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124 results for “reassessment u/s 147”+ Depreciationclear

Sorted by relevance

Mumbai687Delhi446Chennai290Bangalore231Jaipur154Ahmedabad140Kolkata124Hyderabad79Pune71Raipur62Indore53Amritsar48Chandigarh42Cuttack39Visakhapatnam34Surat30Lucknow28Cochin22Karnataka17Rajkot16Jodhpur13Guwahati9Panaji8Agra5Patna5Jabalpur4SC4Kerala3Nagpur3Ranchi3Dehradun2Varanasi2Telangana1Calcutta1

Key Topics

Section 147245Section 143(3)179Section 148167Addition to Income61Reassessment53Reopening of Assessment51Section 26348Depreciation41Section 115J

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

ITA 2695/KOL/2024[2013-14]Status: DisposedITAT Kolkata10 Jul 2025AY 2013-14
Section 139(1)Section 143(1)Section 147Section 148

u/s 148 in\nthis case has been issued on assumption, surmises and conjecture and on\nsuspicion for making further verification and fishing enquiries to find out whether\nthere is any escapement of Income I which exercise is required before issuance of\nthe Notice w's 148) and Initiation of reassessment proceedings on such suspicion\n\nPage 15\n\n8\nITA

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

Showing 1–20 of 124 · Page 1 of 7

35
Section 143(1)33
Disallowance32
Section 25026
ITA 1602/KOL/2016[2010-11]Status: DisposedITAT Kolkata03 May 2019AY 2010-11

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

Section 133(6)Section 142(1)Section 143(1)Section 147Section 148Section 68

u/s 260A, the Hon’ble Calcutta High Court in its judgment dated 10.09.2014 had framed the following question of law : “a) Whether the learned Tribunal erred in law in not appreciating that upon formation of the reason to believe that income chargeable to tax has escaped the assessment, the Assessing Officer is empowered to assess or to reassess such income

RAGHUVIR RETAILERS PVT. LTD.,KOLKATA vs. PCIT-2, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 919/KOL/2024[2013-14]Status: DisposedITAT Kolkata11 Feb 2025AY 2013-14

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Pcit-2 Raghuvir Retailers Pvt. Ltd. Aaykar Bhavan P-7, Mandawa Shikhar, 151, Sarat Chowringhee Square, Kolkata- Bose Road, Kolkata-700026, Vs. 700069, West Bengal West Bengal (Respondent) (Appellant) Pan No. Aaecr8231M Assessee By : Shri S.M. Surana, Ar Revenue By : Shri Subhendu Datta, Dr Date Of Hearing: 19.12.2024 Date Of Pronouncement : 11.02.2024

For Appellant: Shri S.M. Surana, ARFor Respondent: Shri Subhendu Datta, DR
Section 147Section 148Section 263Section 69A

reassess the income ofthe petitioner. Consequently, the notice dated 02.04.2022 u/s.148 of the Act issued to the petitioner being invalid and sought to be issued after three years from the end of the relevant assessment year 2015-16 with which we are concerned in this petition, any steps taken by the respondents in furtherance of notice dated 21.03.2022 issued under

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

ITA 2408/KOL/2019[2011-12]Status: DisposedITAT Kolkata21 Nov 2022AY 2011-12

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

Section 133(6)Section 142(1)Section 143(3)Section 147Section 148Section 68

U/s. 148 has been obtained separately from Pr. CIT as per the provisions of sec. 151 of the I.T Act. In this regard I would firstly like to quote section 147 of the Income Tax Act, 1961 which reads as follows: 147. If the[Assessing Officer [ has reason to believe ] that any income chargeable to tax has escaped assessment

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

ITA 2407/KOL/2019[2011-12]Status: DisposedITAT Kolkata21 Nov 2022AY 2011-12

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

Section 133(6)Section 142(1)Section 143(3)Section 147Section 148Section 68

U/s. 148 has been obtained separately from Pr. CIT as per the provisions of sec. 151 of the I.T Act. In this regard I would firstly like to quote section 147 of the Income Tax Act, 1961 which reads as follows: 147. If the[Assessing Officer [ has reason to believe ] that any income chargeable to tax has escaped assessment

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

ITA 93/KOL/2016[2005-06]Status: DisposedITAT Kolkata06 Dec 2017AY 2005-06

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)

Section 143(3)Section 147Section 148

reassessment proceedings in order to correct the mistakes on account of lack of enquiry, deficiency in enquiry, total oversight or inadvertence on the part of the AO, while making the assessment sought to be reopened. 2.6. In the instant case, it is well established that both the figures of building stock as appearing at the beginning of the relevant

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

In the result, assessee’s appeal stands are allowed

ITA 165/KOL/2015[2007-2008]Status: DisposedITAT Kolkata20 Apr 2018AY 2007-2008

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

Section 10(38)Section 143(3)Section 147Section 19(38)

147. If the [Assessing] Officer [has reason to believe] that any income chargeable to tax has escaped assessment for any assessment year, he may, subject to the provisions of sections 148 to 153, assess or reassess such income and also any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently in the course

DEEPAK BAJAJ ,KOLKATA vs. ITO, WARD 40(1), KOLKATA

In the result, the appeal of the assessee is allowed

ITA 569/KOL/2021[2009-10]Status: DisposedITAT Kolkata30 Jun 2022AY 2009-10

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 263

depreciation. The Ld. Counsel for the assessee submitted that the issues as have been raised by the Ld. PCIT in the show cause notice issued u/s 263 of the Act and finally as mentioned in the revisionary order were not the subject matter of the reassessment proceedings which culminated in framing of assessment u/s 143(3) read with 147

DCIT,CIRCLE-1, KOLKATA, KOLKATA vs. M/S CHEVIOT CO. LTD., KOLKATA

In the result, the appeals of revenue are dismissed and COs of assessee are allowed

ITA 530/KOL/2012[2003-2004]Status: DisposedITAT Kolkata20 Jan 2016AY 2003-2004

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

For Appellant: Shri Manish Tiwari, FCAFor Respondent: Shri Anil Kr. Pande, JCIT, Sr. DR
Section 10BSection 143(3)Section 147Section 148

depreciation or any other allowance as the case may be for the assessment year 2003-04, a proceedings u/s. 147 of the IT Act is initiated by issue of a notice u/s 148 of the IT Act.” The AO framed reassessment

ACIT (OSD), WARD - 12(3), KOLKATA, KOLKATA vs. M/S. AMRABATHI INVESTRA PVT. LTD., KOLKATA

In the result, the appeal of the assessee is allowed and the appeal of the revenue is dismissed

ITA 365/KOL/2018[2009-10]Status: DisposedITAT Kolkata12 Jun 2020AY 2009-10

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.231/Kol/2018 ("नधा"रणवष" / Assessment Year:2009-10)

For Appellant: Shri Subash Agarwal, AdvocateFor Respondent: Shri Ram Bilash Meena, CIT
Section 131Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 68

reassessment proceedings are not valid and the same should be quashed. 10.On the other hand, the ld. DR for the Revenue has primarily reiterated the stand taken by the Assessing Officer which we have already noted in our earlier para and the same is not being repeated for the sake of brevity. 11. We have heard both the parties

AMRABATHI INVESTRA PVT. LTD.,KOLKATA vs. ITO, WARD - 12(3), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed and the appeal of the revenue is dismissed

ITA 231/KOL/2018[2009-10]Status: DisposedITAT Kolkata12 Jun 2020AY 2009-10

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.231/Kol/2018 ("नधा"रणवष" / Assessment Year:2009-10)

For Appellant: Shri Subash Agarwal, AdvocateFor Respondent: Shri Ram Bilash Meena, CIT
Section 131Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 68

reassessment proceedings are not valid and the same should be quashed. 10.On the other hand, the ld. DR for the Revenue has primarily reiterated the stand taken by the Assessing Officer which we have already noted in our earlier para and the same is not being repeated for the sake of brevity. 11. We have heard both the parties

DCIT, CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. MURLIDHAR RATANLAL EXPORTS LTD, KOLKATA

Appeal of the Revenue is dismissed

ITA 2541/KOL/2024[2008-09]Status: DisposedITAT Kolkata02 Sept 2025AY 2008-09

Bench: 30th day of September 2007.

Section 143(3)Section 147Section 148Section 250Section 32

reassessment proceeding u/s 147, after expiry of 4 years from end of relevant assessment year, in a case where assessment u/s already been completed. 4 Murlidhar Ratanlal Exports Ltd. 4.3.12 Therefore, in view of the facts and circumstances as discussed above and relevant laws applicable in this case, I am of firm view that the depreciation

ACIT, CIR-40, KOLKATA, KOLKATA vs. SUNDARLAL MOHANLAL SARDA & OTHERS, KOLKATA

In the result, Revenue’s appeal is dismissed as infructuous

ITA 116/KOL/2014[2007-08]Status: DisposedITAT Kolkata31 Oct 2017AY 2007-08

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :007-08

Section 147Section 148

u/s 147 of the Act is invalid by observing as under:- “I have considered facts of the case, the remand report of the AO as well as the arguments advanced on behalf of the appellant. In this case, the return filed by the appellant declaring loss of Rs.14,95,34,954/- was processed under

ACIT, CENTRAL CIRCLE - 4(3), KOLKATA vs. M/S. GRD COMMODITIES LTD., , KOLKATA

In the result, the appeals of the Revenue are dismissed and the cross objections of assessee are allowed

ITA 2277/KOL/2018[2014-15]Status: DisposedITAT Kolkata04 Dec 2020AY 2014-15

Bench: Shri P.M. Jagtap(Kz) &Shri A. T. Varkey, Jm] It(Ss)A Nos.120 To123/Kol/2018 Assessment Years: 2009-10 To 2012-13

Section 132Section 133ASection 143Section 143(3)Section 147Section 148Section 153A

u/s 143(3) of the Act, beyond four years. In this regard, it is first pertinent to examine the relevant provision of the Act i.e., Section 147 of the Act which reads as under: “147. If the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may, subject

RAJATGIRI OIL INDUSTRIES,KOLKATA vs. ACIT, KOLKATA

In the result, all the appeals of the assessee are dismissed

ITA 334/KOL/2023[2009-10]Status: DisposedITAT Kolkata05 Feb 2024AY 2009-10

Bench: Shri Sanjay Garg & Shri Girish Agrawal

For Appellant: Shri Somnath Banerjee, AdvocateFor Respondent: Shri B. K. Singh, JCIT, Sr. DR
Section 143(3)Section 147

depreciation on block of assets had been examined by the Ld. AO in the original assessment proceedings and hence, opinion formed on this issue is nothing but change of opinion. 5.5. After considering the submisisons made by the assessee, Ld. CIT(A) arrived at his findings to hold that case of the assessee was of return processed u/s

RAJATGIRI OIL INDUSTRIES,KOLKATA vs. ACIT, KOLKATA

In the result, all the appeals of the assessee are dismissed

ITA 335/KOL/2023[2010-11]Status: DisposedITAT Kolkata05 Feb 2024AY 2010-11

Bench: Shri Sanjay Garg & Shri Girish Agrawal

For Appellant: Shri Somnath Banerjee, AdvocateFor Respondent: Shri B. K. Singh, JCIT, Sr. DR
Section 143(3)Section 147

depreciation on block of assets had been examined by the Ld. AO in the original assessment proceedings and hence, opinion formed on this issue is nothing but change of opinion. 5.5. After considering the submisisons made by the assessee, Ld. CIT(A) arrived at his findings to hold that case of the assessee was of return processed u/s

RAJATGIRI OIL INDUSTRIES,KOLKATA vs. ACIT, KOLKATA

In the result, all the appeals of the assessee are dismissed

ITA 337/KOL/2023[2016-17]Status: DisposedITAT Kolkata05 Feb 2024AY 2016-17

Bench: Shri Sanjay Garg & Shri Girish Agrawal

For Appellant: Shri Somnath Banerjee, AdvocateFor Respondent: Shri B. K. Singh, JCIT, Sr. DR
Section 143(3)Section 147

depreciation on block of assets had been examined by the Ld. AO in the original assessment proceedings and hence, opinion formed on this issue is nothing but change of opinion. 5.5. After considering the submisisons made by the assessee, Ld. CIT(A) arrived at his findings to hold that case of the assessee was of return processed u/s

RAJATGIRI OIL INDUSTRIES,KOLKATA vs. ACIT, KOLKATA

In the result, all the appeals of the assessee are dismissed

ITA 336/KOL/2023[2013-14]Status: DisposedITAT Kolkata05 Feb 2024AY 2013-14

Bench: Shri Sanjay Garg & Shri Girish Agrawal

For Appellant: Shri Somnath Banerjee, AdvocateFor Respondent: Shri B. K. Singh, JCIT, Sr. DR
Section 143(3)Section 147

depreciation on block of assets had been examined by the Ld. AO in the original assessment proceedings and hence, opinion formed on this issue is nothing but change of opinion. 5.5. After considering the submisisons made by the assessee, Ld. CIT(A) arrived at his findings to hold that case of the assessee was of return processed u/s

EPCOS INDIA PRIVATE LIMITED,NADIA vs. A.C.I.T CIR - 11,KOLKATA, KOLKATA

In the result the appeal of the assesee is allowed

ITA 1921/KOL/2013[1998-99]Status: DisposedITAT Kolkata20 Jul 2016AY 1998-99

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] I.T.A No. 1921/Kol/2013 Assessment Year : 1998-99 Epcos India Pvt. Ltd. -Vs.- A.C.I.T., Circle-11, Kolkata Kolkata [Pan : Aaaci 6950 Q] (Appellant) (Respondent) For The Appellant : Shri Anup Sinha, Ar For The Respondent : Shri Debashis Lahiri, Jcit, Sr.Dr

For Appellant: Shri Anup Sinha, ARFor Respondent: Shri Debashis Lahiri, JCIT, Sr.DR
Section 115JSection 143(3)Section 147

reassess such income and also any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently in the course of the proceedings under this section, or recompute the loss or the depreciation allowance or any other allowance, as the case may be, for the assessment year; concerned . Provided that where an assessment under

PATAKA INDUSTRIES PVT. LTD.,KOLKATA vs. ACIT, CIRCLE-8(2), KOLKATA PRESENTLY CIRCLE-7(1), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

ITA 342/KOL/2022[2010-11]Status: DisposedITAT Kolkata21 Mar 2024AY 2010-11

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2010-11

For Appellant: Shri Anil Kochar, AdvocateFor Respondent: Shri Prabhakar Prakash Ranjan, Addl. CIT
Section 133ASection 143(3)Section 147Section 148Section 154Section 201(1)Section 40

reassessment u/s. 147 on the issue of non-deduction of tax at source on cretins expenses claimed as deduction which is beyond the lapse of four years and that there is no failure on the part of the assessee in disclosing all the relevant material facts in the course of assessment proceedings. 4. Brief facts of the case are that