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

Bench: Sri Pradip Kumar Choubey & Sri Rakesh Mishra

b) of sub-section (2) of section 249, grant immunity from imposition of penalty under section 270A and initiation of proceedings under section 276C or section 276CC, where the proceedings for penalty under section 270A has not been initiated under the circumstances referred to in sub-section (9) of the said section 270A. (4) The Assessing Officer shall, within

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

Bench: Shri George Mathan & Shri Rakesh Mishra

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

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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

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

Bench: Sonjoy Sarma & Sri Rakesh Mishra

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

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)

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

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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

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

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

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

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:

B 2. Without prejudice to Ground No. B1 above, even otherwise, the successive notices issued under section 148 and thereafter, under sections 148A and Sec. 148 , had been devoid of any legality and would , thus, deserve being quashed , in the absence of their respective sanctions , vide Amended sec. 151(ii) , by Officials of Chief Commissioner rank. ( Issue : Given the magnitude

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

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:

b) as the notice u/s 148 dated 23.03.2021 is issued for more than 4 years from the end of relevant assessee year 2015-16. In this respect, reliance was placed on the decision of co- ordinate bench of ITAT, Kolkata in the case of Dipendra Nath Chunder vs ITO, ITA No. 2425/Kol/2019 dated 19.02.2020. 7.1. Further, assessee contested that section

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

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