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 148 was issued. Validity of reopening was not challenged upto Tribunal and additions were challenged on merits only. The Tribunal restored the matter to the Assessing Officer with some directions to reexamine the issue on merits. When the matter came back to the assessing officer the assessee specifically raised the point of jurisdiction to reopen the assessment, contending that

M/S. ODYSSEY SHARE BROKING SERVICES,KOLKATA vs. ITO, WARD 35(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

548/-. The said return was initially processed by the AO under section 143(1) of the Act. Subsequently the assessment however was reopened by the AO on the basis of the information received from the Director of Income Tax (Intell & Cr. Inv.), Mumbai. In this regard, a notice under section 148 was issued by him to the 2 I.T.A

JAI JAGANNATH MOVER P. LTD.,KOLKATA vs. I.T.O.,WARD-11(4), KOLKATA

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

Bench: Shri A. T. Varkey, Jm]

548/- (15% of Rs.1,56,16,989/-) was added to the total income by treating it as undisclosed investment. Aggrieved, the assessee has preferred an appeal before the Ld. CIT(A) who confirmed the same. Aggrieved by the decision of the Ld. CIT(A) assessee is before this Tribunal and has challenged the legality of the reopening. 2 Jai Jagannath

DCIT, CIR-5(1), KOLKATA, KOLKATA vs. M/S COAL INDIA LTD., KOLKATA

In the result, both the appeals of the Revenue are dismissed

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri A.T. Varkey

reassessment order u/s 147 has not been considered by the ld. CIT(A) in the judgment. 9. In the assessment originally completed under section 143(3) vide an order dated 14.12.2009, the total income of the assessee was determined by the Assessing Officer at Rs.553,79,34,548

DCIT, CIR-5(1), KOLKATA, KOLKATA vs. M/S COAL INDIA LTD., KOLKATA

In the result, both the appeals of the Revenue are dismissed

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri A.T. Varkey

reassessment order u/s 147 has not been considered by the ld. CIT(A) in the judgment. 9. In the assessment originally completed under section 143(3) vide an order dated 14.12.2009, the total income of the assessee was determined by the Assessing Officer at Rs.553,79,34,548

HEM LATA JHUNJHUNWALA ,KOLKATA vs. ACIT,CIR-11(2), KOLKATA. , KOLKATA

In the result, grounds taken by the assessee in this respect for AY 2011-12 are allowed

Bench: Shri Rajpal Yadav & Shri Girish Agrawal

section 148 of the Act. 7.3. Further, in the assessment order, Ld. AO has mentioned that from the website of NMCE, the broker Sahil was expelled from the membership of the Exchange on account of fraudulent contract notes in support of which screen shots had been annexed to the impugned assessment order. However, the information from the website of NMCE

HEM LATA JHUNJHUNWALA,KOLKATA vs. ACIT, CIR-11(2), KOLKATA. , KOLKATA

In the result, grounds taken by the assessee in this respect for AY 2011-12 are allowed

Bench: Shri Rajpal Yadav & Shri Girish Agrawal

section 148 of the Act. 7.3. Further, in the assessment order, Ld. AO has mentioned that from the website of NMCE, the broker Sahil was expelled from the membership of the Exchange on account of fraudulent contract notes in support of which screen shots had been annexed to the impugned assessment order. However, the information from the website of NMCE

ITO, WARD-6(1), KOLKATA vs. M/S DANIEL COMMODITIES PVT. LTD., KOLKATA

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.645/Kol/2020 Assessment Year: 2009-10 Ito, Ward-6(1), Kolkata………..…….......................…...……………....Appellant Vs. M/S Daniel Commodities Pvt. Ltd…..........…..........................…..…..... Respondent 6, Lyons Range, Kolkata – 1. [Pan: Aaccd9344F] C.O. 4/Kol/2023 (A/O I.T.A. No.645/Kol/2020) Assessment Year: 2009-10 M/S Daniel Commodities Pvt. Ltd…………….....................…..…..... Cross-Objector 6, Lyons Range, Kolkata – 1. [Pan: Aaccd9344F] Vs Ito, Ward-6(1), Kolkata …………….......................…...……………....Respondent Appearances By: Shri Abhijit Kundu, Cit-Dr, Advocate, Appeared On Behalf Of The Department. Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Assessee. Date Of Concluding The Hearing : February 23, 2024 Date Of Pronouncing The Order : May 07, 2024

section 148 was issued. Validity of I.T.A. No.645/Kol/2020 & C.O. 4/Kol/2023 Assessment Year: 2009-10 M/s Daniel Commodities Pvt. Ltd reopening was not challenged upto Tribunal and additions were challenged on merits only. The Tribunal restored the matter to the Assessing Officer with some directions to reexamine the issue on merits. When the matter came back to the assessing officer

ACIT, CIRCLE-43, KOLKATA, KOLKATA vs. M/S. SHREE HANUMAN IRON WORKS, KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And "ी एम .बालागणेश, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Shri M.Balaganesh, Am]

reassessment therefore dated 25.03.2013 is annulled. 5. Aggrieved by the aforesaid order of ld. CIT(A), the Revenue is before us. 6. We have heard both the parties and perused the records. We note that the original assessment in this case was completed under section 143(3) on 14.07.2010 and thereafter on 10.06.2011, the A.O after recording the reasons

INCOME TAX OFFICER-WARD-4(2), KOLKATA, KOLKATA vs. M/S HANUMAN TEXNIT INDUSTRIES LTD., KOLKATA

In the result, appeal of revenue stands dismissed

Bench: Shri Waseem Ahmed, Am & Shri S.S.Viswanethra Ravi, Jm आयकर अपील सं./Ita No.2760/Kol/2013 ("नधा"रण वष" / Assessment Year: 2009-10) Ito, Ward-4(2), Vs. M/S Hanuman Texnit P-7, Chowringhee Square, Industries Ltd., Aayakar Bhavan, 8Th Floor, Nicco House, 2, Hare Kolkata-700001 Street, Kolkata-1 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaach 6426 J .. (अपीलाथ" /Appellant) (""यथ" / Respondent) राज"व क" ओर से /Revenue By : Shri A. Sallong Yaden, Adl.Cit "नधा"रती क" ओर से /Assessee By : Shri S.K.Dangi, Fca सुनवाई क" तार"ख / Date Of Hearing : 19/12/2016 घोषणा क" तार"ख/Date Of Pronouncement 13/01/2017 आदेश / O R D E R Per Shri Waseem Ahmed, Am: This Appeal By The Revenue Is Directed Against The Order Dated 23.08.2013, Passed By The Ld. Commissioner Of Income Tax (Appeals)-Iv, Kolkata In Appeal No.231/Cit(A)-Iv/1112, Pertaining To Assessment Year 2009-10. The Assessment Was Framed By Jcit (Osd), Circle-4, Kolkata U/S.143(3) Of The Income Tax Act, 1961(Hereinafter Referred To As ‘The Act’.

section 80IE of the Act, the assessee was under the obligation to file Form No.10CCB report along with the return of income, however, we find that the CBDT vide Circular No.3/2009, issued on 21st May, 2009, relaxed the provisions by directing that, “no attachment will be filed along with the return of income”. As there was no mechanism to file

LAXMIDHAN TRADELINK PVT. LTD.,KOLKATA vs. ITO, WARD-2(2), KOLKATA

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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

reassessment proceedings. Further, it was submitted that the Ld. AO had simply relied on the third parties enquiry and statement and the information received from DDIT(Inv)-II, Jodhpur to form a belief that the assessee I.T.A. No.: 1428/KOL/2023 Assessment Year: 2011 -12 Laxmidhan Tradelink Pvt. Ltd. raised bogus share capital and that the income of the assessee had escaped