SUBODH CHANDRA DAS,HOOGHLY vs. I.T.O.,WARD-23(3), HOOGHLY

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

Bench: Sri J. Sudhakar Reddy, Hon’Ble) Ita No. 2246 & 2247/Kol/2019 Assessment Years: 2011-12 & 2012-13

u/s 144 of the Act may not be proper. 6.1. For the assessment year 2012 For the assessment year 2012-13, he submitted that the issue may be set aside to 13, he submitted that the issue may be set aside to the ld. CIT(A) on merits for verification of the evidences filed by the assessee

SUSHIL MITRUKA,DARJEELING vs. DCIT, CIRCLE 1, , SILIGURI

In the result, the appeal of the Revenue is dismissed and the appeals of the assessee are allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

cash deposit and ₹37,53,227/- on account of construction expenses thereby assessing the income of ₹1,38,68,297/- vide assessment order dated 26.09.2022, passed u/s 147 read with section 144B of the Act. ITA Nos. 2178,1630,1630 & 1631/KOL/2025 Sushil Mitruka; AYs 2014-15, 15-16, 16-17 & 17-18 2.2. In the appellate proceedings

SUSHIL MITRUKA,SILIGURI vs. DCIT, CIRCLE 1, , SILIGURI

In the result, the appeal of the Revenue is dismissed and the appeals of the assessee are allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

cash deposit and ₹37,53,227/- on account of construction expenses thereby assessing the income of ₹1,38,68,297/- vide assessment order dated 26.09.2022, passed u/s 147 read with section 144B of the Act. ITA Nos. 2178,1630,1630 & 1631/KOL/2025 Sushil Mitruka; AYs 2014-15, 15-16, 16-17 & 17-18 2.2. In the appellate proceedings

DCIT, CIRCLE-1, SILIGURI, SILIGURI vs. SUSHIL MITRUKA, SILIGURI

In the result, the appeal of the Revenue is dismissed and the appeals of the assessee are allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

cash deposit and ₹37,53,227/- on account of construction expenses thereby assessing the income of ₹1,38,68,297/- vide assessment order dated 26.09.2022, passed u/s 147 read with section 144B of the Act. ITA Nos. 2178,1630,1630 & 1631/KOL/2025 Sushil Mitruka; AYs 2014-15, 15-16, 16-17 & 17-18 2.2. In the appellate proceedings

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

reassessment starts only after serving of notice u/s 148 of the Act i.e. nine (9) months from the end of financial year in which the notice u/s 148 of the Act was served upon the 9 A.Y 2009-10 M/s. Alembic Merchants P.Ltd assessee. Therefore, admittedly in this case, the notice u/s. 148 of the Act was served upon

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

u/s\n147 cannot be initiated merely on the basis of 'reason to suspect'.\nIt is also held in the sald case that it is well established law that the \"reason to\nbelieve\" for the purpose of Sec 147 does not mean \"reason to suspect\" only.\nThere should be something more than suspicion. Though the material may not be\nsufficient

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]

u/s. 148 of the Act for reopening the assessment, which proposed action of AO was objected to by the assessee on 21.02.2017, which was brushed aside and the reassessment order was passed on 27.12.2017. Since the legal challenge is in respect of the very action of the AO to invoke the jurisdiction to reopen the assessment, as stated above

SUSHIL MITRUKA,DARJEELING vs. DCIT, CIRCLE 1, , SILIGURI

In the result, the appeal of the Revenue is dismissed and the appeals\nof the assessee are allowed

Bench: Shri Rajesh Kumar, Am\Nand\Nshri Pradip Kumar Choubey, Jm\Nita Nos.2178, 1630 & 1631/Kol/2025\N(Assessment Years: 2014-15, 2015-16 & 2016-17)\Nsushil Mitruka\Ng208, City Centre, Office Block,\Np.O. Matigara, Siliguri,\Ndarjeeling, Siliguri-734010,\Nwest Bengal\N(Appellant)\Nvs.\Ndcit, Circle 1,\Naaykar Bhawan, Matigara,\Nsiliguri-734004,\Nwest Bengal\N(Respondent)\Npan No. Accpa9340F\Nita No. 1613/Kol/2025\N(Assessment Years: 2017-18)\Ndcit, Circle 1,\Naaykar Bhawan, Matigara,\Nsiliguri-734004,\Nwest Bengal\N(Appellant)\Nvs.\Nsushil Mitruka\Ng208, City Centre, Office Block,\Np.O. Matigara, Siliguri,\Ndarjeeling, Siliguri-734010,\Nwest Bengal\N(Respondent)\Nassessee By\Nshri Sk Tulsian, Ar\Nrevenue By\Nshri S.B. Chakraborthy, Dr\Ndate Of Hearing:\N03.12.2025\Ndate Of Pronouncement:\N18.12.2025\Norder\Nper Rajesh Kumar, Am:\Nthese Appeals Preferred By The Assessee & Revenue Against\Nthe Orders Of The National Faceless Appeal Centre, Delhi (Hereinafter\Nreferred To As The “Ld. Cit(A)”] Dated 28.08.2025, 27.05.2025 For A.Y.\N2014-15, 2015-16, 2016-17 & 2017-18. Since The Appeals Are Relating\Nto Same Assessee & Involves Commons Issues, Therefore All These\Nappeals Are Decided By This Consolidated Order For The Sake Of Brevity.\Npage 2\Nita Nos.2178,1630,1630 & 1631/Kol/2025\Nsushil Mitruka; Ays 2014-15, 15-16, 16-17 & 17-18\Nfirst Of All We Shall Take Ita No. 2178/Kol/2025 A.Y. 214-15 For\Nadjudication.\Nα.Υ. 2014-15\Nita No. 2178/Kol/2025\N2.\Nthe Issue Raised In Ground No.1 Is Against The Order Of Ld. Cit (A)\Nupholding The Reopening Of Assessment, Which Was Based Upon\Nborrowed Satisfaction Without Examining The Records & Without\Napplication Of Mind & Accordingly, The Reopening Of Assessment Bas\Nbad In Law.\N2.

deposit and ₹37,53,227/- on account of construction expenses\nthereby assessing the income of ₹1,38,68,297/- vide assessment\norder dated 26.09.2022, passed u/s 147 read with Section 144B of the\nAct.\nPage 3\nITA Nos.2178,1630,1630 & 1631/KOL/2025\nSushil Mitruka; AYs 2014-15, 15-16, 16-17 & 17-18\n2. 2. In the appellate proceedings

SHYAMA SHREE,ASANSOL vs. I.T.O., WARD - 1(1),, ASANSOL

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

Bench: Shri George Mathan & Shri Rakesh Mishra

cash deposits relate to PAN ACMPA3683P and the fact that there was no escapement of income within the meaning of section 147 of I.T. Act, 1961 in the hands of the appellant 2. Because that the ld. Commissioner of Income Tax (Appeals) erred in law as well as in facts in upholding the reassessment order u/s

DCIT, CIRCLE-12(1), KOLKATA, KOLKATA vs. M/S DOTEX MERCHANDISE PVT. LTD., KOLKATA

In the result, appeal of the Revenue is dismissed and the cross objections are also dismissed as infructuous

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

deposit of money in the assessee’s bank account in the form of proceeds of sale of shares represented assessee’s income which had escaped assessment in AY 2010-11. 4.6 On scrutiny of the impugned order u/s 143(3)/147, I however find that in the course of reassessment proceedings the AO conducted enquiry only with regard to shares

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"

cash deposits in order to adjust the income/Losses in their return of income which needs to be included in their income. Hence the undersigned considers the above case fit for issue of Notice u/s 148 of the I. T. Act for assessment year 2011-12. As such , I seek your kind approval for re-opening of the above mentioned case

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"

cash deposits in order to adjust the income/Losses in their return of income which needs to be included in their income. Hence the undersigned considers the above case fit for issue of Notice u/s 148 of the I. T. Act for assessment year 2011-12. As such , I seek your kind approval for re-opening of the above mentioned case

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

deposited in the bank account of M/s Miracle which in-turn has been routed to the assessee through third party in the form of share subscription to the tune of Rs. 8.34 crores which fact was found by Ld. PCIT to be absent. So, the AO’s belief of escapement of income was on wrong assumption of facts

ITO,WARD-41(2),KOLKATA, KOLKATA vs. SHRI SUBRATA SAHA, KOLKATA

In the result the appeal of the revenue is dismissed

Bench: Hon’Ble Shri P.M.Jagtap, Am & Sri N.V.Vasudevan, Jm ]

cash deposit.” 7. Apart from the above findings on merits the assessee also challenged the validity of order of assessment passed by the AO on the ground that no notice u/s 143(2) was issued after assessee filed the return of income in the proceedings u/s 147 of the Act. On the above submission the CIT(A) held as follows

BHAIRABLANA SAMABAY KRISHI UNNAYAN SAMITY LIMITED ,VILL- HATBELE, POST- HATBELE vs. ASSESSING OFFICER, ASSESSMENT UNIT, INCOME TAX DEPARTMENT, NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

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

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2018-19

Reassessment of escapement of income was based on the following points 1. The Assessee is a non-filer of Income Tax Return for the Assessment Year 2018- 19. ii. Cash Deposits of Rs 6115617.00 in one or more accounts (other than current account and time deposits). iii. Time Deposit (other than the time deposit made through renewal of another time

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]

reassessment vide order dated 18.09.2017 after the DRP direction on 29.08.2017 wherein the ld DRP did not adjudicate the legal issue raised before it on the reasoning that the ld DRP does not have the power to annul the assessment. Aggrieved by the aforesaid decision of ld DRP and assailing the action of the AO in assuming jurisdiction to reopen

M/S. EMTA COAL LTD.,( ERSTWHILE KNOWN AS M/S. EASTERN MINERAL & TRADING AGENCY ) ,KOLKATA vs. ACIT, CENTRAL CIRCLE - 3(1) , KOLAKTA

In the result, the appeal of the assessee is allowed

Bench: Sri J. Sudhakar Reddy, Hon’Ble & Sri Aby T. Varkey, Hon’Ble) Assessment Year: 2010-11 M/S. Emta Coal Ltd…………………………………………..............................…….............Appellant 5B, Nandlal Basu Sarani Kolkata – 700 071 [Pan : Aacce 3506 G]

cash deposits of Rupees Ten Lakhs (Rs. 10,00,000/-) in his bank account, time deposits of Rupees Eleven Lakhs Five Thousand Five Hundred Eighty Six account, time deposits of Rupees Eleven Lakhs Five Thousand Five Hundred Eighty Six account, time deposits of Rupees Eleven Lakhs Five Thousand Five Hundred Eighty Six 13 Assessment Year: 2010-11 M/s. Emta Coal

ASIF KHAN,KOLKATA vs. ITO,WARD-32(3),KOL, KOLKATA

In the result, the appeal filed by the assessee in ITA No

Bench: Shri Manish Borad&Shri Anikesh Banerjee]

reassessment proceedings.” 7. The ld. DR vehemently argued and relied on the orders of revenue authorities. The relevant paragraphs of appeal order are reproduced as below: - 6.4 lit is seen from the above facts that the appellant has given evasive replies and not submitted the necessary supporting documents to Substantiate his claim that the aforesaid cash deposits were explained