M/S K.M. KHADIM & CO.,KOLKATA vs. PCIT-1, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

145 ITR 255 (All.) The Ld. A.R. therefore argued that the exercise of jurisdiction by the Ld. PCIT in second round treating the assessment order passed pursuant to the direction by the Ld. PCIT in the first round in the order passed u/s 263 of the Act is contrary to the provisions of the Act. The ld AR contended that

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

145 shall. so far as may be, apply.\" An analysis of this\nsub section indicates that, after the return is filed, this clause enables the assessing\nofficer to complete the assessment by following the procedure like issue of notice\nunder Sections 143(2)/142 and complete the assessment under Section 143(3). This\nSection does not provide for accepting

GOAL ORIENTED TRADE LINK PVT. LTD.,,KOLKATA vs. ITO, WARD 2(1),, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: SHRI RAJESH KUMAR, ACCOUNTANT MEMBER SHRI PRADIP KUMAR CHOUBEY (Judicial Member)

145 shall, so far as may be, apply." An analysis of this sub section indicates that, after the return 4 Goal Oriented Trade Link Pvt. Ltd. is filed, this clause enables the assessing officer to complete the assessment by following the procedure like issue of notice under Sections 143(2)/142 and complete the assessment under Section 143(3). This

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

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

section 147 of the Act and\ncannot be sustained. The case of the assessee find support from the\ndecision of Hon'ble Apex Court in the case of ACIT vs. CEAT Ltd. in\n[2023] 146 taxmann.com 108(SC) wherein it has been decided by the\nHon'ble Apex court that no re-opening can be made u/s 147

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

section 147 of the Act and cannot be sustained. The case of the assessee find support from the decision of Hon’ble Apex Court in the case of ACIT vs. CEAT Ltd. in [2023] 146 taxmann.com 108(SC) wherein it has been decided by the Hon’ble Apex court that no re-opening can be made u/s 147

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

section 147 of the Act and cannot be sustained. The case of the assessee find support from the decision of Hon’ble Apex Court in the case of ACIT vs. CEAT Ltd. in [2023] 146 taxmann.com 108(SC) wherein it has been decided by the Hon’ble Apex court that no re-opening can be made u/s 147

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

section 147 of the Act and cannot be sustained. The case of the assessee find support from the decision of Hon’ble Apex Court in the case of ACIT vs. CEAT Ltd. in [2023] 146 taxmann.com 108(SC) wherein it has been decided by the Hon’ble Apex court that no re-opening can be made u/s 147

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

section 147 of the Act and cannot be sustained. The case of the assessee find support from the decision of Hon’ble Apex Court in the case of ACIT vs. CEAT Ltd. in [2023] 146 taxmann.com 108(SC) wherein it has been decided by the Hon’ble Apex court that no re-opening can be made u/s 147

ADONIS MARKETING (P) LTD.,KOLKATA vs. I.T.O., WARD - 9(1), , KOLKATA

In the result, the appeal of the assessee stands allowed

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

u/s. 148 cannot be issued, i.e. no reassessment proceedings could be initiated as long as assessment proceedings pending on the basis of the return already filed are not terminated. Further, the Hon’ble Delhi High Court in the case of KLM Dutch Airlines (supra) by following the decision of the Hon’ble Supreme Court Page 3 of 6 I.T.A

ITO, KOLKATA vs. AJIT KUMAR MINDA, KOLKATA

In the result, the appeal of the Revenue and cross objections of the\nassessee are dismissed

u/s. 10(38) of the IT Act and no addition was made on this account in\nassessment order passed u/s.143(3) of the Act.\n7.4 Subsequently, the case of the appellant was re-opened u/s.147 of the\nAct for the impugned AY 2015-16, since the information available with the\nAO that the appellant dealt in penny stock M/s. Greencast

REACHASIA,KOLKATA vs. D.C.I.T./A.C.I.T., CIRCLE - 29,, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2012-13 Reachasia……………………..……………..............................……….……Appellant 109/28, Hazra Road, Kol- 700026. [Pan: Aagrf2430K] Vs. Dcit/Acit, Circle-29, Kolkata…………………………...……...…..…..Respondent Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Appellant. Shri S. B. Chakraborthy, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 01, 2025 Date Of Pronouncing The Order : September 03, 2025 Order Per Rajesh Kumar: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 12.02.2025 Of The National Faceless Appeal Centre [Hereinafter Referred To As The “Ld. Cit(A)”] Passed U/S 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”].

reassessment of the assessee u/s 147 can only be made subject to the satisfaction of the condition envisaged under 1st proviso to section 147 of the Act which states an assessment has been made u/s 143(3), the reopening u/s 147 of the Act can only be made if the income has escaped assessment due to non-disclosure of true

DCIT, CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. EDUCO VENTURES PVT LTD., KOLKATA

Appeal is dismissed

Bench: the AO.

3) of the Act from AY 2012-13 and AY 2013-14. Therefore, once the advance received is accepted as genuine in in the earlier assessment years how the same can be treated as non- genuine in the current assessment year. Moreover, the provisions of section 68 of the Act are not applicable to the money received in the earlier

EDUCO VENTURES PVT. LTD.,KOLKATA vs. D.C.I.T., CENTRAL CIRCLE - 1(4), KOLKATA

Appeal is dismissed

Bench: the AO.

3) of the Act from AY 2012-13 and AY 2013-14. Therefore, once the advance received is accepted as genuine in in the earlier assessment years how the same can be treated as non- genuine in the current assessment year. Moreover, the provisions of section 68 of the Act are not applicable to the money received in the earlier

DCIT CENTRAL CIRCLE 1(4), KOLKATA, KOLKATA vs. EDUCO VENTURES PVT LTD, KOLKATA

Appeal is dismissed

Bench: the AO.

3) of the Act from AY 2012-13 and AY 2013-14. Therefore, once the advance received is accepted as genuine in in the earlier assessment years how the same can be treated as non- genuine in the current assessment year. Moreover, the provisions of section 68 of the Act are not applicable to the money received in the earlier

EDUCO VENTURES PVT. LTD.,KOLKATA vs. D.C.I.T., CENTRAL CIRCLE - 1(4), KOLKATA

Appeal is dismissed

Bench: the AO.

3) of the Act from AY 2012-13 and AY 2013-14. Therefore, once the advance received is accepted as genuine in in the earlier assessment years how the same can be treated as non- genuine in the current assessment year. Moreover, the provisions of section 68 of the Act are not applicable to the money received in the earlier

AVIRAL MARKETING PVT. LTD.,,KOLKATA vs. DCIT, CIRCLE 4(1),, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2012-13 Aviral Marketing Pvt. Ltd…….……………..............................……….……Appellant 7, Camac Street, Azimganj House, 1St Floor, Shakespeare Sarani, Kol- 700017. [Pan: Aacca3794N] Vs. Dcit, Circle-4(1), Kolkata……………………………….....……...…..…..Respondent Appearances By: Shri Manoj Kataruka, Advocate, Appeared On Behalf Of The Appellant. Shri Ruchika Sharma, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 02, 2025 Date Of Pronouncing The Order : September 03, 2025 Order Per Rajesh Kumar: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 07.11.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As The “Ld. Cit(A)”] Passed U/S 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”].

reassessment framed as well as consequent assessment deserved to be quashed. 3. The facts in brief are that the assessee filed return of income on 27.09.2012 declaring total loss of Rs.47,11,358/-. The case of the assessee was reopened u/s 147 of the Act after the Assessing Officer Aviral Marketing Pvt. Ltd received information from ADIT(Inv.), Unit

CHANDRA BROS.,KOLKATA vs. I.T.O., WARD - 37(1), KOLKATA, KOLKATA

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

Bench: Sri Pradip Kumar Choubey & Sri Rakesh Mishra

3 of 18 I.T.A. No.: 1572/KOL/2024 Assessment Year: 2022-23 Chandra Bros. 01/04/2021. This figure had, in view of current transactions, culminated in the year end difference of Rs.11467009/-. As a result, the differential amount of Rs.5096384/- only (after exclusion of the opening balance) for being attributable to the current year's transaction and accordingly, of current origin, would deserve

SEN FERRO ALLOYS (P) LTD.,KOLKATA vs. A.C.I.T., CC - 4(3), KOLKATA

In the result, both appeals of the assessee are allowed

u/s 133A dated 01.12.2015 at assessee's Factory cum Office premises at Dejuri,\nP.O-Unra,\nP.S-Barjora,\nJambedin,\nvarious stocks found are as per the list below:\nDt-Bankura,\nWest Bengal\nAs per Stock Register (In Ton) as on As per physical verification (in Ton)\nthe\nNo Stocks\n30.11.2015\nIron Ore\n5134.990\nIron Ore Pellets\n44.830\nCoal\n449.685\nDolomite\n50.430\nIron Fines

SEN FERRO ALLOYS (P) LTD.,KOLKATA vs. A.C.I.T., CC - 4(3), KOLKATA, KOLKATA

In the result, both appeals of the assessee are allowed

147 of the I.T. Act, 1961. In order to assess/reassess the said income\nand any other income chargeable to tax which has escaped assessment and which may\ncome to my notice during the course of this proceeding, a notice u/s 148 of the I.T. Act'61\nrequired to be issued to the assessee.\nASHOK KUMAR PANDEY\nCENTRAL CIR 4(3