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]

Section 292BB also come into play and now the appellant cannot challenge the validity of reassessment proceedings in the appellate stage. Accordingly, no infirmity is found in the action of the AO of reopening the assessment and proceedings u/s 144 against the appellant. Accordingly, Grounds of appeal Nos. 1 to 4 of the appellant are dismissed

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]

Section 292BB also come into play and now the appellant cannot challenge the validity of reassessment proceedings in the appellate stage. Accordingly, no infirmity is found in the action of the AO of reopening the assessment and proceedings u/s 144 against the appellant. Accordingly, Grounds of appeal Nos. 1 to 4 of the appellant are dismissed

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]

Section 292BB also come into play and now the appellant cannot challenge the validity of reassessment proceedings in the appellate stage. Accordingly, no infirmity is found in the action of the AO of reopening the assessment and proceedings u/s 144 against the appellant. Accordingly, Grounds of appeal Nos. 1 to 4 of the appellant are dismissed

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

144 r.w.s. 263 r.w.s 147 r.w.s 143(3) of the Act and made the addition of Rs.10,61,00,000/- in respect of share capital and share premium received by the assessee during the year. 3. Being aggrieved by the said order of the Assessing Officer, the assessee preferred appeal before the CIT(A), however, the ld. CIT(A) vide

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 and jurisdiction

MANAKSIA LIMITED,KOLKATA vs. DCIT, CIRCLE 4(1), , KOLKATA

144. Clause (b) of Section 158 BC by referring to Section 143(2) and (3)\nwould appear to imply that the provisions of Section 143(1) are excluded. But Section\n143(2) itself becomes necessary only where it becomes necessary to check the return,\nso that where block return conforms to the undisclosed income inferred by the\nauthorities, there

ZULU MERCHANDISE (P)LTD,KOLKATA vs. PCIT 2, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Sri Rajesh Kumar & Sonjoy Sarma

u/s section 144 read with section 147 of the Act dated 29.09.2021 and consequently the revisionary jurisdiction of the ld. PCIT cannot be sustained. The case of the assessee finds force from the decision in the case of CIT –vs.- Alagendran Finance Limited (supra), wherein the Hon’ble Apex Court has held that the period of limitation

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]

144 of the Act for non-compliance by the company vide assessment order dated 29.12.2017. The the company vide assessment order dated 29.12.2017. The order u/s 144/147 of the Act was order u/s 144/147 of the Act was passed in the name of the company, under the PAN No. of the company by making addition on the company, under

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

144/-. The ld. AO accordingly called for the information/ details from the assessee which were complied with by the assessee by furnishing evidences/details. The ld. AO thereafter taking into account the submissions/ contentions/ evidences filed by the assessee made an addition of ₹50,55,000/- as unexplained money u/s 69A of the Act in the assessment framed u/s 147

HARSH COMTRADE PVT LTD,SURAT vs. INCOME TAX OFFICER, WARD 5(4), KOLKATA

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

Bench: Shri George Mathanआयकर अपील सं/Ita No.225/Kol/2024 (नििाारण वर्ा / Assessment Year :2012-2013) Harsh Comtrade Private Limited, Vs Ito, Ward-5(4), Kolkata 1/A, Stuti Apartment, Near Ashok Panhouse, City Light, Surat, Gujarat Pan No. :Aabcg 8847 C (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) : Shri Mehul Shah, Ar नििााररती की ओर से /Assessee By राजस्व की ओर से /Revenue By : Shri S.B. Chakraborthy, Addl. Cit-Sr.Dr सुनवाई की तारीख / Date Of Hearing : 01/07/2025 घोषणा की तारीख/Date Of Pronouncement : 01/07/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 28.12.2023, Passed In Din & Order No.Itba/Nfac/S/250/2023-24/1059161646(1) For The Assessment Year 2012-2013. 2. Shri Mehul Shah, Ld. Ar Appeared On Behalf Of The Assessee & Shri S.B.Chakraborthy, Ld.Sr. Dr Appeared On Behalf Of The Revenue. 3. At The Time Of Hearing, Ld. Ar Submitted That He Has Filed Written Submissions Before The Tribunal Which Has Been Placed In The Paper Book At Pages 90 To 104 Which Reads As Follows :- Before Income Tax Appellate Tribunal, Kolkata - 'Smc' Bench In The Case Of Harsh Comtrade Pvt. Ltd Sub: Written Submission For A.Y. 2012-13 Ref: Assessee'S Appeal No. 225/Kol/2024 Date Of Hearing: 21.08.2024 May It Please To Your Honour 1. In This Case, The Case Is Re-Opened On The Basis Of Reasons For Reopening Recorded On 23.03.2018. The Same Is Reproduced

144, be given an opportunity of being heard in respect of any material gathered on the basis of any inquiry under sub-section (2) or any audit under sub-section (2A) and proposed to be utilized for the purposes of the assessment." Thus, it is submitted that no addition can be made under Income Tax Law without confronting any third

GANAPATI DEVELOPERS ,HOWRAH vs. A.C.I.T.,CIRCLE-47, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Sri J. Sudhakar Reddy & Smt. Madhumita Roy)

144 read with Section 147 of the Act on 16th December, 2010 making an addition of Rs.95,65,510 to the declared income of the Assessee. 7. The Assessee then went in appeal before the CIT (A), who by order dated 19th August, 2011 allowed the appeal filed by the Assessee. The CIT (A) held that the re-opening

ACIT, CIRCLE-10, KOLKATA, KOLKATA vs. M/S. ICI INDIA LTD, KOLKATA

In the result, the appeal filed by the assessee is allowed and the appeal filed by the Revenue is dismissed

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

144 of the Act after issuance of notice u/s 142(1) of the Act. This is very clearly provided in the scheme of the Act. Admittedly, the impugned reassessment has been framed by the ld AO u/s 143(3) of the Act. We also hold that shelter u/s 292BB of the Act cannot be taken by the revenue for jurisdictional

ICI INDIA LIMITED,KOLKATA vs. DCIT, CIRCLE-10, KOLKATA, KOLKATA

In the result, the appeal filed by the assessee is allowed and the appeal filed by the Revenue is dismissed

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

144 of the Act after issuance of notice u/s 142(1) of the Act. This is very clearly provided in the scheme of the Act. Admittedly, the impugned reassessment has been framed by the ld AO u/s 143(3) of the Act. We also hold that shelter u/s 292BB of the Act cannot be taken by the revenue for jurisdictional

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]

144 of the Act dated 17.12.2018 is void ,ultra vires and nullity in the eyes of law as the Venkateswar Medicare Pvt. Ltd. AYs 2014-15 & 2016-17 same was passed by the Assistant Co same was passed by the Assistant Commissioner of Income Tax, Circle mmissioner of Income Tax, Circle-1(1), Jalpaiguri whereas as per the CBDT circular

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]

144 of the Act dated 17.12.2018 is void ,ultra vires and nullity in the eyes of law as the Venkateswar Medicare Pvt. Ltd. AYs 2014-15 & 2016-17 same was passed by the Assistant Co same was passed by the Assistant Commissioner of Income Tax, Circle mmissioner of Income Tax, Circle-1(1), Jalpaiguri whereas as per the CBDT circular

DEBABRATA BANERJEE,KOLKATA vs. DCIT,CIR-34,KOLKATA., KOLKATA

In the result, appeal of the assessee is allowed

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

144 r.w.s 144B, which is different from the proceedings u/s 143(3). xi. For this case Appellant Assessee has not provided any documents, bills, transportation details etc. xii. Appellant Assessee in its submissions in Para 3 on page 13 states" Without prejudice, in this case the Notice u/s 148 has been issued by Ld. DCIT, Circle 34, Kolkata on 31st

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 read with section 143(3) was erroneous in so far as it was prejudicial to the interest of revenue on the ground that requisite enquiries were not made regarding the identity and creditworthiness of the share subscribers through which the introduction of share capital of Rs.5,07,00,000/- was made during the year under consideration. 4.2. An order

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

144 of the Act which was replied by the assessee by filing the objections to the reopening of assessment vide letter dated 28.11.2018, which the ld. AO disposed off vide letter dated 16.12.2018. The assessee again filed the objections for reopening of assessment. Finally, the ld. AO added ₹50.00 crores received by the assessee from M/s Pahargoomiah Exports Ltd. u/s