DCIT,CIR-11, KOLKATA vs. M/S CENTURY PLYBOARDS (INDIA) LTD., KOLKATA

In the result ITA No.2307/Kol/2013 is dismissed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am]

41,46,S12/- claimed under Section 80-IC of the Income-tax Act, 1961. The Assessee submitted that the facts would clearly show that the deduction claimed u/s 80- IC was considered and examined by AO's predecessor and therefore reopening of assessment on this account amounted to "change of opinion:' and review of the stand already taken

THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 3(2), GANGTOK, GANGTOK SIKKIM vs. SIKKIM STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED , GANGTOK SIKKIM

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

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

41,897/- disallowed under section 40(a)(ia) of the Act towards payments made without deducting I.T.A. No.: 1711/KOL/2024 Assessment Year: 2020-21 Sikkim State Cooperative Supply and Marketing Federation Limited. TDS; (ii) disallowance of claim of deduction of Rs. 10,00,000/- u/s 80G of the Act towards donation, and (iii) disallowance of claim of deduction

AGRO SERVICE SYNDICATE,KOLKATA vs. ITO, WARD-29(3)), KOLKATA, KOLKATA

In the result, assessee’s appeal is allowed for statistical purpose

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2005-06 Agro Service Syndicate V/S. Ito, Ward-29(3), C/O A.K.Dutta & Co. Room Aaykar Bhavan No. 207, 2, Church Lane, (Dakshin), 2, Kolkata-01 Gariahat Road (S), [Pan No.Aaffa 3558 C] Kolkata-68 .. अपीलाथ" /Appellant ""यथ"/Respondent

reassessment order before the Ld. CIT(A)-XVI, Kolkata vide appeal No. 74/CIT(A)- XVI/Ward-29(3)/10-11 which was not only pending on the date of filing the revision application but was also pending on the date of order made u/s. 264 of the Income-Tax Act, i.e. 30-12-2011. From the records it is also seen that

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’).

4) was pending. In this case, the return was filed and the same is pending, which means that the proceeding is still pending. In such a situation, the Revenue could not have issued notice for the purpose of reopening under section 147 of the Act. In the case of Trustees of H. E. H. The Nizam's Supplemental Family Trust

M/S KOLKATA WEST INTERNATIONAL CITY PVT. LTD.,HOWRAH vs. DCIT, CIR-11(1) KOLKATA, KOLKATA

In the result, the appeal of assessee is allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawal]

reassess the income of the assessee vide order dated 13.03.2014 passed u/s. 263 of the Act, which is as under: 3 M/s. Kolkata West International City Pvt. Ltd., AY 2009-10 6. Consequent to the order passed u/s. 263 of the Act the assessee filed appeal before ITAT vide ITA No. 1094/Kol/2014. In the meantime, the AO framed consequential assessment

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

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

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

DCIT, CENTRAL CIR. VI, KOLKATA vs. M/S J.K. LAKSHMI CEMENT LTD., KOLKATA

In the result, assessee’s CO is partly allowed

Bench: Shri Waseem Ahmed & Shri Partha Sarathi Chowdhury

section 41(1) was not attracted to remission of principal amount of loan. In the instant case, the assessee has not got any deduction on account of acquisition of capital assets as the same has been reflected in the balance sheet and not in the P and L account, and also the remission of the principal amount of loan

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

ACIT, CIRCLE - 6(2), KOLKATA vs. M/S. NAGREEKA SYNTHETICS PVT. LTD., KOLKATA

In the result, the appeal of revenue is dismissed

Bench: Shri Sanjay Garg & Shri Girish Agrawal]

4. Briefly stated, facts of the case are that the assessee is a private limited company engaged in the business of trading in raw cotton and cotton yarn, shares and securities and derivative transactions. E- Return of income for the A.Y 2008-09 filed on 01-10-2008 disclosing total loss of Rs.64,86,51,089/-. The assessment was completed

D.C.I.T CC - XIII,KOLKATA., KOLKATA vs. M/S TANTIA CONSTRACTION LTD., KOLKATA

In the result, both the appeals of the assessee as well as the revenue are dismissed

Bench: Shri M. Balaganesh, Am & Shri S. S. Viswanethra Ravi, Jm]

reassess the total income in respect of each asst year falling within such six years, the said assessments have to be framed as per law and only such receipt which can be legally includible can be brought to taxation. Since the retention money is taxable only in the year of release by respective authorities as per judicial decisions referred earlier

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]

41, 43 and 44 of the Finance Act, 2021, which came into force on April 1, 2021, as per Section 2(a) thereof, the old Sections 147, 148, 149 and 151 stood repealed/abrogated and replaced by a new set of provisions. Further, by Section 42, a new Section 148A was inserted also with effect from April 1, 2021. By Section