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)

section 153A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not already disclosed or made known in the course of original assessment. "[Emphasis given] 30 M/s. Garg Brothers Pvt. Ltd. M/s. Cliff TreximPvt

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)

section 153A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not already disclosed or made known in the course of original assessment. "[Emphasis given] 30 M/s. Garg Brothers Pvt. Ltd. M/s. Cliff TreximPvt

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)

section 153A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not already disclosed or made known in the course of original assessment. "[Emphasis given] 30 M/s. Garg Brothers Pvt. Ltd. M/s. Cliff TreximPvt

GOBINDA ADHIKARY,KOLKATA, WEST BENGAL vs. WARD 34(1), KOLKATA, KOLKATA, WEST BENGAL

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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

234A, 234B, and 234C of the Income-tax Act, 1961, which is excessive, incorrectly calculated, and/or bad in law. Ground No. 5: Leave to Produce Additional Evidence (Rule 29) That the Appellant craves leave to produce additional evidence in terms of Rule 29 of the Income Tax (Appellate Tribunal) Rules, 1963. Ground No. 6: Leave to Press, Modify, or Raise

JINDAL COMMODITIES,KOLKATA vs. ITO, WARD 43(2),, KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

reassessment proceedings initiated under section 148 of the Income Tax Act, 1961, solely based on information received from DDIT(Inv.), without appreciating that the Assessing Officer failed to independently apply his mind or to record any reasons establishing a valid belief of income having escaped assessment. 2. For that The Learned CIT(A) falled to appreciate that the addition

ANCHITA PROPERTIES PVT. LTD. ,KOLKATA vs. ITO, WARD-12(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. No. 637/Kol/2024 Assessment Year: 2013-2014 Anchita Properties Pvt. Limited,………………Appellant 29, Collotola Street, Kolkata-700029 [Pan:Aahca9115E] -Vs.- Income Tax Officer,………………………….……Respondent Ward-12(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 & I.T.A. No. 1067/Kol/2024 Assessment Year: 2013-2014 Anchita Properties Pvt. Limited,………………Appellant 29, Collotola Street, Kolkata-700029 [Pan:Aahca9115E] -Vs.- Principal Commissioner Of Income Tax,…Respondent Pcit, Kolkata-2, Office Of The Income Tax Officer, Ward-12(1), Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069

234A, 234B and 234C of the Income Tax Act. 3. First we take the issue challenging reopening of the assessment. 4. Brief facts of the case are that the assessee has filed its return of income under section 139(1) of the Income Tax Act on 30th March, 2014 declaring total income of Rs.55,10,070/-. This return was selected

ANCHITA PROPERTIES PVT. LTD.,KOLKATA vs. P.C.I.T., KOLKATA - 2, KOLKATA

In the result, both the appeals of the assessee are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. No. 637/Kol/2024 Assessment Year: 2013-2014 Anchita Properties Pvt. Limited,………………Appellant 29, Collotola Street, Kolkata-700029 [Pan:Aahca9115E] -Vs.- Income Tax Officer,………………………….……Respondent Ward-12(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 & I.T.A. No. 1067/Kol/2024 Assessment Year: 2013-2014 Anchita Properties Pvt. Limited,………………Appellant 29, Collotola Street, Kolkata-700029 [Pan:Aahca9115E] -Vs.- Principal Commissioner Of Income Tax,…Respondent Pcit, Kolkata-2, Office Of The Income Tax Officer, Ward-12(1), Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069

234A, 234B and 234C of the Income Tax Act. 3. First we take the issue challenging reopening of the assessment. 4. Brief facts of the case are that the assessee has filed its return of income under section 139(1) of the Income Tax Act on 30th March, 2014 declaring total income of Rs.55,10,070/-. This return was selected

HIMADRI VINIMAY PVT. LTD.,KOLKATA vs. ACIT, (OSD), WARD-1(1), KOLKATA

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Sri Pradip Kumar Choubey & Sri Rakesh Mishra

234A since the Return of Income in compliance to notice u/s 148 of the IT Act, was filed after the period allowed to file. Here, the notice u/s 148 of the IT Act was issued on 31.03.2017 allowing the assessee 30 days to file the return but Return was filed on 17.10.2017. Therefore the interest u/s 234A/3) was leviable

ITO,WARD-41(2),KOLKATA, KOLKATA vs. SHRI SUBRATA SAHA, KOLKATA

In the result the appeal of the revenue is dismissed

Bench: Hon’Ble Shri P.M.Jagtap, Am & Sri N.V.Vasudevan, Jm ]

reassessment proceedings. Considering the facts of the case and respectfully following the judicial pronouncements in the case of Hotel Blue Moon, supra and also Rajeev Sharma, supra, we are of the view that the AO is bound to serve on the assessee a notice u/s. 143(2 of the Act, which he never did in this case. Similarly, Ld. Counsel

NEHA DIWAN,HINDMOTOR vs. ITO WARD - 23(1), HOOGHLY

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

reassessment was initiated based on alleged information that the appellant received accommodation entries of ₹91,00,000 from M/s Shree Shyam Trading Company (Prop. Satya Narayan More, PAN: CRHPM0358P). The appellant submitted complete documentation including ledger, sale invoices, confirmations, and bank statements to prove the genuineness of the transactions. 4. That, without prejudice, the assessment order dated 31st March

SURRENDRA KUMAR GOENKA,HOWRAH vs. ADIT, CPC, BENGALURU / I.T.O., WARD 61(3), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

234A, 234B and 234C of the act. 5. Contrary to that, the Ld. D.R supports the impugned order. 6. Upon hearing the rival submissions, we have perused the record and find that the following facts: i) The assessee was on assignment to Netherland during FY 2019-20 from 01.04.2019 to 31.01.2020 and had received salary in Netherlands form Tata Steel

ROYAL CRYSTAL DEALERS PVT. LTD.,KOLKATA vs. ITO, WARD-4(4), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Hon’Ble Shri M.Balaganesh, Am & Hon’Ble Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 1755/Kol/2016 Assessment Year : 2008-09 Royal Crystal Dealers P Ltd -Vs- Ito, Ward-4(4), Kolkata [Pan: Aadcc 0441 K] (Appellant) (Respondent)

reassessment proceedings u/s 147/143(3) of the Act were filed by the A/R before the ld AO during this assessment proceedings. Summons u/s 131 were issued to the Directors of the company on 4.3.2014 to verify the genuineness and creditworthiness of the shareholders. They were asked to appear personally before the ld AO and produce / furnish details / documents in support

M/S. PEARL TRACOM PVT. LTD., ,KOLKATA vs. DCIT, CENTRAL CIRCLE 3(1), , KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm M/S Pearl Tracom Pvt. Ltd. Dcit, Central Circle 3(1) C/O M/S Salarpuriajajodia& Co.7, Aaykar Bhawan, P-7, C.R. Avenue, 3Rd Floor, Chworinghee Square, Kolkata- Vs. Kolkata-700072, West Bengal 700069, West Bengal (Appellant) (Respondent) Pan No. Aabcp9934G Assessee By : Shri Siddarth Jhajharia, Ar Revenue By : Shri Sanat Kumar Raha, Dr Date Of Hearing: 02.04.2026 Date Of Pronouncement: 02.04.2026

234A, 2348 & 234D respectively and the appellant completely denies the liability to pay such interest. Even otherwise, interest charged u/s 234B is consequential and hence the AO may kindly be directed to delete the same 14. For that your petitioner craves the right to put additional grounds and/or to alter/ amend modify the present grounds at the time of hearing

GRAPHITE INDIA LTD.,KOLKATA vs. DCIT, CIRCLE 11, KOLKATA, KOLKATA

In the result, the appeal of the assessee is treated as allowed as indicated above and the appeal of the Revenue is dismissed

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

reassessment proceedings u/s. 147/148 has been initiated in utter disregard of the express provision of the Act and thus the order passed u/s. 147 is bad in law. 2(a) That on the facts and in the circumstances of the case, Ld. CIT(Appeals) was not justified and erred in holding that I.T.A. No. 398/KOL./2008 Assessment year

M/S FANTASTIC FINANCIAL CONSULTANTS PVT. LTD.,KOLKATA vs. ITO, WARD-9(1), KOLKATA, KOLKATA

In the result, appeal filed by the assessee is allowed for statistical purposes

Bench: SHRI GEORGE MATHAN, JUDICIAL MEMBER SHRI SANJAY AWASTHI (Accountant Member)

section 148. 11. For that the notices u/s 148A(b), order u/s 148A(d) and the noticed u/s 148 are bad in law being in violation of Sec. 151A of the Act read with Notification No. S.O. 1466(E) dated 29.03.2022 issued by the Hon'ble CBDT. 12. For that in the instant case, the Ld. AO initiated reassessment proceedings

DCIT, CENTRAL CIRCLE - XI, KOLKATA, KOLKATA vs. SHRI HARISH KUMAR SARAWGI, KOLKATA

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

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am] I.T.A Nos. 1222 To 1226/Kol/2011 Assessment Years: 2003-04 To 2007-08

234A in full, interest u/s 234 B and 234 C in part vide order u/s 119 of the Act dated 14.12.2012 for the Asst Years 2002-03 to 2008-09. From the above, it could be understood that the assessee was prevented from reasonable cause from filing the return u/s 153A of the Act before the amendment was proposed

HARISH KUMAR SARAWGI,KOLKATA vs. DCIT, CENTRAL CIRCLE - XI, KOLKATA, KOLKATA

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

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am] I.T.A Nos. 1222 To 1226/Kol/2011 Assessment Years: 2003-04 To 2007-08

234A in full, interest u/s 234 B and 234 C in part vide order u/s 119 of the Act dated 14.12.2012 for the Asst Years 2002-03 to 2008-09. From the above, it could be understood that the assessee was prevented from reasonable cause from filing the return u/s 153A of the Act before the amendment was proposed

DEPUTY COMMISSIONER OF INCOME TAX, KOLKATA vs. PHPL PROPERTIES PVT. LTD., KOLKATA

Bench: Sri Pradip Kumar Choubey & Sri Rakesh Mishra

section 3.1 of CBDT circular no. 5/2024 dated 15/03/2024, falling under the category of cases involving organized tax evasion including cases of bogus capital gain/loss through penny stocks and cases of accommodation entries. 4. The department craves the right to add, alter, amend or withdraw any ground of appeal before or at the time of hearing.” 3. Brief facts

SUKDEV SEN,NAVI MUMBAI vs. ACIT, CIR. 61, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

234A and the Ld. CIT(A) erred in not adjudicating the said ground by holding that the ground is general and consequential in nature. 6. That the Ld. AO erred in law as well as in facts in levying/charging excess interest of Rs. 8,00,679/- u/s. 234B and the Ld. CIT(A) erred in not adjudicating the said ground