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.

147 read with section 2(7A) of the Act. Thus, the reassessment order was quashed. 5.2.5 It is also relevant to note that Hon'ble ITAT, Kolkata in Income Tax Appeal No.894/Kol/2012 dated 14/05/2013 in the case of Chanakya Finvest (P) Ltd. Vs. Income Tax Officer held that: "6. After going through the provisions of sections 120,124 and 127

M/S VENKATESWAR MEDICARE PVT. LTD.,KOLKATA vs. ITO, WARD 2(1), KOLKATA

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

Bench: Shri Rajesh Kumar, Am& Shri Sonjoy Sarma, Jm]

reassessment framed u/s 147 of the Act being without jurisdiction is bad in law and the same is accordingly set aside. 10. In the result, the appeal of the assessee stands allowed. Since the facts before us are materially similar to ones as decided by the Co-ordinate Bench of the tribunal, we, respectfully the decision of the coordinate bench

M/S VENKATESWAR MEDICARE PVT. LTD.,ITO, WARD-2(1) vs. ITO, WARD-2(1), KOLKATA

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

Bench: Shri Rajesh Kumar, Am& Shri Sonjoy Sarma, Jm]

reassessment framed u/s 147 of the Act being without jurisdiction is bad in law and the same is accordingly set aside. 10. In the result, the appeal of the assessee stands allowed. Since the facts before us are materially similar to ones as decided by the Co-ordinate Bench of the tribunal, we, respectfully the decision of the coordinate bench

ACIT, CENTRAL CIRCLE - 1(1), KOLKATA, KOLKATA vs. M/S. ADHUNIK CEMENT LTD., (NOW DALMIA BHARAT CEMENT), GUWAHATI

In the result, appeal of the revenue is dismissed

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi, Judicialmember)

127 DTR 241, has recognised the right of the assessee to cross-examine the witness of the revenue. He took this bench through the replies given by these two witnesses of the revenue during the course of cross- examination and submitted that it is not a case of retraction. He pointed out that it was during cross examination

GRAPHITE INDIA LTD.,KOLKATA vs. DCIT, CIRCLE 11, KOLKATA, KOLKATA

In the result, the appeal of the assessee is treated as allowed as indicated above and the appeal of the Revenue is dismissed

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

reassessment proceedings u/s. 147/148 has been initiated in utter disregard of the express provision of the Act and thus the order passed u/s. 147 is bad in law. 2(a) That on the facts and in the circumstances of the case, Ld. CIT(Appeals) was not justified and erred in holding that I.T.A. No. 398/KOL./2008 Assessment year

I.T.O,WARD-46(4),KOLKATA., KOLKATA vs. TRIPURARI SINGH., HOWRAH

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

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

147 of the Act without territorial jurisdiction. He drew our attention to the application for prayer for admission of additional ground and the addition ground raised in both the appeals of the assessee reads as under: “1. That in the facts and circumstances of the case, the reopening notice u/s. 148 of the I. T. Act, 1961 was without jurisdiction

TRIPURARI SINGH.,HOWRAH vs. I.T.O WD- 46(4),KOLKATA., KOLKATA

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

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

147 of the Act without territorial jurisdiction. He drew our attention to the application for prayer for admission of additional ground and the addition ground raised in both the appeals of the assessee reads as under: “1. That in the facts and circumstances of the case, the reopening notice u/s. 148 of the I. T. Act, 1961 was without jurisdiction

TRIPURARI SINGH.,HOWRAH vs. A.C.I.T CIR - 46,KOLKATA., KOLKATA

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

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

147 of the Act without territorial jurisdiction. He drew our attention to the application for prayer for admission of additional ground and the addition ground raised in both the appeals of the assessee reads as under: “1. That in the facts and circumstances of the case, the reopening notice u/s. 148 of the I. T. Act, 1961 was without jurisdiction

I.T.O, WARD-46(4),KOLKATA., KOLKATA vs. TRIPURARI SINGH, KOLKATA

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

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

147 of the Act without territorial jurisdiction. He drew our attention to the application for prayer for admission of additional ground and the addition ground raised in both the appeals of the assessee reads as under: “1. That in the facts and circumstances of the case, the reopening notice u/s. 148 of the I. T. Act, 1961 was without jurisdiction

ANCHITA PROPERTIES PVT. LTD. ,KOLKATA vs. ITO, WARD-12(1), KOLKATA. , KOLKATA

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

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. No. 637/Kol/2024 Assessment Year: 2013-2014 Anchita Properties Pvt. Limited,………………Appellant 29, Collotola Street, Kolkata-700029 [Pan:Aahca9115E] -Vs.- Income Tax Officer,………………………….……Respondent Ward-12(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 & I.T.A. No. 1067/Kol/2024 Assessment Year: 2013-2014 Anchita Properties Pvt. Limited,………………Appellant 29, Collotola Street, Kolkata-700029 [Pan:Aahca9115E] -Vs.- Principal Commissioner Of Income Tax,…Respondent Pcit, Kolkata-2, Office Of The Income Tax Officer, Ward-12(1), Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069

reassessment proceeding. (ii)2na paragraph: It will contain details of information and material received/ collected/found by the AO subsequent to processing of original/ reopened assessment proceedings along with time period/ date of collection or receipt of information. In the cases where information is received from the Investigation Wing or any other law enforcement agency, details of letter, brief summary

ANCHITA PROPERTIES PVT. LTD.,KOLKATA vs. P.C.I.T., KOLKATA - 2, KOLKATA

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

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. No. 637/Kol/2024 Assessment Year: 2013-2014 Anchita Properties Pvt. Limited,………………Appellant 29, Collotola Street, Kolkata-700029 [Pan:Aahca9115E] -Vs.- Income Tax Officer,………………………….……Respondent Ward-12(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 & I.T.A. No. 1067/Kol/2024 Assessment Year: 2013-2014 Anchita Properties Pvt. Limited,………………Appellant 29, Collotola Street, Kolkata-700029 [Pan:Aahca9115E] -Vs.- Principal Commissioner Of Income Tax,…Respondent Pcit, Kolkata-2, Office Of The Income Tax Officer, Ward-12(1), Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069

reassessment proceeding. (ii)2na paragraph: It will contain details of information and material received/ collected/found by the AO subsequent to processing of original/ reopened assessment proceedings along with time period/ date of collection or receipt of information. In the cases where information is received from the Investigation Wing or any other law enforcement agency, details of letter, brief summary

M/S. MONO ORION FOOD INDIA PVT. LTD., ,KOLKATA vs. DCIT, CIRCLE - 8(1), , KOLKATA

In the result, the appeals of the assessee for both the assessment years are allowed

Bench: Shri J. Sudhakar Reddy & Shri S.S. Godara]

127 of the paper book and pointed out that it was never alleged that the bank accounts in question belong to the assessee company. He submitted that the amount deposited in those two bank accounts, were transferred to the assessee company through a number of Jama-Kharchi companies. He argued that reasonable belief has to be entertained

M/S. MONO ORION FOOD INDIA PVT. LTD., ,KOLKATA vs. DCIT, CIRCLE - 8(1), , KOLKATA

In the result, the appeals of the assessee for both the assessment years are allowed

Bench: Shri J. Sudhakar Reddy & Shri S.S. Godara]

127 of the paper book and pointed out that it was never alleged that the bank accounts in question belong to the assessee company. He submitted that the amount deposited in those two bank accounts, were transferred to the assessee company through a number of Jama-Kharchi companies. He argued that reasonable belief has to be entertained

DCIT, CIR.-13(1), KOLKATA vs. SMT. MANJULA SHUKLA, HOWRAH

In the result, the appeal of the revenue is dismissed

reassessment for the AY 2003/04 to the charge of ITO, Kolkata who thereafter passed the order of assessment u/s 147/143(3). The assessee challenged validity of the proceedings and consequent order u/s 143(3)/147 on the ground that the notice u/s 148 was issued by the officer who did not hold valid jurisdiction over the assessee's case

SMITA BISWAS,JALPAIGURI vs. A.C.I.T., CIRCLE-1(1), JALPAIGURI, JALPAIGURI

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar]

reassessment framed u/s 147 of the Act being without jurisdiction is bad in law and the same is accordingly set aside. 10. In the result, the appeal of the assessee stands allowed. Since the facts before us are materially similar to ones as decided by the Co-ordinate Bench of the tribunal, we, respectfully the decision of the coordinate bench

DOLPHIN GOODS PVT. LTD.,KOLKATA vs. I.T.O.,WARD-6(1), KOLKATA

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]

147 of the Act and after issuing notice u/s. 143(2) of the Act the AO noted that assessee during the relevant assessment year had issued share capital of Rs.28,72,500/- (287250 number of shares at the face value of Rs. 10/- each) and share premium of Rs.10,81,27,500/-. The AO notes that he had issued notice

RAJATGIRI OIL INDUSTRIES,KOLKATA vs. ACIT, KOLKATA

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

Bench: Shri Sanjay Garg & Shri Girish Agrawal

127 on account of payment of service tax by the Appellant which may kindly be deleted. 7. 0n the facts and in the circumstances of the case and in law the C.I.T.(A) erred in confirming the disallowance of Rs.9,11,407 on account of payment of license fees by the Appellant which may kindly be deleted

RAJATGIRI OIL INDUSTRIES,KOLKATA vs. ACIT, KOLKATA

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

Bench: Shri Sanjay Garg & Shri Girish Agrawal

127 on account of payment of service tax by the Appellant which may kindly be deleted. 7. 0n the facts and in the circumstances of the case and in law the C.I.T.(A) erred in confirming the disallowance of Rs.9,11,407 on account of payment of license fees by the Appellant which may kindly be deleted

RAJATGIRI OIL INDUSTRIES,KOLKATA vs. ACIT, KOLKATA

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

Bench: Shri Sanjay Garg & Shri Girish Agrawal

127 on account of payment of service tax by the Appellant which may kindly be deleted. 7. 0n the facts and in the circumstances of the case and in law the C.I.T.(A) erred in confirming the disallowance of Rs.9,11,407 on account of payment of license fees by the Appellant which may kindly be deleted