ARISTOCRAT RESIDENCES LLP ,KOLKATA vs. INCOME TAX OFFICER WARD 34 (1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Sonjoy Sarma, Jm Income Tax Officer, Ward Aristocrat Residences Llp 34(1) 2 Oswal Chambers Church Lane Aaykar Bhavan, Bbd Bagh, Kolkata-700001 Vs. Kolkata-700107 West Bengal West Bengal (Appellant) (Respondent) Pan No. Aavfa9997R Assessee By : Dr. Kapil Goel, Ar Revenue By : H. Robindro Singh, Dr Date Of Hearing: 06.02.2025 Date Of Pronouncement : 01.04.2025

reassessment under Sections 139, 147, 148, 149, 151 & 153. 28. The language of explanation 2 to new Section 148 is akin to Section 153A and Section 153C, Corollary being that after seizing of operationalperiod of Section 153A to 153D, the cases being dealt thereunder were circumscribed in the scope of newly substituted Section 148." We are in complete agreement with

SURESH KUMAR PODDAR,KOLKATA vs. I.T.O., WARD - 63(4), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

Bench: SHRI RAJESH KUMAR (Accountant Member)

reassessment under Sections 139, 147, 148, 149, 151 & 153. 28. The language of explanation 2 to new Section 148 is akin to Section 153A and Section 153C, Corollary being that after seizing of operation- alperiod of Section 153A to 153D, the cases being dealt thereunder were circumscribed in the scope of newly substituted Section 148." We are in complete agreement

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.

u/s. 147 cannot be held as "changed of opinion". Hence, I do not find merit in the grounds taken by the appellant. As such, it is rejected." 10. During appellate proceedings, for ground 5, the assessee further submitted that in response to the reasons recorded, the assessee filed its objections on 15-09-2021 reiterating the facts of the case

KAMLESH SINGH,KOLKATA vs. I.T.O. WARD-4(30, KOLKATA

In the result, appeal of the assessee is allowed

147 ITR 212\n• M.S. Kimtee Vs CIT(MP) 151 ITR 73.\n13. Omission to allow opportunity of cross-examination - Only a procedural irregularity -\nRemanded to A.O. ITO Vs M. Pirai Choodi (SC) 334 ITR 26: The High Court was\nsatisfied that there was a glaring violation of the principles of natural justice apparent on\nthe face of the records

TYCOONS INDUSTRIES PVT. LTD.,KOLKATA vs. D.C.I.T.-CC-XX,KOLKATA, KOLKATA

The appeals of the assessee are allowed

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

2. Briefly stated the facts of the cases are that the search and seizure operation of the Act u/s 143(3) of the Act was conducted on 13.02.2010 against Naresh Kumar Group (hereinafter ‘NKG’). In the course of search documents marked as AVR-2 and AVR-5 were found and seized from the possession of Shri Ashok Verma, Vice President

TYCOONS INDUSTRIES PVT. LTD.,KOLKATA vs. D.C.I.T.-CC-XX,KOLKATA, KOLKATA

The appeals of the assessee are allowed

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

2. Briefly stated the facts of the cases are that the search and seizure operation of the Act u/s 143(3) of the Act was conducted on 13.02.2010 against Naresh Kumar Group (hereinafter ‘NKG’). In the course of search documents marked as AVR-2 and AVR-5 were found and seized from the possession of Shri Ashok Verma, Vice President

MAN MOHAN GOENKA,KOLKATA vs. I.T.O., WARD - 43(1),, KOLKATA

In the result, appeal of the assessee is allowed

147 ITR 212\n• M.S. Kimtee Vs CIT(MP) 151 ITR 73.\n13. Omission to allow opportunity of cross-examination - Only a procedural irregularity -\nRemanded to A.O. ITO Vs M. Pirai Choodi (SC) 334 ITR 26: The High Court was\nsatisfied that there was a glaring violation of the principles of natural justice apparent on\n16\nITA No.2111/KOL/2025\nthe face

ACITCC-3(2), KOLKATA vs. SMT. SAVITRI DEVI AGARWAL, BILASPUR

In the result, both the appeals of the Revenue are dismissed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

2…………………………….. 3……………………………… [ Emphasis provided] 5. The Ld.CIT(A) observed that the assessment order and the penalty order undisputedly points out that no search had taken place in the case of the assessee as per section 132(1) of the Act and assessment was completed u/s 153C. Section 271AAB leaves no doubt that provisions of the said section are applicable only

ACIT CC-3(2) , KOLKATA vs. SMT. KALAWATI DEVI AGARWAL, BILASPUR

In the result, both the appeals of the Revenue are dismissed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawal

2…………………………….. 3……………………………… [ Emphasis provided] 5. The Ld.CIT(A) observed that the assessment order and the penalty order undisputedly points out that no search had taken place in the case of the assessee as per section 132(1) of the Act and assessment was completed u/s 153C. Section 271AAB leaves no doubt that provisions of the said section are applicable only

ACIT CC-3(2),, KOLKATA vs. SRI ARJUN LAL AGARWAL , KOLKATA

In the result, both the appeals of the Revenue are dismissed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawal

2…………………………….. 3……………………………… [ Emphasis provided] 5. The Ld.CIT(A) observed that the assessment order and the penalty order undisputedly points out that no search had taken place in the case of the assessee as per section 132(1) of the Act and assessment was completed u/s 153C. Section 271AAB leaves no doubt that provisions of the said section are applicable only

M/S. DHANBAD MINERALS PVT. LTD.,,KOLKATA vs. ITO, WARD 6(1),, KOLKATA

In the result, appeal of the assessee is allowed

147 ITR 212\n• M.S. Kimtee Vs CIT(MP) 151 ITR 73.\n13. Omission to allow opportunity of cross-examination - Only a procedural irregularity -\nRemanded to A.O. ITO Vs M. Pirai Choodi (SC) 334 ITR 26: The High Court was\nsatisfied that there was a glaring violation of the principles of natural justice apparent on\nthe face of the records

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA, KOLKATA vs. M/S. BHAVYA MERCHANDISE PVT. LTD., , KOLKATA

In the result, appeals by the revenue are dismissed and cross-objections by the assessee are allowed

2) of section 148”. 15. Further he adds that even in absence of any explanation u/s 153A also similar to the explanation 3 u/s 147, the intention of the legislature and the scheme of the Act for making assessment u/s 153A where search u/s 132 is initiated, is same i.e. in order to make assessment of total income, after having

DCIT, C.C.XXVII, KOLKATA, KOLKATA vs. M/S. PRATAP PROPERTIES LTD., KOLKATA

Accordingly, the grounds raised by the revenue for all the assessment years are dismissed

Bench: Hon. Sri Mahavir Singh & Hon. Sri M.Balaganesh

147 of the Act but not u/s 153A of the Act. When accepted by the AO then there is no concealment of income and consequently penalty u/s 271(1)(c ) of the Act cannot be imposed. The concealment of income is to be determined with regard to the return of income in response to notice u/s 153A

NEZONE TUBES LIMITED,KOLKATA vs. DCIT, CIRCLE 1(1), KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

147 to 151 are machinery provisions. Therefore, they must be given an interpretation that is consistent with the object and purpose of the Income-tax Act. . . 74. The above table indicates that the specified authority is directly co-related to the time when the notice is issued. This plays out as follows under the old regime: (i) If income escaping

NEZONE TUBES LIMITED,KOLKATA vs. DCIT, CIRCLE 1(1), KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

147 to 151 are machinery provisions. Therefore, they must be given an interpretation that is consistent with the object and purpose of the Income-tax Act. . . 74. The above table indicates that the specified authority is directly co-related to the time when the notice is issued. This plays out as follows under the old regime: (i) If income escaping

DEPUTY COMMISSIONER OF INCOME TAX, KOLKATA vs. SHAKAMBHARI ISPAT & POWER LIMITED, KOLKATA

147 has been initiated and accordingly the\nimpugned notice u/s 148 and the consequent proceedings u/s\n147 is bad in law and it may be held accordingly.\n6. For that in view of the facts and in the circumstances, Ld.\nCIT(A) erred in not deleting the entire addition of alleged\nundisclosed purchase

M/S. SHAKAMBHARI ISPAT & POWER LTD.,KOLKATA vs. DCIT, CC - 3(3),, KOLKATA

147 has been initiated and accordingly the\nimpugned notice u/s 148 and the consequent proceedings u/s\n147 is bad in law and it may be held accordingly.\n6. For that in view of the facts and in the circumstances, Ld.\nCIT(A) erred in not deleting the entire addition of alleged\nundisclosed purchase

M/S. SHAKAMBHARI ISPAT & POWER LTD., ,KOLKATA vs. DCIT, CENTRAL CIRCLE 3(3), , KOLKATA

147 has been initiated and accordingly the\nimpugned notice u/s 148 and the consequent proceedings u/s\n147 is bad in law and it may be held accordingly.\n6. For that in view of the facts and in the circumstances, Ld.\nCIT(A) erred in not deleting the entire addition of alleged\nundisclosed purchase