ITO, WD.9(1), KOLKATA vs. M/S MAHARAJ VINCOM PVT. LTD., KOLKATA

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.35/Kol/2021 Assessment Year: 2009-10 Ito, Ward-9(1), Kolkata……………….......................…...……………....Appellant Vs. M/S Maharaj Vincom Pvt. Ltd……............…..........................…..…..... Respondent 69, Jamunalal Bajaj Street, Kolkata- 700007. [Pan: Aafcm6496E] C.O. No.6/Kol/2023 (A/O I.T.A. No.35/Kol/2021) Assessment Year: 2009-10 M/S Maharaj Vincom Pvt. Ltd……............…..........................…....... Cross-Objector 69, Jamunalal Bajaj Street, Kolkata- 700007. [Pan: Aafcm6496E] Vs Ito, Ward-9(1), Kolkata …………..….......................…...……………....Respondent Appearances By: Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Assessee. Shri Abhijit Kundu, Cit-Dr, Appeared On Behalf Of The Department. Date Of Concluding The Hearing : March 07, 2024 Date Of Pronouncing The Order : May 15, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: This Appeal By The Revenue & Corresponding Cross-Objection By The Assessee Have Been Preferred Against The Order Dated 08.09.2020 Of The Commissioner Of Income Tax (Appeals)-7, Kolkata (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’).

section 143 it was found that the claim of license fee made by the assessee was erroneous and should have been disallowed. 14. The diametrically opposite position had arisen in CIT v. Sun Engg. Works (P.) Ltd. [1992] 198 ITR 297 (SC). It was held that "in the reassessment proceedings, it is not open to an assessee to seek

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

In the result, appeal of the revenue is dismissed

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.

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

M/S VENKATESWAR MEDICARE PVT. LTD.,KOLKATA vs. ITO, WARD 2(1), KOLKATA

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

Bench: Shri Rajesh Kumar, Am& Shri Sonjoy Sarma, Jm]

reassessment with effect from April 1, 2021. In terms of Sections 40, 41, 43 and 44 of the Finance Act, 2021, which

M/S VENKATESWAR MEDICARE PVT. LTD.,ITO, WARD-2(1) vs. ITO, WARD-2(1), KOLKATA

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

Bench: Shri Rajesh Kumar, Am& Shri Sonjoy Sarma, Jm]

reassessment with effect from April 1, 2021. In terms of Sections 40, 41, 43 and 44 of the Finance Act, 2021, which

HARSH COMTRADE PVT LTD,SURAT vs. INCOME TAX OFFICER, WARD 5(4), KOLKATA

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

Bench: Shri George Mathanआयकर अपील सं/Ita No.225/Kol/2024 (नििाारण वर्ा / Assessment Year :2012-2013) Harsh Comtrade Private Limited, Vs Ito, Ward-5(4), Kolkata 1/A, Stuti Apartment, Near Ashok Panhouse, City Light, Surat, Gujarat Pan No. :Aabcg 8847 C (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) : Shri Mehul Shah, Ar नििााररती की ओर से /Assessee By राजस्व की ओर से /Revenue By : Shri S.B. Chakraborthy, Addl. Cit-Sr.Dr सुनवाई की तारीख / Date Of Hearing : 01/07/2025 घोषणा की तारीख/Date Of Pronouncement : 01/07/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 28.12.2023, Passed In Din & Order No.Itba/Nfac/S/250/2023-24/1059161646(1) For The Assessment Year 2012-2013. 2. Shri Mehul Shah, Ld. Ar Appeared On Behalf Of The Assessee & Shri S.B.Chakraborthy, Ld.Sr. Dr Appeared On Behalf Of The Revenue. 3. At The Time Of Hearing, Ld. Ar Submitted That He Has Filed Written Submissions Before The Tribunal Which Has Been Placed In The Paper Book At Pages 90 To 104 Which Reads As Follows :- Before Income Tax Appellate Tribunal, Kolkata - 'Smc' Bench In The Case Of Harsh Comtrade Pvt. Ltd Sub: Written Submission For A.Y. 2012-13 Ref: Assessee'S Appeal No. 225/Kol/2024 Date Of Hearing: 21.08.2024 May It Please To Your Honour 1. In This Case, The Case Is Re-Opened On The Basis Of Reasons For Reopening Recorded On 23.03.2018. The Same Is Reproduced

section 148, the prerequisite is there should be a valid notice. Admittedly, in the case on hand, the notice was held to be not sustainable. If that be so, the Assessing Officer cannot be stated to be empowered to make a roving enquiry into other issues which according to him came to his notice during the reassessment proceedings. The foundation

DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. K KALPANA INDUSTRIES INDIA LTD, KOLKATA

In the result, both the appeals of the revenue for Assessment Year

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. Nos. 815 & 816/Kol/2023 Assessment Year: 2011-12 & 2012-13 Deputy Commissioner Of Income K Kalpana Industries India Ltd., Tax, Central Circle-1(4), Kolkata Vs Kolkata 28, Pretoria Street Kolkata - 700071 [Pan : Aabck2239D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ravi Tulsiyan, Fca Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 06/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 21/03/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeal), Kolkata [Hereinafter The “Ld. Cit(A)”] Evenly Dt. 25/09/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Years 2011-12 & 2012-13. 2. The Registry Has Pointed Out That There Is A Delay Of 34 Days & 11 Days In Filing Of These Appeals By The Department For Assessment Year 2011-12 & 2012-13 Respectively. After Hearing The Ld. D/R We Are Convinced That It Was Prevented By Sufficient Cause From Filing These Appeals On Time. Though The Department Has Not Filed Any Petition/Application For Condonation, The Hon’Ble Apex Court In The Case Of Sesh Nath Singh & Ors. V. Baidyabati · Sheoraphuli Cooperative Bank

reassessment to substitute his own opinion for that of the Assessing Officer who made the original assessment. " (b) ITO v. Tech Span India Private Ltd ( 2018) 404 ITR 10 (Del HC) relied upon decision of the Hon 'ble Apex Court in the case of CIT vs Kelvinator of India Ltd and held as follows: "initiation of the re-assessment proceedings

DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -1(4), KOLKATA , KOLKATA vs. K KALPANA INDUSTRIES INDIA LTD, KOLKATA

In the result, both the appeals of the revenue for Assessment Year

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. Nos. 815 & 816/Kol/2023 Assessment Year: 2011-12 & 2012-13 Deputy Commissioner Of Income K Kalpana Industries India Ltd., Tax, Central Circle-1(4), Kolkata Vs Kolkata 28, Pretoria Street Kolkata - 700071 [Pan : Aabck2239D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ravi Tulsiyan, Fca Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 06/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 21/03/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeal), Kolkata [Hereinafter The “Ld. Cit(A)”] Evenly Dt. 25/09/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Years 2011-12 & 2012-13. 2. The Registry Has Pointed Out That There Is A Delay Of 34 Days & 11 Days In Filing Of These Appeals By The Department For Assessment Year 2011-12 & 2012-13 Respectively. After Hearing The Ld. D/R We Are Convinced That It Was Prevented By Sufficient Cause From Filing These Appeals On Time. Though The Department Has Not Filed Any Petition/Application For Condonation, The Hon’Ble Apex Court In The Case Of Sesh Nath Singh & Ors. V. Baidyabati · Sheoraphuli Cooperative Bank

reassessment to substitute his own opinion for that of the Assessing Officer who made the original assessment. " (b) ITO v. Tech Span India Private Ltd ( 2018) 404 ITR 10 (Del HC) relied upon decision of the Hon 'ble Apex Court in the case of CIT vs Kelvinator of India Ltd and held as follows: "initiation of the re-assessment proceedings

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.

section 147 of the Act. The power of reassessment is different from the power of review. Here, your kind attention is drawn to the judgment of the Hon'ble Apex Court in the case of Calcutta Discount Co. Ltd. vs ITO [1961] 41

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 11(1), KOLKATA, KOLKATA vs. M/S. AMICUS HEALTHCARE SERVICES & SOLUTIONS PVT. LTD. , KOLKATA

Appeal of the revenue is dismissed

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

41, Ballygunge Terrace, Golpark, Kolkata – 700029 [PAN: AAGCA7409N] ................................. Respondent Appearances by: Assessee represented by : None Department represented by : Pankaj Pandey, Addl. CIT, Sr. DR Date of concluding the hearing : 03.07.2025 Date of pronouncing the order : 09.07.2025 O R D E R PER SANJAY AWASTHI, ACCOUNTANT MEMBER 1. The ITAT Registry has reported that the present appeal is time barred

M/S GERMINDA PVT. LTD.,KOLKATA vs. I.T.O.,WARD-7(1), KOLKATA

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

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2010-11

41(1) of the IT Act does not apply since waiver of loan does not amount to cessation of trading liability. It is a matter of record that the Respondent has not claimed any deduction under Section 36 (1) (iii) of the IT Act qua the payment of interest in any previous year.” 11.1. Keeping the above judgment

GOAL ORIENTED TRADE LINK PVT. LTD.,,KOLKATA vs. ITO, WARD 2(1),, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: SHRI RAJESH KUMAR, ACCOUNTANT MEMBER SHRI PRADIP KUMAR CHOUBEY (Judicial Member)

41,00,000/- from 4 Private Limited Companies which was nothing but only accommodation entries. The AO called upon the assessee to furnish the return of income within 30 days but the furnished the return of income in compliance 23.03.2021which was not within the time allowed in the notice of 30 days. However, the same was filed within

MAITHAN CERAMIC LTD.,,KOLKATA vs. ACIT, CIRCLE 7(1),, KOLKATA

In the result, appeal of the assessee is dismissed

Section 147 not adhered.\nThis legal position has been consistently upheld by multiple High\nCourts and the Hon'ble Supreme Court:\nd. Judicial Precedents\n(i) NDTV Ltd. v. DCIT (2020) 424 ITR 607 (SC):\nThe Hon'ble Supreme Court held that once the assessee has\ndisclosed all primary facts, it is not obligated to assist the AO in\ndrawing

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

VINAYAK TRADEVIN PVT. LTD., ,KOLKATA vs. ITO, WARD 2(1), , KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Sonjoy Sarmavinayak Tradevin Pvt. Ltd. Vs Ito, Ward-2(1), Kolkata 41, B B Ganguly Street, 2Nd Floor, Room No13B, Kol-12. Pan No. : Aaccv8710B (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri P. K. Himmatsinghka, Ar राज"व क" ओर से /Revenue By : Shri S. B. Chakraborthy, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 22/09/2025 घोषणा क" तार"ख/Date Of Pronouncement : 08/12/2025

41, B B Ganguly Street, 2nd Floor, Room No13B, Kol-12. PAN No. : AACCV8710B (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee by : Shri P. K. Himmatsinghka, AR राज"व क" ओर से /Revenue by : Shri S. B. Chakraborthy, Sr. DR सुनवाई क" तार"ख / Date of Hearing : 22/09/2025 घोषणा क" तार"ख/Date of Pronouncement : 08/12/2025 आदेश

ARPAN SECURITIES PVT. LTD.,KOLKATA vs. ITO, WARD-4(1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 152/Kol/2022 Assessment Year: 2012-2013 Arpan Securities Pvt. Limited,................Appellant 14C, M.D. Road, 4Th Floor, Kolkata-700007 [Pan: Aajca9130H] -Vs.- Income Tax Officer,..............................Respondent Ward-4(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069

reassessment proceedings. He simply accepted the undisclosed income of the assessee at Rs.42,15,00,720/-, which was determined by the ld. Assessing Officer under section 144 of the Income Tax Act. The difference between both assessment orders Rs.1,41

BIG BOSS FOODS PVT. LTD.,BURDWAN vs. ACIT, CIR. 1, BURDWAN

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

Bench: Sri Rajesh Kumar & Pradip Kumar Choubey

reassessment is not permissible for any year after the expiry of four years from the relevant assessment year. Page 3 of 7 I.T.A. No.: 398/KOL/2024 Assessment Year: 2013-14 Big Boss Foods Pvt. Ltd. The scope of the assessee's duty to disclose fully and truly all material facts necessary for assessment in the context of the provisions of section

DEPUTY COMMISSIONER OF INCOME TAX, KOLKATA vs. SHAKAMBHARI ISPAT & POWER LIMITED, KOLKATA

41,95,000/- by way of unexplained interest\nexpenditure under section 69C of the Act.\nI have taken into consideration the submissions of the appellant,\nalready extracted above and the findings of the AO as well as the\nmaterial placed on record, It is noted that the impugned addition\nemanated from the information available with the Department,\nwhich was gathered

M/S. SHAKAMBHARI ISPAT & POWER LTD.,KOLKATA vs. DCIT, CC - 3(3),, KOLKATA

41,95,000/- by way of unexplained interest\nexpenditure under section 69C of the Act.\nI have taken into consideration the submissions of the appellant,\nalready extracted above and the findings of the AO as well as the\nmaterial placed on record, It is noted that the impugned addition\nemanated from the information available with the Department,\nwhich was gathered