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17 results for “reassessment u/s 147”+ Section 10A(7)clear

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Mumbai102Delhi62Bangalore45Chennai38Hyderabad20Kolkata17Jaipur14Lucknow11Karnataka6Cochin6Pune5Guwahati3Telangana3Varanasi2Visakhapatnam1Calcutta1Cuttack1Panaji1Ranchi1Ahmedabad1

Key Topics

Section 14750Section 143(3)36Section 14823Section 26314Section 10A13Section 80I12Reopening of Assessment9Exemption9Section 10B

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)
8
Section 143(2)7
Addition to Income7
Reassessment6

reassess such income. Thereafter the appellant would like to submit that reason to believe being the foremost criteria for reopening of assessment under section 148 of the Act, it should be interpreted in the right perspective. 'Reason to believe' cannot be reason to suspect merely. There must be a direct nexus between the material coming to the notice

ACIT, CIT-2(1), KOLKATA, KOLKATA vs. M/S BNK E SOLUTION PVT. LTD., KOLKATA

In the result, the appeal by the Revenue is dismissed and the C

ITA 1613/KOL/2016[2006-07]Status: DisposedITAT Kolkata19 May 2017AY 2006-07

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am]

For Appellant: Shri D.S.Damle, FCAFor Respondent: Shri Banibrata Dutta, Addl. CIT(DR)
Section 10ASection 143(3)Section 147Section 148Section 70(1)Section 72

7. Aggrieved by the aforesaid order of AO the assessee filed an appeal before CIT(A). The assessee challenged the validity of initiation of proceedings u/s 147 of the Act on the ground that the AO while completing the original assessment and formed a particular opinion on the assessee’s claim of deduction u/s 10A

INCOME TAX OFFICER WARD-4(4), KOLKATA vs. M/S TEA PROPOTERS (INDIA) PVT. LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

ITA 2161/KOL/2013[2002-03]Status: DisposedITAT Kolkata18 Nov 2016AY 2002-03

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 10BSection 143(1)Section 143(3)Section 147Section 148

7 assessment dated 10.3.2005. Admittedly notice u/s. 148 of the Act was issued and subsequently served on the assessee on 28.8.2008 which is beyond the period of four years from the end of the relevant assessment year (2002-03). Such an allegation is admittedly absent in the reasons recorded and on facts there has in fact been no such failure

A.C.I.T CIR - 36,KOLKATA., KOLKATA vs. M/S SRI RAM COMMERCIAL CO, KOLKATA

In the result, Revenue’s appeal is dismissed

ITA 623/KOL/2013[2008-2009]Status: DisposedITAT Kolkata18 Nov 2016AY 2008-2009

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 10BSection 143(1)Section 143(3)Section 147Section 148

7 assessment dated 10.3.2005. Admittedly notice u/s. 148 of the Act was issued and subsequently served on the assessee on 28.8.2008 which is beyond the period of four years from the end of the relevant assessment year (2002-03). Such an allegation is admittedly absent in the reasons recorded and on facts there has in fact been no such failure

M/S TEA PROMOTERS (INDIA) PVT LTD,KOLKATA vs. D.C.I.T RG - 4,KOLKATA, KOLKATA

In the result, Revenue’s appeal is dismissed

ITA 1897/KOL/2013[2003-04]Status: DisposedITAT Kolkata18 Nov 2016AY 2003-04

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 10BSection 143(1)Section 143(3)Section 147Section 148

7 assessment dated 10.3.2005. Admittedly notice u/s. 148 of the Act was issued and subsequently served on the assessee on 28.8.2008 which is beyond the period of four years from the end of the relevant assessment year (2002-03). Such an allegation is admittedly absent in the reasons recorded and on facts there has in fact been no such failure

M/S TEA PROMOTERS (INDIA) PVT. LTD.,KOLKATA vs. DCIT, CIRCLE - 4, KOLKATA, KOLKATA

In the result, Revenue’s appeal is dismissed

ITA 1841/KOL/2013[2002-03]Status: DisposedITAT Kolkata18 Nov 2016AY 2002-03

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 10BSection 143(1)Section 143(3)Section 147Section 148

7 assessment dated 10.3.2005. Admittedly notice u/s. 148 of the Act was issued and subsequently served on the assessee on 28.8.2008 which is beyond the period of four years from the end of the relevant assessment year (2002-03). Such an allegation is admittedly absent in the reasons recorded and on facts there has in fact been no such failure

A.C.I.T CIR - 1,HOOGHLY, HOOGHLY vs. M/S JAIRAM DISTRIBUTORS, HOOGHLY

In the result, the appeal of the Revenue is dismissed

ITA 1255/KOL/2013[2005-06]Status: DisposedITAT Kolkata13 May 2016AY 2005-06

Bench: : Shri P.M. Jagtap & Shri S.S Viswanethra Ravi

For Appellant: Shri V.N Dutta, Advocate, ld.ARFor Respondent: Shri S.M.Das, JCIT, ld.DR
Section 143(2)Section 143(3)Section 147Section 148Section 40

section 143 of the Act come to an end and the matter becomes final" ITA No.1255/Kol/2013-A-JM 7 M/s. Jairam Distributors In view of the above, the first question now raised, therefore, stands concluded in favour of the assessee." 5.2. In view of the above admitted facts, as well as ratio laid in the case of ACIT vs Hotel Blue Moon

DCIT,CIR-11, KOLKATA vs. M/S CENTURY PLYBOARDS (INDIA) LTD., KOLKATA

In the result ITA No.2307/Kol/2013 is dismissed

ITA 2306/KOL/2013[2007-08]Status: DisposedITAT Kolkata13 Jul 2016AY 2007-08

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am]

For Appellant: Shri D.S.Damle, FCAFor Respondent: Shri G.Mallikarjuna,,CIT,DR
Section 143(3)Section 147Section 148Section 14ASection 288ASection 80I

147 of the Act. 9. We have heard the submissions of the ld. Counsel for the assessee and the ld. DR on the grounds raised by the assessee in the cross objection. The ld. Counsel for the assessee reiterated the submissions as were made by the assessee before CIT(A). The ld. DR relied on the order

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

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

ITA 1048/KOL/2023[2012-13]Status: HeardITAT Kolkata30 Jan 2024AY 2012-13

Bench: Shri Manish Borad&Shri Anikesh Banerjee]

Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 250Section 69A

147 of the Act. In recorded reason the ld.AO was silent about that verification under section 131 of the Act after receiving the reply. The assessee complied with the notice issued u/s 131. But there is no further investigation from the end of the ld. AO. The ld. AO was fully satisfied on the report of the ADIT (Inv), Unit

D.C.I.T CIR - 8,KOLKATA, KOLKATA vs. M/S ABCI INFRASTRUCTURE PVT LTD, KOLKATA

In the result, the appeal of revenue is dismissed

ITA 990/KOL/2013[2006-07]Status: DisposedITAT Kolkata10 Jan 2018AY 2006-07

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And "ी एम .बालागणेश, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Shri M.Balaganesh, Am]

Section 143(3)Section 147Section 148Section 801ASection 80I

147 of the Income-tax Act, 1961 (hereinafter referred to as the “Act”). 3. Brief facts of the case as seen from the statement of facts filed by the assessee before the Ld. CIT(A) are that assessee is a corporate body engaged mainly in the business of infrastructure development and also having a small scale industry (hot mix plant

KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY,KOLKATA vs. J.C.I.T RANGE - 50,KOLKATA, KOLKATA

In the result, the appeals of the assessee in ITA Nos

ITA 723/KOL/2013[2006-07]Status: DisposedITAT Kolkata18 Aug 2017AY 2006-07

Bench: Hon’Ble Shri A.T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 723 & 724/Kol/2013 Assessment Years : 2006-07 & 2007-08 Kolkata Metropolitan Development Authority -Vs- C.I.T.-Xvii, Kolkata [Pan: Aaalk 0714 F] (Appellant) (Respondent) I.T.A Nos. 523 & 524/Kol/2013 Assessment Years : 2006-07 & 2007-08 Kolkata Metropolitan Development Authority -Vs- J.C.I.T., Kolkata [Pan: Aaalk 0714 F] (Appellant) (Respondent) For The Appellant : Shri J.P. Khaitan, Sr. Counsel Of Assessee For The Respondent : Shri Anand R. Baiwar, Cit Date Of Hearing : 09.08.2017 Date Of Pronouncement : 18.08.2017

For Appellant: Shri J.P. Khaitan, Sr. Counsel of AssesseeFor Respondent: Shri Anand R. Baiwar, CIT
Section 12ASection 143(3)Section 148Section 263

10A seeking registration u/s 12AA of the Act and accordingly the order u/s 12AA was passed by the learned Director of Income Tax (Exemptions) , Kolkata on 9.7.2012 granting registration initially from 1.4.2012 later modified vide corrigendum dated 13.12.2012 stating that the same is effective from 1.4.2011. In effect, the assessee is registered u/s 12AA of the Act with effect from

KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY,KOLKATA vs. J.C.I.T RANGE - 50,KOLKATA, KOLKATA

In the result, the appeals of the assessee in ITA Nos

ITA 724/KOL/2013[2007-08]Status: DisposedITAT Kolkata18 Aug 2017AY 2007-08

Bench: Hon’Ble Shri A.T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 723 & 724/Kol/2013 Assessment Years : 2006-07 & 2007-08 Kolkata Metropolitan Development Authority -Vs- C.I.T.-Xvii, Kolkata [Pan: Aaalk 0714 F] (Appellant) (Respondent) I.T.A Nos. 523 & 524/Kol/2013 Assessment Years : 2006-07 & 2007-08 Kolkata Metropolitan Development Authority -Vs- J.C.I.T., Kolkata [Pan: Aaalk 0714 F] (Appellant) (Respondent) For The Appellant : Shri J.P. Khaitan, Sr. Counsel Of Assessee For The Respondent : Shri Anand R. Baiwar, Cit Date Of Hearing : 09.08.2017 Date Of Pronouncement : 18.08.2017

For Appellant: Shri J.P. Khaitan, Sr. Counsel of AssesseeFor Respondent: Shri Anand R. Baiwar, CIT
Section 12ASection 143(3)Section 148Section 263

10A seeking registration u/s 12AA of the Act and accordingly the order u/s 12AA was passed by the learned Director of Income Tax (Exemptions) , Kolkata on 9.7.2012 granting registration initially from 1.4.2012 later modified vide corrigendum dated 13.12.2012 stating that the same is effective from 1.4.2011. In effect, the assessee is registered u/s 12AA of the Act with effect from

DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. K KALPANA INDUSTRIES INDIA LTD, KOLKATA

In the result, both the appeals of the revenue for Assessment Year

ITA 815/KOL/2023[2011-12]Status: DisposedITAT Kolkata21 Mar 2024AY 2011-12

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. Nos. 815 & 816/Kol/2023 Assessment Year: 2011-12 & 2012-13 Deputy Commissioner Of Income K Kalpana Industries India Ltd., Tax, Central Circle-1(4), Kolkata Vs Kolkata 28, Pretoria Street Kolkata - 700071 [Pan : Aabck2239D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ravi Tulsiyan, Fca Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 06/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 21/03/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeal), Kolkata [Hereinafter The “Ld. Cit(A)”] Evenly Dt. 25/09/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Years 2011-12 & 2012-13. 2. The Registry Has Pointed Out That There Is A Delay Of 34 Days & 11 Days In Filing Of These Appeals By The Department For Assessment Year 2011-12 & 2012-13 Respectively. After Hearing The Ld. D/R We Are Convinced That It Was Prevented By Sufficient Cause From Filing These Appeals On Time. Though The Department Has Not Filed Any Petition/Application For Condonation, The Hon’Ble Apex Court In The Case Of Sesh Nath Singh & Ors. V. Baidyabati · Sheoraphuli Cooperative Bank

For Appellant: Shri Ravi Tulsiyan, FCAFor Respondent: Shri Rakesh Kumar Das, CIT, D/R
Section 143(3)Section 148Section 250Section 28Section 5

7 I.T.A. Nos. 815 & 816/Kol/2023 Assessment Year: 2011-12 & 2012-13 K Kalpana Industries India Ltd. seizure action u/s. 132(1) of the IT. Act, 1961 was conducted at the premises of the assessee on 06-09-2011. Consequently, notice U/S.153A was issued and assessment U/S.153A read with section 143(3) was completed on 29-03-2014 in assessee

DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -1(4), KOLKATA , KOLKATA vs. K KALPANA INDUSTRIES INDIA LTD, KOLKATA

In the result, both the appeals of the revenue for Assessment Year

ITA 816/KOL/2023[2012-13]Status: DisposedITAT Kolkata21 Mar 2024AY 2012-13

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. Nos. 815 & 816/Kol/2023 Assessment Year: 2011-12 & 2012-13 Deputy Commissioner Of Income K Kalpana Industries India Ltd., Tax, Central Circle-1(4), Kolkata Vs Kolkata 28, Pretoria Street Kolkata - 700071 [Pan : Aabck2239D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ravi Tulsiyan, Fca Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 06/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 21/03/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeal), Kolkata [Hereinafter The “Ld. Cit(A)”] Evenly Dt. 25/09/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Years 2011-12 & 2012-13. 2. The Registry Has Pointed Out That There Is A Delay Of 34 Days & 11 Days In Filing Of These Appeals By The Department For Assessment Year 2011-12 & 2012-13 Respectively. After Hearing The Ld. D/R We Are Convinced That It Was Prevented By Sufficient Cause From Filing These Appeals On Time. Though The Department Has Not Filed Any Petition/Application For Condonation, The Hon’Ble Apex Court In The Case Of Sesh Nath Singh & Ors. V. Baidyabati · Sheoraphuli Cooperative Bank

For Appellant: Shri Ravi Tulsiyan, FCAFor Respondent: Shri Rakesh Kumar Das, CIT, D/R
Section 143(3)Section 148Section 250Section 28Section 5

7 I.T.A. Nos. 815 & 816/Kol/2023 Assessment Year: 2011-12 & 2012-13 K Kalpana Industries India Ltd. seizure action u/s. 132(1) of the IT. Act, 1961 was conducted at the premises of the assessee on 06-09-2011. Consequently, notice U/S.153A was issued and assessment U/S.153A read with section 143(3) was completed on 29-03-2014 in assessee

AT&S INDIA PRIVATE LIMITED,KARNATAKA vs. D.C.I.T., CIRCLE-11(1), KOLKATA, KOLKATA

In the result, appeal filed by the assessee, is allowed

ITA 69/KOL/2018[2013-14]Status: DisposedITAT Kolkata10 Oct 2018AY 2013-14

Bench: Shri S. S. Godara, Jm & Dr. A.L.Saini, Am At&S India Private Limited Vs. Dcit, Circle 11(1), Kolkata P-7, Chowringhee Square, 12A, Industrial Area, Nanjangud – 571 301 Kolkata – 700 069. Mysore District, Karnataka, India "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaeca 2930 J (अपीलाथ" /Appellant) (""यथ" / Respondent) ..

For Appellant: Shri Anup Sinha & Ms. Rituparna Sinha, ARFor Respondent: Shri P.K. Srihari, CIT, DR
Section 143(3)Section 144C(13)Section 37(1)Section 92C

u/s 92B and rule 10B redundant. This is patently an unacceptable position having no sanction of the Indian transfer pricing law. Borrowing a contrary mandate of the TP provisions of other countries and reading it into our provisions is not permissible. The requirement under our law is to compute the income from an international transaction between two AEs having regard

AMITAVA DHAR,KOLKATA vs. ITO, WARD-22(1), KOLKATA, KOLKATA

In the result, the appeal of the Assessee is partly allowed

ITA 1689/KOL/2016[2010-11]Status: DisposedITAT Kolkata31 Jan 2017AY 2010-11

Bench: Shri M.Balaganesh & Shri S.S. Viswanethra Ravi

Section 143(2)Section 147Section 148Section 44A

reassessment framed vide order dated 28-03-2014 is bad in the eye of law and liable to be quashed. 3. For that on the facts and in the circumstances of the case, the ld. CIT(A) was not justified in confirming the addition of Rs.10,40,000/- made by the AO on account of alleged income from unexplained sources

AT&S INDIA PRIVATE LIMITED vs. D.C.I.T., CIRCLE-11(1), KOLKATA, KOLKATA

In the result, appeal filed by the assessee, is allowed

ITA 77/KOL/2017[2012-13]Status: DisposedITAT Kolkata11 May 2018AY 2012-13

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.77/Kol/2017 ("नधा"रणवष" / Assessment Year: 2012-13) At & S India (P) Ltd. Vs. D.C.I.T, Circle-11(1), Kolkata

For Appellant: Smt. Rituparna Sinha, ARFor Respondent: Shri G. Mallikarjuna, CIT(DR)
Section 143(3)Section 144CSection 37Section 92C

u/s 92B and rule 10B redundant. This is patently an unacceptable position having no sanction of the Indian transfer pricing law. Borrowing a contrary mandate of the TP provisions of other countries and reading it into our provisions is not permissible. The requirement under our law is to compute the income from an international transaction between two AEs having regard