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11 results for “reassessment”+ Section 246A(1)(a)clear

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Key Topics

Section 14821Section 14721Section 25011Addition to Income10Reassessment8Section 148A6Section 685Cash Deposit5Section 143(3)4Section 69A

ACIT, CIRCLLE-34, KOLKATA vs. SUBHAS KUMAR KEDIA, KOLKATA

In the result, appeal of the revenue is dismissed

ITA 1677/KOL/2024[2016-17]Status: DisposedITAT Kolkata17 Apr 2025AY 2016-17

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.1677/Kol/2024 (नििाारण वर्ा / Assessment Year : 2016-2017) Acit, Circle-34, Kolkata Vs Subhas Kumar Kedia, 41, N.S.Road, Kolkata Pan No. :Afnpk 9669 M (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Ms. Shreya Loyalka, Ar राजस्व की ओर से /Revenue By : Shri P.N.Barnwal, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 21/01/2025 घोषणा की तारीख/Date Of Pronouncement : 17/04/2025 आदेश / O R D E R Per Rajesh Kumar, Am : This Is An Appeal Filed By The Revenue Against The Order Dated 05.06.2024, Passed By The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, For The Assessment Year 2016-2017, On The Following Grounds Of Appeal :- I) That On The Facts & In The Circumstances Of The Case, The Ld. Cit(Appeals), Nfac, Delhi, Erred In Quashing The Order U/S.148A(D) & All Subsequent Proceedings. Ii) That On The Facts & Circumstances Of The Case, The Ld. Cit(Appeals), Nfac, Delhi, Failed To Acknowledge The Fact That The Assesse Had Not Expressed Any Grievance Against The Validity Of Order U/S 148A(D) By Moving Any Writ Petition Which Should Have Been Done In Case Of Any Grievance After Getting The Sald Order U/S.148A(D). Iii) That On The Facts & Circumstances Of The Case, The Ld. Cit(Appeals), Nfac, Delhi, Erred In Quashing The Order When The Ld. Cit(A) Has No Jurisdiction To Deal With The Question Whether The 148A(D) Order Was Passed Validly Or Properly As An Order U/S.148A(D) Is Not An Appealable Order Before Ld. Cit(A) As Per Section 246A.

For Appellant: Ms. Shreya Loyalka, ARFor Respondent: Shri P.N.Barnwal, CIT-DR
Section 148
4
Section 144B3
Reopening of Assessment3
Section 148A
Section 149
Section 151
Section 246A
Section 3
Section 69A

246A. 2 iv) That on the facts and circumstances of the case, the Ld. CIT(Appeals), NFAC, Delhi, failed to appreciate the decision of Hon'ble Supreme Court in the case of Ashis Agarwal dated 04.05.2022 dealing with notices u/s.148 Issued between 01.04.2021 to 30.06.2021 which was followed by the AO by treating notice u/s.148 issued in un-amended provisions

TERAI FRUITS COMPANY,SILIGURI vs. INCOME TAX OFFICER, WARD-1(1), SILIGURI, SILIGURI

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

ITA 2099/KOL/2024[2018-19]Status: DisposedITAT Kolkata14 Jan 2025AY 2018-19

Bench: Sri Pradip Kumar Choubey & Sri Rakesh Mishra

Section 144BSection 147Section 148Section 250Section 270ASection 274Section 285B

246A or an application for revision under section 264 shall be admissible against the order of assessment or reassessment, referred to in clause (a) of sub-section (1

OPLUS STEEL AND POWER PVT. LTD.(FORMERLY KNOWN AS SWATI CONCAST AND POWER PVT. LTD.),KOLKATA vs. D.C.I.T., CIRCLE - 5(1), KOLKATA

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

ITA 2550/KOL/2024[2013-2014]Status: DisposedITAT Kolkata28 Feb 2025AY 2013-2014

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 143(2)Section 147Section 148Section 250Section 68Section 69C

reassessment proceedings. The contents of the affidavit are reproduced as under: “I, Ajay Kumar Kejriwal S/o, Krishna Kejriwal, Director of M/s Oplus Steel and Power Private Limited (Formerly Known as Swati Concast and Power Private Limited) residing at Rosedale Garden, Tower-2, Flat-12A, Near Uniworld City, New Town, North 24 Paragans -700156 West Bengal, having PAN: AHOPK8976A, do hereby

PROVASH ADHIKARI,KOLKATA vs. ITO, WARD 46(4), KOLKATA

In the result, the appeal is allowed for statistical purposes

ITA 148/KOL/2024[2011-12]Status: DisposedITAT Kolkata29 Nov 2024AY 2011-12

Bench: Sonjoy Sarma & Sri Rakesh Mishra

Section 143(3)Section 147Section 68

reassessment by passing an order u/s. 147/143(3) by making an addition of Rs. 93,57,008/- on account of alleged unexplained cash credit.” 2.1. Aggrieved with the assessment order, the assessee filed an appeal before Ld. CIT(A) who observed that 5 notices issued at the e-mail addresses i.e. (i) A.PROVASH@GMAIL.COM and (ii) saassociates.adv@gmail.com, which were available

M/S. VICTOR COMMERCIAL CO. LTD.,KOLKATA vs. ACIT, CC - 1(2), KOLKATA, KOLKATA

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 1127/KOL/2024[2010-2011]Status: DisposedITAT Kolkata27 Aug 2024AY 2010-2011

Bench: Shri Rajpal Yadav & Shri Rakesh Mishraassessment Year: 2009-10 & Assessment Year: 2010-11 M/S Victor Commercial Co. Acit, Central Circle-1(2), Ltd., Kolkata, C/O. M/S Salarpuria Jajodia & Aayakar Bhawan Poorva, Vs Co., 7, C.R., Avenue, 3Rd Floor, 110, Shantipally, E.M. Kolkata - 700072 Bypass, Kolkata - 700017 (Pan: Aabcv0011C) (Appellant) (Respondent)

For Appellant: S. Jhajaria, ARFor Respondent: Pradip Biswas, Addl. CIT
Section 147Section 148Section 250

reassessment proceedings were completed vide order u/s 147/143(3) wherein certain adjustment/additions/disallowances were made and the income was assessed at Rs.20,35,380/- as against the returned income of Rs. 14,30,900/-. The assessee had claimed credit for TDS of Rs. 16,20,135/- M/s Victor Commercial Co. Ltd. : AYs: 2009-10 and 2010-11 in its return

DIAMOND TRADECOM PRIVATE LTD.,MAHARASHTRA vs. NATIONAL FACELESS APPEAL CENTRE (NFAC), DELHI

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

ITA 1389/KOL/2023[2009-10]Status: DisposedITAT Kolkata29 Sept 2025AY 2009-10

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 143(3)Section 147Section 250Section 68

reassessment with directions to the Ld. AO to conduct detailed inquiries into the source of the share capital and premium, examine the source of funds, verify documents, and examine the directors and the subscriber companies to determine the true nature and authenticity of the capital infusion. Repeated notices were issued to the assessee company and also to the directors

SHRI NITYANAND PANDEY,HOOGHLY vs. I.T.O., WARD - 23(1),, HOOGHLY

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

ITA 2067/KOL/2024[2013-2014]Status: DisposedITAT Kolkata18 Sept 2025AY 2013-2014

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 144Section 148Section 148(2)Section 250

reassessment is bad-in-law. 7. For that on the facts and in the circumstances of the case, the Ld. CIT(A) was not justified in making addition of Rs. 1,86,25,000/- cash deposited in Bank which is purely business transaction, therefore, gross addition is completely arbitrary, unjustified and illegal. 8. For that on the facts

SMT. SNEHA BRAHMA, LEGAL REPRESENTATIVE OF LATE SHYAMAL KUMAR BRAHMA,RAIGANJ vs. ITO, WARD 2(4), , RAIGANJ

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

ITA 1085/KOL/2025[2013-2014]Status: DisposedITAT Kolkata29 Dec 2025AY 2013-2014

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 144BSection 147Section 148Section 246ASection 250Section 69A

246A thereon and confirming of the Assessment and dismissing of the said Appeal by the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi was not based upon the facts and circumstances of the Case and cannot be sustained. ITA No.: 1085/KOL/2025 Assessment Year: 2013-14 Smt. Sneha Brahma, Legal Representative of Late Shyamal Kumar Brahma. 02. That

MATHLETICS LLP FORMERLY MATHLETICS (P) LTD.,KOLKATA vs. I.T.O., WARD - 9(1), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

ITA 97/KOL/2023[2015-2016]Status: DisposedITAT Kolkata26 Apr 2023AY 2015-2016

Bench: Shri Sonjoy Sarma & Shri Girish Agrawalassessment Year: 2015-16 Mathletics Llp Formerly Ito, Ward-9(1), Mathletics (P) Ltd. Kolkata C/O. P.K. Himmatsinghka, 41 Vs. B.B. Ganguly Street, Central Plaza, 2Nd Floor, Kolkata- 700012. Pan: Aaxfm 4704 C (Appellant) (Respondent) Present For: Appellant By : Shri Pramod Kumar Himmatsinghka, Ar Respondent By : Smt. Ranu Biswas, Addl. Cit, Sr. Dr Date Of Hearing : 27.03.2023 Date Of Pronouncement : 26.04.2023 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Arising Out Of The Order Of Cit(A), National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2022-23/104812839(1) Dated 21.12.2022 Against The Assessment Order Passed U/S 147 R.W.S. 144B Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For A.Y. 2015-16. 2. Grounds Taken By The Assessee Are As Under:

For Appellant: Shri Pramod Kumar Himmatsinghka, ARFor Respondent: Smt. Ranu Biswas, Addl. CIT, Sr. DR
Section 147Section 148Section 151

reassessed in the order u/s 147, then it is not open to the AO to independently assess any other income, which comes to his notice subsequently. 7.3. It was also argued that initiation of proceedings by issuing notice u/s 148 was on non-existence entity and, therefore, the entire proceedings are bad in law in view of the decision

SUSANTA MALLICK,KALIKAPUR vs. D.C.I.T., CIRCLE-11(1),, KOLKATA

In the result the appeal of the assessee is allowed for statistical purpose

ITA 1764/KOL/2025[2015-2016]Status: DisposedITAT Kolkata24 Oct 2025AY 2015-2016
Section 10(38)Section 147Section 148Section 250

reassessment was completed on a total income of Rs.90.39 lakhs (including an addition of Rs. 68.64 lakhs on account of bogus claim of LTCG plus Rs.3.43 lakhs being the alleged commission @ 5%, paid to brokers ( entry providers ) . 5) The matter carried in appeal, has been dismissed by the Ld first appellate authority, in absence of any representation or any response

AMALENDU KUMAR MODAK,KOLKATA vs. INCOME TAX OFFICER , 50(1), KOLKATA

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

ITA 1367/KOL/2024[2017-18]Status: DisposedITAT Kolkata19 Nov 2024AY 2017-18

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishraassessment Year: 2017-18 Amalendu Kumar Modak, Income Tax Officer, 50(1), Karer Ganga, Laha Bagan, Garia, Income Tax Office, Civil Centre, Vs Garia Main Road, Kolkata-700084, Uttarapan Complex, West Bengal Manicktala, Kolkata-700 067, West Bengal (Appellant) (Respondent) Pan: Aekpm9399G Present For: Appellant By : Shri Indranil Banerjee, Ar Respondent By : Shri Pradip Kumar Biswas, Dr Date Of Hearing : 14.11.2024 Date Of Pronouncement : 19.11.2024 O R D E R Per Rakesh Mishra: This Appeal Filed By The Assessee Is Against The Order Of The National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “The Ld. Cit (A)”] Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) For Ay 2017-18 Dated 14.11.2024, Which Has Been Passed Against The Assessment Order U/S 147 Read With Section 144 Read With Section 144B Of The Act, Dated 29.05.2023. 2. The Grounds Of Appeal Raised By The Assessee Are Reproduced As Under:

For Appellant: Shri Indranil Banerjee, ARFor Respondent: Shri Pradip Kumar Biswas, DR
Section 144Section 144BSection 147Section 148Section 148ASection 149Section 149(1)(a)Section 151Section 151ASection 250

Reassessment Proceeding is not maintainable for not having complied with mandatory methodology , i.e., through Faceless Mode). Amalendu Kumar Modak; A.Y. 2017-18 Grounds on Merit C 1. That on the facts and circumstances of the case and in law, the addition of Rs. 41,72,360/- being the Cash deposited in Bank during the Demonetization phase, after treating the same