DCIT, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. SURESH KUMAR BANTHIA, KOLKATA

In the result, the appeal of the Revenue is dismissed and the Cross\nObjection of the assessee is partly allowed

u/s 147 read with section 148 of the Act was\ninvalidly initiated whereas the correct proceedings would have been\nu/s 153C of the Act because the source of information on the basis of\nwhich the reassessment

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

In the result, the appeal of the assessee is allowed

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

u/s 147 of the Act. The notice was unsigned both manually and digitally is invalid. The issue is covered by the decision of Bombay High Court in the case of Prakash Krishnavatar Bhardwaj in W.P. No. 9835 of 2022 dated 9.1.2023 wherein the Hon’ble High Court has held as under: “8. We have heard the learned counsel

M/S. AJANTA MERCHANTS PVT. LTD.,KOLKATA vs. I.T.O., WARD - 8(1), KOLKATA, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

reassessment proceedings. In our opinion, the assessment framed u/s 147 read with 144 of the Act dated 26.12.2017 suffers

M/S. AJANTA MERCHANTS PVT. LTD.,KOLKATA vs. I.T.O., WARD-8(1), KOLKATA, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

reassessment proceedings. In our opinion, the assessment framed u/s 147 read with 144 of the Act dated 26.12.2017 suffers

M/S. AJANTA MERCHANTS PVT. LTD.,KOLKATA vs. I.T.O., WARD-8(1), KOLKATA, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

reassessment proceedings. In our opinion, the assessment framed u/s 147 read with 144 of the Act dated 26.12.2017 suffers

DCIT, CC-1(4), KOLKATA, KOLKATA vs. KKALPANA INDUSTRIES INDIA LIMITED, KOLKATA

In the result, appeal of the revenue is dismissed

Bench: Shri George Mathan & Shri Sanjay Awasthiआयकर अपील सं/Ita No.452/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2016-2017) Dcit, Cc-1(4), Kolkata Vs Kkalpana Industries India Ltd. 2B, Pretoria Street, Middleton Row, Kolkata-700071 Pan No. :Aabck 2239 D (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Shri S.K.Tulsiyan, Advocate & Ms. Puja Somani, Ca रधजस्व की ओर से /Revenue By : Shri P.N.Barnwal, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 24/06/2025 घोषणा की तारीख/Date Of Pronouncement : 25/06/2025 आदेश / O R D E R Per George Mathan, Jm : This Is An Appeal Filed By The Revenue Against The Order Dated 13.11.2024, Passed By The Ld. Cit(A), Kolkata-20, Passed In Din & Order No.Itba/Apl/S/250/2024-25/1070338584(1), For The Assessment Year 2016-2017. 2. Shri P.N.Barnwal, Ld.Cit-Dr Appeared On Behalf Of The Revenue & Shri S.K.Tulsiyan, Advocate With Ms. Puja Somani, Ca, Appeared On Behalf Of The Assessee. 3. A Perusal Of The Appeal Record, We Find That The Appeal Of The Revenue Has Been Filed Belatedly By 28 Days. In This Regard, The Revenue Has Filed An Application For Condonation Of Delay Stating Sufficient Reasons Which Are Plausible & Not Found To Be False. Thus, The Delay Of 28 Days In Filing The Appeal Is Condoned & Appeal Is Admitted For Hearing.

147 Order not as That the reassessment order per law passed by the learned AO u/s. 147 of the Act dated

STAR TRADECOM PRIVATE LIMITED.,KOLKATA vs. I.T.O., WARD - 9(1), KOLKATA, KOLKATA

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

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2009-10

147. 4.1. Reassessment was completed by making disallowance of preliminary expenses and addition on miscellaneous income at total assessed income of Rs.50,484/- vide order dated 3 Star Tradecom Pvt. Ltd., AY 2009-10 27.03.2010. Subsequently, on examination of assessment records, Ld. CIT, Kolkata-III, Kolkata held that the said reassessment order u/s

D.C.I.T., CC - 3(2), KOLKATA, KOLKATA vs. M/S. SALARPURIA PROPERTIES PVT. LTD., KOLKATA

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

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2005-06 Salarpuria Properties Pvt. Deputy Commissioner Of Ltd., C/O, M/S. Salarpuria Income-Tax, Circle- 1, Jajodia & Co., 3Rd Floor, 7, Vs. Kolkata. Chittaranjan Avenue, Kolkata-700072. (Pan: Aagcs8492P) (Appellant) (Respondent) & Assessment Year: 2005-06 Deputy Commissioner Of Salarpuria Properties Pvt. Vs. Income-Tax, Central Circle- Ltd., 3(2), Kolkata. (Appellant) (Respondent) & C.O. No.3/Kol/2023 In Ita No.736/Kol/2022 Assessment Year: 2005-06 Salarpuria Properties Pvt. Deputy Commissioner Of Vs. Ltd., Income-Tax, Central Circle- 3(2), Kolkata. (Cross Objector) (Respondent)

reassessment order passed u/s 147 of the Act. However, Ld. CIT(A) has given relief to the assessee on merits

M/S SALARPURIA PROPERTIES PVT LTD.,KOLKATA vs. D.C.I.T.,CC-3(2), KOLKATA

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

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2005-06 Salarpuria Properties Pvt. Deputy Commissioner Of Ltd., C/O, M/S. Salarpuria Income-Tax, Circle- 1, Jajodia & Co., 3Rd Floor, 7, Vs. Kolkata. Chittaranjan Avenue, Kolkata-700072. (Pan: Aagcs8492P) (Appellant) (Respondent) & Assessment Year: 2005-06 Deputy Commissioner Of Salarpuria Properties Pvt. Vs. Income-Tax, Central Circle- Ltd., 3(2), Kolkata. (Appellant) (Respondent) & C.O. No.3/Kol/2023 In Ita No.736/Kol/2022 Assessment Year: 2005-06 Salarpuria Properties Pvt. Deputy Commissioner Of Vs. Ltd., Income-Tax, Central Circle- 3(2), Kolkata. (Cross Objector) (Respondent)

reassessment order passed u/s 147 of the Act. However, Ld. CIT(A) has given relief to the assessee on merits

ITO, WARD-5(1), KOLKATA vs. M/S BPO FINANCE AND INVESTMENTS PVT LTD, KOLKATA

In the result, the appeal of the revenue stands dismissed

Bench: Shri Sanjay Garg & Rajesh Kumari.T.A No.99/Kol/2022 Assessment Year: 2008-09 Ito, Ward-5(1), Kolkata……..........................................................……Appellant Vs. M/S Bpo Finance & Investments Pvt. Ltd. .……........……..…..…..Respondent R No.54,5/1, Clive Row (2Nd Floor), Kolkata-1. [Pan: Aaccb5328F] Appearances By: Shri Manish Tiwari, Ar Appeared On Behalf Of The Appellant. Shri Vijay Kumar, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 15, 2023 Date Of Pronouncing The Order : July 04, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Revenue Against The Order Dated 10.09.2020 Of The Commissioner Of Income Tax (Appeals)-13, Kolkata (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Revenue Originally Has Taken The Following Grounds Of Appeal: “1. Whether On The Facts & In The Circumstances Of The Case, Ld, Cit(A) Was Justified In The Quashing The Addition Of Rs. 1,85,000,00/- Made By The Assessing Officer On Account Of Share Capital & Premium In The Course Assessment In Absence Of Identity Of The Creditors, Genuineness & Creditworthiness Of The Entire Transactions. 2. Whether On The Facts & In The Circumstances Of The Case, Ld, Cit(A) Was Justified In The Quashing The Addition Of Rs. 1,85,00,000/-Made By The Assessing Officer Where No Personal Attendance Was Made By Any Director Of The Share Allottee Companies During The Course Of Assessment Proceedings & As Such Identity & Creditworthiness Of The Creditors & Genuineness Of Transactions Could Not Be Verified.

reassessment proceedings initiated u/s 147 of the Act by the Assessing Officer: “4. Submission of the appellant: These grounds

MADHUBAN DEALERS PVT. LTD. PRESENTLY KNOWN AS MADHUBAN DEALERS LLP,KOLKATA vs. PCIT-13, KOLKATA

In the result, the appeal of assessee allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

reassessment order u/s. 144 read with section 147 of the Act dated 27.12.1970 itself suffered from the fundamental infirmity

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’).

reassessment proceedings cannot be initiated till the limitation period to carry out original assessment proceedings u/s 143(3) has not expired. The ld. counsel, therefore, has submitted that as per the settled law when there is a time available to the Assessing Officer to issue notice u/s 143(2) of the Act to proceed with the scrutiny assessment proceedings

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

Appeal of the Revenue is dismissed

Bench: 30th day of September 2007.

reassessment u/s 147 of the Act under the first provision of 147 of the Act unless/until there is material

M/S. DELIGHTED HOLDINGS (P) LTD. ,KOLKATA vs. DCIR, CIR-8(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

u/s 147 of the Act after a period of 4 years has been quashed. Similarly in the case of CIT vs Multiplex Trading & Industrial (supra), the Hon’ble Delhi High Court has held that since the assessee has disclosed ' all the material facts at the time of making assessment, 7 I.T.A. No. 624/Kol/2023 Assessment Year: 2011-12 M/s Delighted Holdings

MCLEOD RUSSEL INDIA LTD.,KOLKATA vs. PCIT - 2, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

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

reassessment proceeding, therefore, the assessment was framed u/s. 147 read with 144B of the Act is neither erroneous nor prejudicial

SHREE KRISHNA GYANODAYA FLOUR MILLS PVT. LTD.,,KOLKATA vs. ACIT, CENTRAL CIRCLE 4(3),, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Shree Krishna Gyanodaya Acit, Central Circle 4(3) Flour Mills Pvt. Ltd. Aaykar Bhawan Poorva 15Th Floor, 46C, Chowringhee 110, Kolkata-700107, Vs. Road, Everest House, Kolkata- West Bengal 700071, West Bengal (Appellant) (Respondent) Pan No. Aahcs8774P Assessee By : Shri S.K. Tulsiyan, Ar Revenue By : Shri Sanat Kumar Raha, Dr Date Of Hearing: 01.12.2025 Date Of Pronouncement: 31.12.2025

u/s 143(2) / 142(1) of the Act and order sheet dated….. recorded during 1433(3)/ 147 proceedings. For the said reason it is not the case of change of opinion by the ld. Assessing Officer.” 4.7. Thirdly, the objection filed by the assessee to reopening of assessment has not been deposed off by way of speaking order

MATHLETICS LLP FORMERLY MATHLETICS (P) LTD.,KOLKATA vs. I.T.O., WARD - 9(1), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Sonjoy Sarma & Shri Girish Agrawalassessment Year: 2015-16 Mathletics Llp Formerly Ito, Ward-9(1), Mathletics (P) Ltd. Kolkata C/O. P.K. Himmatsinghka, 41 Vs. B.B. Ganguly Street, Central Plaza, 2Nd Floor, Kolkata- 700012. Pan: Aaxfm 4704 C (Appellant) (Respondent) Present For: Appellant By : Shri Pramod Kumar Himmatsinghka, Ar Respondent By : Smt. Ranu Biswas, Addl. Cit, Sr. Dr Date Of Hearing : 27.03.2023 Date Of Pronouncement : 26.04.2023 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Arising Out Of The Order Of Cit(A), National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2022-23/104812839(1) Dated 21.12.2022 Against The Assessment Order Passed U/S 147 R.W.S. 144B Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For A.Y. 2015-16. 2. Grounds Taken By The Assessee Are As Under:

u/s 147 r.w.s. 144B of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) for A.Y. 2015-16. 2. Grounds taken by the assessee are as under: i. For that the reassessment

DCIT CENTRAL CIRCLE 1 4 KOLKATA, KOLKATA vs. MURLIDHAR RATANLAL EXPORTS LIMITED, KOLKATA

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

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

147 of the Act by issuing notice u/s 148 of the Act on the basis of findings of the survey team in the survey proceedings conducted u/s 133A of the Act on the assessee on 04.11.2019. The assessee complied with the said notice by filing the return of income declaring total loss