10. The Hon’ble Delhi High Court in the case of Commissioner of Income

BIMLA DEVI AGRAWAL,KOLKATA vs. A.C.I.T./D.C.I.T., CIRCLE - 34, KOLKATA, KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

reassessment without any specific mention of any sections. The Coordinate Bench in the case of Smt. Rashidaben Taher Morawala (supra), with due respect, inadvertently omitted to consider the amended provisions which were relevant for AY 2017-18 and which include reference to the Valuation Officer to estimate the value including fair market value of any asset, property or investment

GARUD CREDIT & HOLDING PVT LTD,KOLKATA vs. I.T.O WD - 9(2),KOLKATA, KOLKATA

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

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No. 1270/Kol/2013 Assessment Year: 2009-2010 Garud Credit & Holding Pvt. Limited,.........Appellant D.J. Shah & Co., 2, Elgin Road, Kolkata-700020 [Pan: Aaacg9791P] -Vs.- Income Tax Officer,.................................Respondent Ward-9(2), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Veekaas S. Sharma, Ca, Appeared On Behalf Of The Assessee Shri P.P. Barman, Addl. Cit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : February 06, 2023 Date Of Pronouncing The Order : May 01, 2023 O R D E R

reassessment proceedings on the issue which has been referred to by the ld. CIT in the impugned order and since the ld. Assessing Officer has taken a permissible view in law, therefore, ld. CIT erred in assuming jurisdiction under section 263 of the Act. The assesese placed reliance on plethora of judgments and the same are referred below:- S.No. Title

BABITA DEVI KANORIA,RANIGANJ vs. I.T.O.,WARD-3(1), ASANSOL

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawali.T.A. No. 54/Kol/2020 Assessment Year: 2010-2011 Babita Devi Kajoria,..............................Appellant W/O. Unesh Kr. Kajoria, Jagannath Garden, Nsb Road, P.O. Raniganj-713347, Burdwan, West Bengal [Pan: Anfpk0759G] -Vs.- Income Tax Officer,..............................Respondent Ward-3(1), Asansol, Income Tax Department, Parmar Building, 54, G.T. Road, Upper Chelidanga, P.O. Asansol-713305, Paschim Burdwan (Wb) Appearances By: Shri Aayush Gupta, Ca, Appeared On Behalf Of The Assessee Smt. Ranu Biswas, Addl. Cit (D.R.), Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : December 15, 2022 Date Of Pronouncing The Order : December 22, 2022 O R D E R Per Rajpal Yadav, Vice-(Kz):- The Assessee Is In Appeal Before The Tribunal Against The Order Of Ld. Commissioner Of Income Tax (Appeals), Asansol Dated 18.11.2019 Passed For A.Y. 2010-11. 1 Assessment Year: 2010-2011 Babita Devi Kajoria, Raniganj 2. The Assessee Has Taken Three Grounds Of Appeal, But Her Grievances Revolve Around A Single Issue, Namely Ld. Cit(Appeals) Has Erred In Confirming The Penalty Of Rs.3,09,766/-, Which Was Imposed By The Ld. Assessing Officer Under Section 271(1)(C).

172 propounded unanimously that unless an addition is being made in a reassessment order on an item for which assessment was reopened, no other item can be added. In other words, in the present case, assessment was reopened for claiming excess loss of Rs.4,64,800/-, whereas addition of Rs.11,53,930/- has been added as a 6 Assessment Year

JERMEL'S ACCADEMY,SILIGURI vs. I.T.O., WARD - 1(4), , SILIGURI

In the result, the appeal filed by the assessee is allowed as per the directions mentioned above

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

172 ITD 640 (Chandigarh - Trib.) [20-08- 2018] ii) Sansthan Shree Eknath Maharaj Vishwastha Mandal vs. Income- tax Officer (Exemption) [2022] 138 taxmann.com 450 (Pune - Trib.)/[2022] 195 ITD 46 (Pune - Trib.) [03-02-2022] iii) Sree Sree Ramkrishna Samity vs. Deputy Commissioner of Income-tax, Cir-2, Siliguri [2015] 64 taxmann.com 330 (Kolkata - Trib