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4 results for “reassessment”+ Section 72A(2)clear

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Mumbai15Chennai10Ahmedabad5Kolkata4Pune2Bangalore2Hyderabad2Jaipur2Jodhpur1

Key Topics

Section 1534Section 1483Section 143(3)3Reopening of Assessment3Disallowance3Addition to Income3Carry Forward of Losses3Section 2502Section 372

BANGIYA GRAMIN VIKASH BANK,MURSHIDABAD vs. ACIT, CIR.42, MURSHIDABAD

In the result, appeal of the assessee for Assessment Year 2008-09 is partly allowed

ITA 2580/KOL/2019[2007-08]Status: DisposedITAT Kolkata15 Mar 2023AY 2007-08

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 2580 & 2581/Kol/2019 Assessment Years: 2007-08 & 2008-09 Bangiya Gramin Vikash Bank Asstt. Commissioner Of Income Vs Tax, Circle - 42, Murshidabad Nh-34, Bmc House P.O. Chuanpur, Berhampore Murshidabad - 742101 [Pan : Aaalb0462D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Soumitra Choudhury & Shri Pranabesh Sarkar, Advocate Revenue By : Shri Ranu Biswas, Addl. Cit D/R सुनवाई क" तारीख/Date Of Hearing : 02/03/2023 घोषणा क" तारीख /Date Of Pronouncement: 15/03/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals) - 12, Kolkata (Hereinafter The “Ld. Cit(A)”) Even Dated 26/09/2019, Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), For Assessment Years 2007-08 & 2008-09. 2. The Assessee Has Raised The Following Grounds Of Appeal For The Assessment Year 2007-08:- “1. For That On The Facts Of The Case, The Order Passed By The Ld. Cit(A)-12, Kolkata Is Completely Arbitrary, Unjustified & Illegal & Without Any Jurisdiction. 2. For That On The Facts Of The Case, The Ld. C.I.T. (A) Was Wrong In Not Considering The Merit Of The Case, Therefore, The Order Passed By The Ld. C.I.T. (A) Is Completely Arbitrary, Unjustified & Illegal. 3. For That On The Facts Of The Case, The Ld. C.I.T. (A) Was Wrong In Not Considering The Facts That In Reopening The Assessment U/S. 148 (R.W.S. 147)

For Appellant: Shri Soumitra Choudhury & Shri Pranabesh SarkarFor Respondent: Shri Ranu Biswas, Addl. CIT D/R
Section 148
Section 1472
Penalty2
Set Off of Losses2
Section 250
Section 37

reassessment proceedings, the claim of set off of brought forward loss was examined. The ld. Assessing Officer was of the view that provisions of Section 72AA of the Act applies to the banking companies and do not apply to Regional Rural Banks and further provisions of Section 72AB of the Act, through which brought forward of loss on account

BANGIYA GRAMIN VIKASH BANK,MURSHIDABAD vs. ACIT, CIR.42, MURSHIDABAD

In the result, appeal of the assessee for Assessment Year 2008-09 is partly allowed

ITA 2581/KOL/2019[2008-09]Status: DisposedITAT Kolkata15 Mar 2023AY 2008-09

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 2580 & 2581/Kol/2019 Assessment Years: 2007-08 & 2008-09 Bangiya Gramin Vikash Bank Asstt. Commissioner Of Income Vs Tax, Circle - 42, Murshidabad Nh-34, Bmc House P.O. Chuanpur, Berhampore Murshidabad - 742101 [Pan : Aaalb0462D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Soumitra Choudhury & Shri Pranabesh Sarkar, Advocate Revenue By : Shri Ranu Biswas, Addl. Cit D/R सुनवाई क" तारीख/Date Of Hearing : 02/03/2023 घोषणा क" तारीख /Date Of Pronouncement: 15/03/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals) - 12, Kolkata (Hereinafter The “Ld. Cit(A)”) Even Dated 26/09/2019, Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), For Assessment Years 2007-08 & 2008-09. 2. The Assessee Has Raised The Following Grounds Of Appeal For The Assessment Year 2007-08:- “1. For That On The Facts Of The Case, The Order Passed By The Ld. Cit(A)-12, Kolkata Is Completely Arbitrary, Unjustified & Illegal & Without Any Jurisdiction. 2. For That On The Facts Of The Case, The Ld. C.I.T. (A) Was Wrong In Not Considering The Merit Of The Case, Therefore, The Order Passed By The Ld. C.I.T. (A) Is Completely Arbitrary, Unjustified & Illegal. 3. For That On The Facts Of The Case, The Ld. C.I.T. (A) Was Wrong In Not Considering The Facts That In Reopening The Assessment U/S. 148 (R.W.S. 147)

For Appellant: Shri Soumitra Choudhury & Shri Pranabesh SarkarFor Respondent: Shri Ranu Biswas, Addl. CIT D/R
Section 148Section 250Section 37

reassessment proceedings, the claim of set off of brought forward loss was examined. The ld. Assessing Officer was of the view that provisions of Section 72AA of the Act applies to the banking companies and do not apply to Regional Rural Banks and further provisions of Section 72AB of the Act, through which brought forward of loss on account

DCIT, CIRCLE - 48, KOLKATA, KOLKATA vs. SANJAY JAISWAL, HOWRAH

In the result, the cross objection of the assessee is allowed , appeals of the assessee and revenue are dismissed as infructuous

ITA 1649/KOL/2010[2004-05]Status: DisposedITAT Kolkata23 Mar 2016AY 2004-05

Bench: : Shri N.V.Vasudevan & Shri M. Balaganesh

For Appellant: Shri Gopal Ram Sharma, Advocate, ld.ARFor Respondent: Shri Debasish Lahiri, JCIT, ld. Sr.DR
Section 143Section 143(3)Section 153Section 153(3)Section 254

72A of the Act in case of ITA Nos.1649/K/2010, CO No. 162/K/2010 3 & ITA No. 1676/K/2010 Sanjay Jaiswal-A-AM amalgamation, it was held that – it is clear that the tax statute should be interpreted very strictly as there is no equity in tax matters and nothing can be read which is not in the section. 2.5. We have heard

DCIT, CIRCLE - 11(1), KOLKATA , KOLKATA vs. M/S. HINDUSTHAN UDYOG LTD., , KOLKATA

In the result, the appeal of the Revenue is dismissed and the cross objection of the assessee is also dismissed as rendered infructuous

ITA 1776/KOL/2018[2009-10]Status: DisposedITAT Kolkata21 Feb 2020AY 2009-10

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1776/Kol/2018 ("नधा"रणवष" / Assessment Year:2009-10)

For Appellant: Smt. Ranu Biswas, Addl. CITFor Respondent: Shri R.P. Agarwal, Sr. Advocate & Shri Nirav Sheth, FCA
Section 143(3)Section 147Section 148Section 72ASection 79

72A and Section 79 read with Rule 9C of the I.T. Act on account of brought forward loss from depreciation of amalgamated company. 2. That on the fact and in the circumstances of the case the ld. CIT(A) erred acknowledging and accepting all the contention made before him by the assessee without acknowledging the point raised by the Assessing