DIPTI MEHTA ,KOLKATA vs. ITO, WARD - 43(2), , KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

income, hence the case is re-opened u/s 147 of the I.T. Act, 1961.” 4. Thereafter, the AO issued notice u/s 148 on 03.02.2014. The assessee after perusal of the reasons recorded objected to the reopening. However the AO proceeded to pass the reassessment order on 28.02.2015 wherein the AO made addition

DCIT, CENTRAL CIRCLE - 1(1), KOLKATA , KOLKATA vs. M/S. ALEMBIC MERCHANTS PVT. LTD., , KOLKATA

In the result, the appeal of revenue fails

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Hon’Ble Shri A. T. Varkey, Jm Assessment Year: 2009-10 Dcit, Central Cir-1(1), Kolkata Vs. M/S. Alembic Merchants Pvt. Ltd Pan: Aacca 0918Q Appellant Respondent

income of the assessee has escaped the assessment. It is the case of the assessee that in the assessment order passed u/s 147 of the Act, the AO did not make any addition on account of unexplained investment in construction. It is the plea of the assessee that when no addition is made on the grounds on which re-assessment

M/S VINAYAK FINANCIAL CONSULTANTS PRIVATE LIMITED,KOLKATA vs. D.C.I.T., CENTRAL CIRCLE-4(1), KOLKATA

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

Reassessment proceedings merely on Borrowed satisfaction and not\nbased on own findings:\n13.1 We would like to further submit here that it is also well-established law that the\nsatisfaction with respect to escapement of assessment of Income must be of the\nA.O. himself and not a borrowed satisfaction. If the proceedings u/s 147 is initiated\non the satisfaction recorded

ANANDA PAUL,KOLKATA vs. ACIT, CIRCLE-50, KOLKATA, KOLKATA

In the result, assessee’s appeal stands are allowed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2007-08 Ananda Paul V/S. Acit, Circle-50, Cf-125, Salt Lake City, Manicktala Civic Centre, Kolkata-64 Uttarpan Complex, Ds- [Pan No.Afkpp 2201 D] 2&3, Kolkata-54 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri S.K. Tulsiyan, Advocate अपीलाथ" क" ओर से/By Appellant Shri S. Dasagupta, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 12-02-2018 सुनवाई क" तार"ख/Date Of Hearing 20-04-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-Xxxii, Kolkata Dated 05.11.2014. Assessment Was Framed By Acit, Circle-50 Kolkata U/S 147/143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 30.12.2011 For Assessment Year 2007-08. Shri, S.K. Tulsiyan, Ld. Advocate Appeared On Behalf Of Assessee & Shri S. Dasgupta, Ld. Departmental Representative Appeared On Behalf Of Revenue. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1) That On The Fats & In The Circumstances Of The Case, The Ld. Cit(A) Erred In Not Treating The Re-Assessment Proceeding U/S 143(3)/147 Of The It Act, 1961 As Invalid, Bad In Law, Unjust & Contrary To The Facts & Law. 2) That On The Facts & In Respect To The Circumstances Of Thee Case, The Ld. Cit(A) Erred In Confirming The Assessment Order Passed U/S. 143(3)/147 Of The It Act, 1961 By The Ld. Ao As Proper & Valid Without Considering The

additional grounds of appeal and the grounds numbers 1, 2 & 3 raised by the assessee along with the memo of appeal in Form No. 36. 5. The assessee has challenged the validity of the reassessment proceedings initiated u/s 147 of the Act. 6. Briefly stated facts are that the assessee is an individual and deriving his income

THE UNITED PROVINCES SUGAR COMPANY LTD., ,KOLKATA vs. ITO, WARD - 12(2), KOLKATA

In the result, appeal of the assessee is allowed

reassessment proceedings the ITO made addition to the assessee's income to the extent of Rs. 2,45,000 on account of addition to the assessee's income to the extent of Rs. 2,45,000 on account of addition to the assessee's income to the extent of Rs. 2,45,000 on account of ostensible transactions in hundi

DCIT, CIRCLE - 6(1), KOLKATA , KOLKATA vs. M/S. GAURAV ROSE REAL ESTATE PVT. LTD., , KOLKATA

In the result, the appeals of the revenue are dismissed and the cross objection of the different assessees are also dismissed

Bench: Shri Sanjay Garg & Shri Rajesh Kumar] "ी संजय गग" "या"यक सद"य एवं "ी राजेश कुमार, लेखा सद"य के सम"

reassessment of escaped income u/s 147 of the Act is required and in para 5 of the reasons record he has stated that there was a failure on the part of the assessee to disclose fully and truly the facts qua the said transaction and therefore this income has escaped income. We have perused the reason recorded carefully which

D.C.I.T.,CIRCLE-6(1), KOLKATA vs. M/S G.K.ISPAT PRIVATE LIMITED , KOLKATA

In the result, the appeals of the revenue are dismissed and the cross objection of the different assessees are also dismissed

Bench: Shri Sanjay Garg & Shri Rajesh Kumar] "ी संजय गग" "या"यक सद"य एवं "ी राजेश कुमार, लेखा सद"य के सम"

reassessment of escaped income u/s 147 of the Act is required and in para 5 of the reasons record he has stated that there was a failure on the part of the assessee to disclose fully and truly the facts qua the said transaction and therefore this income has escaped income. We have perused the reason recorded carefully which

SRI UDIT KUMAR DUGAR ,KOLKATA vs. ITO, WARD - 36(4), KOLKATA , KOLKATA

In the result, the appeal of assessee is allowed

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

income of the assessee has escaped the assessment. It is the case of the assessee that in the assessment order passed u/s 147 of the Act, the AO did not make any addition on account of unexplained investment in construction. It is the plea of the assessee that when no addition is made on the grounds on which re-assessment

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

Income Tax Act: Not readily available from the record”. The ld. counsel referring to the aforesaid facts on the file has submitted that reopening of the assessment in this case was done without taking approval of the competent authority u/s 151 of the Act. He, therefore, has submitted that the reassessment order passed by the Assessing Officer u/s 147

PANDROL RAHEE TECHNOLOGIES PVT. LTD., ,KOLKATA vs. ITO, WARD - 8(3), KOLKATA , KOLKATA

In the result, appeals filed by the assessee in ITA Nos

Bench: Shri S. S. Godara, Jm & Dr. A.L. Saini, Am

147 of the I.T. Act was initiated and notice u/s 148 was issued on 31.03.2014. During the assessment stage, the assessee challenged the reassessment but the assessing officer rejected the contention of the assessee and framed the assessment u/s 143(3)/147 of the Act by making additions under the head unexplained cash credit to the tune of Rs.20

PANDROL RAHEE TECHNOLOGIES PVT. LTD., ,KOLKATA vs. ITO, WARD - 8(3), KOLKATA , KOLKATA

In the result, appeals filed by the assessee in ITA Nos

Bench: Shri S. S. Godara, Jm & Dr. A.L. Saini, Am

147 of the I.T. Act was initiated and notice u/s 148 was issued on 31.03.2014. During the assessment stage, the assessee challenged the reassessment but the assessing officer rejected the contention of the assessee and framed the assessment u/s 143(3)/147 of the Act by making additions under the head unexplained cash credit to the tune of Rs.20

PANDROL RAHEE TECHNOLOGIES PVT. LTD., ,KOLKATA vs. ITO, WARD - 8(3), KOLKATA , KOLKATA

In the result, appeals filed by the assessee in ITA Nos

Bench: Shri S. S. Godara, Jm & Dr. A.L. Saini, Am

147 of the I.T. Act was initiated and notice u/s 148 was issued on 31.03.2014. During the assessment stage, the assessee challenged the reassessment but the assessing officer rejected the contention of the assessee and framed the assessment u/s 143(3)/147 of the Act by making additions under the head unexplained cash credit to the tune of Rs.20

PANDROL RAHEE TECHNOLOGIES PVT. LTD., ,KOLKATA vs. ITO, WARD - 8(3), KOLKATA , KOLKATA

In the result, appeals filed by the assessee in ITA Nos

Bench: Shri S. S. Godara, Jm & Dr. A.L. Saini, Am

147 of the I.T. Act was initiated and notice u/s 148 was issued on 31.03.2014. During the assessment stage, the assessee challenged the reassessment but the assessing officer rejected the contention of the assessee and framed the assessment u/s 143(3)/147 of the Act by making additions under the head unexplained cash credit to the tune of Rs.20

PANDROL RAHEE TECHNOLOGIES PVT. LTD., ,KOLKATA vs. ITO, WARD - 8(3), KOLKATA , KOLKATA

In the result, appeals filed by the assessee in ITA Nos

Bench: Shri S. S. Godara, Jm & Dr. A.L. Saini, Am

147 of the I.T. Act was initiated and notice u/s 148 was issued on 31.03.2014. During the assessment stage, the assessee challenged the reassessment but the assessing officer rejected the contention of the assessee and framed the assessment u/s 143(3)/147 of the Act by making additions under the head unexplained cash credit to the tune of Rs.20

M/S. DEVANSH EXPORTS,KOLKATA vs. ACIT, CIRCLE - 32, KOLKATA, KOLKATA

In the result, the appeal of assessee is allowed

Bench: "ी जे. सुधाकर रे"डी, लेखा सद"य एवं/And "ी ऐ. ट". वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

income of the assessee has escaped the assessment. It is the case of the assessee that in the assessment order passed u/s 147 of the Act, the AO did not make any addition on account of unexplained investment in construction. It is the plea of the assessee that when no addition is made on the grounds on which re-assessment

ARISTOCRAT RESIDENCES LLP ,KOLKATA vs. INCOME TAX OFFICER WARD 34 (1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Sonjoy Sarma, Jm Income Tax Officer, Ward Aristocrat Residences Llp 34(1) 2 Oswal Chambers Church Lane Aaykar Bhavan, Bbd Bagh, Kolkata-700001 Vs. Kolkata-700107 West Bengal West Bengal (Appellant) (Respondent) Pan No. Aavfa9997R Assessee By : Dr. Kapil Goel, Ar Revenue By : H. Robindro Singh, Dr Date Of Hearing: 06.02.2025 Date Of Pronouncement : 01.04.2025

u/s 132(1) on some other person. The case of the assessee find force from the decision of the Hon'ble Bombay High Court in case of Sejal Jewellary and Anr. Vs. Union & Ors and Others (supra), wherein the Hon'ble court has held as under:- “12. We have heard learned counsel for the parties and with their assistance

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA, KOLKATA vs. M/S. BHAVYA MERCHANDISE PVT. LTD., , KOLKATA

In the result, appeals by the revenue are dismissed and cross-objections by the assessee are allowed

147, the intention of the legislature and the scheme of the Act for making assessment u/s 153A where search u/s 132 is initiated, is same i.e. in order to make assessment of total income, after having assumed the jurisdiction to assess total income, the powers of AO shall not remain restricted to mere those material which were seized during search

M/S PARAMOUNT PROPERTIES & ESTATE DEVELOPMENTS LTD.,KOLKATA vs. ITO, WD-3(1), KOLKATA, KOLKATA

In the result, appeal of assessee is allowed on legal grounds

Bench: Shri A. T. Varkey & Shri Waseem Ahmedi.T.A. No.93/Kol/2016 Assessment Year 2005-06 M/S. Paramount Properties & I.T.O., Wd-3(1), Kolkata. P-7, Chowringhee Square, Estate Developments Ltd. -Vs- Kolkata – 700 069. 3, Pretoria Street, 4Th Floor, Kolkata – 700 071. [Pan : Aabcp 8731 B] (Appellant) (Respondent)

income chargeable to tax has escaped assessment of A.Y 2005-06, which requires reassessment u/s 147 of the IT Act. In this case four years have been elapsed from the end of relevant assessment year but the case falls clause (b) of section 149(1) of the IT Act, as such time limit for issue of notice u/s