M/S. CLIFF TREXIM PVT. LTD., ,KOLKATA vs. DCIT, CENTRAL CIRCLE - 3(2), KOLKATA , KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri A. T Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं/.Ita No.2519/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Garg Brothers Pvt. Ltd. Vs. Dcit, Central Circle- 3(2), Kolkata 57, Burtolla Street, Aayakar Bhawan Poorva, 110, Kolkata – 700 007. Shantipally, Kolkata – 700 107. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aaacg 9775 F (Assessee) .. (Revenue) & आयकरअपीलसं/.Ita No.2520/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Cliff Treximpvt. Ltd. Vs. Dcit, Central Circle- 3(2), Kolkata 57, Burtolla Street, Aayakar Bhawan Poorva, 110, Kolkata – 700 007. Shantipally, Kolkata – 700 107. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aabcc 0961 E (Assessee) .. (Revenue) & आयकरअपीलसं/.Ita No.2521/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Span Foundation Pvt. Vs. Dcit, Central Circle- Ltd. 3(2), Kolkata Aayakar Bhawan Poorva, 110, 57, Burtolla Street, Shantipally, Kolkata – 700 107. Kolkata – 700 007. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aaecs 4605 C (Assessee) .. (Revenue)

reassessment proceedings and, on the other hand, the entries found recorded in the books were considered as genuine and the transaction was held to be genuine. 26. According to him, it is evident from the records that no corroborative evidence has been found during course of search and therefore mere statement without the corroborative evidence cannot be made basis

M/S. SPAN FOUNDATION PVT. LTD.,,KOLKATA vs. DCIT, CENTRAL CIRCLE - 3(2), KOLKATA , KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri A. T Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं/.Ita No.2519/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Garg Brothers Pvt. Ltd. Vs. Dcit, Central Circle- 3(2), Kolkata 57, Burtolla Street, Aayakar Bhawan Poorva, 110, Kolkata – 700 007. Shantipally, Kolkata – 700 107. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aaacg 9775 F (Assessee) .. (Revenue) & आयकरअपीलसं/.Ita No.2520/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Cliff Treximpvt. Ltd. Vs. Dcit, Central Circle- 3(2), Kolkata 57, Burtolla Street, Aayakar Bhawan Poorva, 110, Kolkata – 700 007. Shantipally, Kolkata – 700 107. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aabcc 0961 E (Assessee) .. (Revenue) & आयकरअपीलसं/.Ita No.2521/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Span Foundation Pvt. Vs. Dcit, Central Circle- Ltd. 3(2), Kolkata Aayakar Bhawan Poorva, 110, 57, Burtolla Street, Shantipally, Kolkata – 700 107. Kolkata – 700 007. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aaecs 4605 C (Assessee) .. (Revenue)

reassessment proceedings and, on the other hand, the entries found recorded in the books were considered as genuine and the transaction was held to be genuine. 26. According to him, it is evident from the records that no corroborative evidence has been found during course of search and therefore mere statement without the corroborative evidence cannot be made basis

M/S. GARG BROTHERS PVT. LTD.,,KOLKATA vs. DCIT, CENTRAL CIRCLE - 3(2), KOLKATA , KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri A. T Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं/.Ita No.2519/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Garg Brothers Pvt. Ltd. Vs. Dcit, Central Circle- 3(2), Kolkata 57, Burtolla Street, Aayakar Bhawan Poorva, 110, Kolkata – 700 007. Shantipally, Kolkata – 700 107. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aaacg 9775 F (Assessee) .. (Revenue) & आयकरअपीलसं/.Ita No.2520/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Cliff Treximpvt. Ltd. Vs. Dcit, Central Circle- 3(2), Kolkata 57, Burtolla Street, Aayakar Bhawan Poorva, 110, Kolkata – 700 007. Shantipally, Kolkata – 700 107. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aabcc 0961 E (Assessee) .. (Revenue) & आयकरअपीलसं/.Ita No.2521/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Span Foundation Pvt. Vs. Dcit, Central Circle- Ltd. 3(2), Kolkata Aayakar Bhawan Poorva, 110, 57, Burtolla Street, Shantipally, Kolkata – 700 107. Kolkata – 700 007. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aaecs 4605 C (Assessee) .. (Revenue)

reassessment proceedings and, on the other hand, the entries found recorded in the books were considered as genuine and the transaction was held to be genuine. 26. According to him, it is evident from the records that no corroborative evidence has been found during course of search and therefore mere statement without the corroborative evidence cannot be made basis

ITO, WARD - 28(1), KOLKATA , KOLKATA vs. SHRI DIPTENDRA NATH GANGULY, KOLKATA

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

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2413/Kol/2016 ("नधा"रणवष" / Assessment Year: 2008-09) Ito, Ward-28(1), Kolkata Vs. Shri Diptendra Nath Ganguly M/S. Techcreate India, 110/18A, Aayakar Bhawan Dakhin, 2, Gariahat Selimpur Road, Kolkata – 700031. Road (South), Kol-68. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Afdpg 7982 D (Appellant) .. (Respondent)

reassessment proceedings, the Assessing Officer received information u/s. 133(6) of the I.T. Act from Shri Shopujan Singh, one of the Labour Sardars, who confirmed that he had raised bill of Rs. 61,836/- and had a closing balance of Rs.57,636/ as on 31.03.2008. Therefore, the Assessing Officer noted that there must be some written or verbal agreement between

SRI GOPINATH GHORAI,PURBA MEDINIPUR vs. ACIT, CIR-27, HALDIA, HALDIA

In the result the appeal of the assessee is dismissed

Bench: Hon’Ble Shri P.M.Jagtap, Am & Sri S.S.Viswanethra Ravi, Jm ] I.T.A No. 01/Kol/2016 Assessment Year : 2005-06

194 C. He therefore invoking the provision of section 40(a)(ia) of the Act and made disallowance of Rs.1,12,73,615/- on account of tanker hire charges in the assessment completed u/s 143(3) vide order dated 2 Gopinath Ghorai A.Yr.2005-06 18.12.2007 whereby he assessed the total income at Rs.1,32,96,153/-. Against the said

D.C.I.T CIR - 3 ,KOLKATA, KOLKATA vs. M/S ABHIYAN CARGO PVT LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri P. M. Jagtap, A.M. & Shri S.S.Viswanethra Ravi, J.M.)

reassessment proceedings. The CIT-A also found the same as all the details available before the AO. The CIT-A further examined lorry hire payment statements of all five branches wherein it contained details of lorries and date wise payment. It is pertinent to mention the very lorry hire statement was available before the AO as it was submitted through

SHREE RAMCHANDRA INGOT INDIA PVT. LTD.,KOLKATA vs. D.C.I.T., CC-4(3),, KOLKATA

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

Bench: S/Shriand Rajesh Kumar & Pradip Kumar Choubeyita No.1363/Kol/2025: Assessment Year: 2017-18

reassessment proceedings under section 148 of the Act, which is wrong, illegal and unjustified. 6. For that the order passed by the ld CIT(A) to the extent confirming the additions and rejecting the grounds of appeal is bad in facts and law.” 4. Ground Nos.1,5 & 6 of appeal are general in nature, hence requires no separate adjudication

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. SHREE RAMCHANDRA INGOT INDIA PRIVATE LIMITED, KOLKATA

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

Bench: S/Shriand Rajesh Kumar & Pradip Kumar Choubeyita No.1363/Kol/2025: Assessment Year: 2017-18

reassessment proceedings under section 148 of the Act, which is wrong, illegal and unjustified. 6. For that the order passed by the ld CIT(A) to the extent confirming the additions and rejecting the grounds of appeal is bad in facts and law.” 4. Ground Nos.1,5 & 6 of appeal are general in nature, hence requires no separate adjudication

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. SHREE RAMCHANDRA INGOT INDIA PRIVATE LIMITED, KOLKATA

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

Bench: S/Shriand Rajesh Kumar & Pradip Kumar Choubeyita No.1363/Kol/2025: Assessment Year: 2017-18

reassessment proceedings under section 148 of the Act, which is wrong, illegal and unjustified. 6. For that the order passed by the ld CIT(A) to the extent confirming the additions and rejecting the grounds of appeal is bad in facts and law.” 4. Ground Nos.1,5 & 6 of appeal are general in nature, hence requires no separate adjudication

SHREE RAMCHANDRA INGOT INDIA PVT. LTD.,KOLKATA vs. D.C.I.T., CC-4(3),, KOLKATA

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

Bench: S/Shriand Rajesh Kumar & Pradip Kumar Choubeyita No.1363/Kol/2025: Assessment Year: 2017-18

reassessment proceedings under section 148 of the Act, which is wrong, illegal and unjustified. 6. For that the order passed by the ld CIT(A) to the extent confirming the additions and rejecting the grounds of appeal is bad in facts and law.” 4. Ground Nos.1,5 & 6 of appeal are general in nature, hence requires no separate adjudication

SHREE RAMCHANDRA INGOT INDIA PVT. LTD.,KOLKATA vs. D.C.I.T., CC-4(3),, KOLKATA

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

Bench: S/Shriand Rajesh Kumar & Pradip Kumar Choubeyita No.1363/Kol/2025: Assessment Year: 2017-18

reassessment proceedings under section 148 of the Act, which is wrong, illegal and unjustified. 6. For that the order passed by the ld CIT(A) to the extent confirming the additions and rejecting the grounds of appeal is bad in facts and law.” 4. Ground Nos.1,5 & 6 of appeal are general in nature, hence requires no separate adjudication

SHREE RAMCHANDRA INGOT INDIA PVT. LTD.,KOLKATA vs. D.C.I.T., CC - 4(3),, KOLKATA

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

Bench: S/Shriand Rajesh Kumar & Pradip Kumar Choubeyita No.1363/Kol/2025: Assessment Year: 2017-18

reassessment proceedings under section 148 of the Act, which is wrong, illegal and unjustified. 6. For that the order passed by the ld CIT(A) to the extent confirming the additions and rejecting the grounds of appeal is bad in facts and law.” 4. Ground Nos.1,5 & 6 of appeal are general in nature, hence requires no separate adjudication

SHREE RAMCHANDRA INGOT INDIA PVT. LTD.,KOLKATA vs. D.C.I.T., CC - 4(3),, KOLKATA

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

Bench: S/Shriand Rajesh Kumar & Pradip Kumar Choubeyita No.1363/Kol/2025: Assessment Year: 2017-18

reassessment proceedings under section 148 of the Act, which is wrong, illegal and unjustified. 6. For that the order passed by the ld CIT(A) to the extent confirming the additions and rejecting the grounds of appeal is bad in facts and law.” 4. Ground Nos.1,5 & 6 of appeal are general in nature, hence requires no separate adjudication

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. SHREE RAMCHANDRA INGOT INDIA PRIVATE LIMITED, KOLKATA

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

Bench: S/Shriand Rajesh Kumar & Pradip Kumar Choubeyita No.1363/Kol/2025: Assessment Year: 2017-18

reassessment proceedings under section 148 of the Act, which is wrong, illegal and unjustified. 6. For that the order passed by the ld CIT(A) to the extent confirming the additions and rejecting the grounds of appeal is bad in facts and law.” 4. Ground Nos.1,5 & 6 of appeal are general in nature, hence requires no separate adjudication

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. SHREE RAMCHANDRA INGOT INDIA PRIVATE LIMITED, KOLKATA

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

Bench: S/Shriand Rajesh Kumar & Pradip Kumar Choubeyita No.1363/Kol/2025: Assessment Year: 2017-18

reassessment proceedings under section 148 of the Act, which is wrong, illegal and unjustified. 6. For that the order passed by the ld CIT(A) to the extent confirming the additions and rejecting the grounds of appeal is bad in facts and law.” 4. Ground Nos.1,5 & 6 of appeal are general in nature, hence requires no separate adjudication

NARAYAN SUPPLIERS PVT. LTD.,KOLKATA vs. I.T.O., WARD - 6(3), KOLKATA, KOLKATA

In the result, appeal of the assessee is dismissed

reassessment was held to be bad in law.\n21.\nIn case of Deepraj Hospital (P) Ltd. v. ITO, (2018) 65 ITR 663\n(Agra) (Trib.), the Tribunal held: If the re-opening is based on\ninformation received from the investigation dept, the reasons\nmust show that the Assessing Officer independently applied his\nmind to the information and formed

I.T.O WD - 2(2),BURDWAN, BURDWAN vs. NATRAJ UNEMPLOYED ENGINEERS CO - OPERATIVE SOCIETY LTD, BURDWAN

In the result, the Cross Objection filed by the assessee is allowed and that of the Revenue is dismissed

Bench: Shri N.V.Vasudevan, J.M. & Dr.A.L.Saini, A.M.)

section 147 of the Act. The AR for the assessee has relied on the following judgments, which are squarely applicable to the instant case, are as follows: 1). [2016] 48 ITR 191 (Chennai) - Universal Power Systems Pvt. Ltd. –vs- ACIT 2) (2013) 151 TTJ (Kol) 545 Meheria Reid & Co. –vs- ITO ITA Nos.53&54/Kol/2010, Kolkata “ B” bench, Kolkata

DCIT, CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. MURLIDHAR RATANLAL EXPORTS LTD, KOLKATA

Appeal of the Revenue is dismissed

Bench: 30th day of September 2007.

section 32 of the Act, depreciation on such properties would not be allowable to the assessee. This resulted in excess allowance of depreciation at Rs 2,55,75,000/- (Dep@10% R-3,00,00,000/- +@15% on Rs 15,05,00,000/-). Therefore, I have the reason to believe that this amount of Rs. 78,70,194/-has escaped

ITO, WARD-6(1), KOLKATA vs. M/S DANIEL COMMODITIES PVT. LTD., KOLKATA

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.645/Kol/2020 Assessment Year: 2009-10 Ito, Ward-6(1), Kolkata………..…….......................…...……………....Appellant Vs. M/S Daniel Commodities Pvt. Ltd…..........…..........................…..…..... Respondent 6, Lyons Range, Kolkata – 1. [Pan: Aaccd9344F] C.O. 4/Kol/2023 (A/O I.T.A. No.645/Kol/2020) Assessment Year: 2009-10 M/S Daniel Commodities Pvt. Ltd…………….....................…..…..... Cross-Objector 6, Lyons Range, Kolkata – 1. [Pan: Aaccd9344F] Vs Ito, Ward-6(1), Kolkata …………….......................…...……………....Respondent Appearances By: Shri Abhijit Kundu, Cit-Dr, Advocate, Appeared On Behalf Of The Department. Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Assessee. Date Of Concluding The Hearing : February 23, 2024 Date Of Pronouncing The Order : May 07, 2024

section 148 was issued. Validity of I.T.A. No.645/Kol/2020 & C.O. 4/Kol/2023 Assessment Year: 2009-10 M/s Daniel Commodities Pvt. Ltd reopening was not challenged upto Tribunal and additions were challenged on merits only. The Tribunal restored the matter to the Assessing Officer with some directions to reexamine the issue on merits. When the matter came back to the assessing officer