ITO, WD.9(1), KOLKATA vs. M/S MAHARAJ VINCOM PVT. LTD., KOLKATA

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.35/Kol/2021 Assessment Year: 2009-10 Ito, Ward-9(1), Kolkata……………….......................…...……………....Appellant Vs. M/S Maharaj Vincom Pvt. Ltd……............…..........................…..…..... Respondent 69, Jamunalal Bajaj Street, Kolkata- 700007. [Pan: Aafcm6496E] C.O. No.6/Kol/2023 (A/O I.T.A. No.35/Kol/2021) Assessment Year: 2009-10 M/S Maharaj Vincom Pvt. Ltd……............…..........................…....... Cross-Objector 69, Jamunalal Bajaj Street, Kolkata- 700007. [Pan: Aafcm6496E] Vs Ito, Ward-9(1), Kolkata …………..….......................…...……………....Respondent Appearances By: Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Assessee. Shri Abhijit Kundu, Cit-Dr, Appeared On Behalf Of The Department. Date Of Concluding The Hearing : March 07, 2024 Date Of Pronouncing The Order : May 15, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: This Appeal By The Revenue & Corresponding Cross-Objection By The Assessee Have Been Preferred Against The Order Dated 08.09.2020 Of The Commissioner Of Income Tax (Appeals)-7, Kolkata (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’).

147 of the Act or revision of the assessment u/s 263 of the Act is done, in such circumstances, whether the assessee has a right to challenge the very validity of the primary proceedings in an appeal filed against any order passed in such subsequent/collateral proceedings. The Tribunal has discussed various case laws in this respect. The relevant part

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

reassessment proceedings are invalid and bad in law, therefore, such proceedings could not be revised under section 263 of the I. T. Act. It is also well settled Law that validity of the re- assessment proceedings are to be judged on the basis of the reasons recorded for reopening of the assessment.’’ He further placed reliance upon the following judgments

BHARGAB ENGINEERING WORKS,HOWRAH vs. PCIT, CENTRAL KOLKATA 2, , KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Shri George Mathan & Shri Rakesh Mishra

reassessment order dated 30.03.2023. 2 FOR THAT the Principal Commissioner of Income Tax, Central Circle, Kolkata-2 passed his Order u/s 263 on 25.03.2025 whereas the reply furnished by the assessee on 28.01.2025 was not considered in proper perspective and even the personal hearing prayed for by the assessee was not afforded and thereby, the instant Revisional Order u/s

D.C.I.T., CENTAL CIRCLE - 3(3) KOLKATA, KOLKATA vs. SHRI BISWANATH GARODIA, KOLKATA

In the result, all the appeals of the revenue are dismissed and cross objections of assessee are also dismissed being academic in nature

Bench: Shri A. T. Varkey, Jm & Dr. (Shri) Arjunlalsaini, Am]

reassessment proceedings had become time barred on or before 31.03.2012 and therefore initiation of proceedings u/s. 147 on 16.02.2016 was hit by the law of limitation”. Thereafter, he reproduced Section 149(1) of the Income-tax Act, 1961 as under:- " (1) No notice under section 148 shall be issued for the relevant assessment year,­ (a) if four years have elapsed

SRI MOTILAL JAIN,KOLKATA vs. I.T.O., WARD-35(4), KOLKATA, KOLKATA

In the result, the appeals of the assessee are allowed

Bench: Shri P.M. Jagtap

163/- on 03.05.2011 by CPC against the return income of Rs.4,80,160/-. Latter it is found and detected that against the tax identification no. (TIN) 2767002475IV for the F.Y 2009-10 relevant to the AY 2010- 11 the assessee suppress his sale of Rs.1,56,728/-. In the light of the above, I have reason to believe that there

PARAS PALAZA PRIVATE LIMITED,BANGALURU vs. INCOME TAX OFFICER, WARD 10(4), KOLKATA, GOVT PLACE

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Sonjoy Sarma, Jm Paras Plaza Pvt. Ltd. Income Tax Officer, No.5, Mel Layout, Bagalagunte, Ward 10(4), Kolkata Vs. Bangalore, Karnataka-560088 3, Govt Place, Kolkata-700001 (Respondent) (Appellant) Pan No. Aaecp8301N Assessee By : Shri Amit Agarwal, Ar Revenue By : Shri Manoj Kumar Pati, Dr Date Of Hearing: 10.09.2025 Date Of Pronouncement: 03.11.2025

u/s 151 of the Act. “IV. The impugned reassessment order dated 28th December, 2019 passed 143(3) read with section 147 the Act in the case of assessee for the assessment year 2012-13 is without jurisdiction, illegal invalid and bad in law. The reassessment proceedings were wrongly initiated vide notice dated 26.03.2019 under section 148, even prior to receipt

SMT. NITA SETHIA ,KOLKATA vs. DCIT, CENTRAL CIRCLE - 3(3), , KOLKATA

Appeal is allowed

Bench: Shri S.S.Godara & Shri, M. Balaganeshassessment Year :2012-13 Smt. Nita Sethia V/S. Dcit, Central Circle- 5, Janki Shah Road, 1St 3(3), 110, Shanti Pally, Floor, Hastings, Aayakar Bhavan, Kolkata-700022 Poorva, E.M. Bye Pass, [Pan No.Ajwps 8335 H] Nr. Ruby Hospital, Kolkata-107 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri S.M. Surana, Advocate अपीलाथ" क" ओर से/By Appellant Shri P.K. Srihari, Cit-Dr ""यथ" क" ओर से/By Respondent 12-11-2018 सुनवाई क" तार"ख/Date Of Hearing 30-11-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For The Assessment Year 2012-13 Arises Against Commissioner Of Income Tax (Appeals)-21, Kolkata’S Order Dated 31.08.2018 Passed In Case No.930/Acit,Cc-3(3)/Cit(A)-21/Kol/2015-16, Involving Proceedings U/S 153A R.W.S.143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. The Assessee Raises Two Substantive Grounds In Her Instant Appeal. Her Former Legal Grievance Challenges Validity Of Sec. 153A Proceedings In Absence Of Any Incriminating Material Found Or Seized During The Course Of Search. This Follows Her Latter Substantive Ground On Merits That The Assessing Officer & The Cit(A) Have Erred In Law As Well As On Facts In Treating Long

163/- be treated as the one filed in furtherance to sec 153A proceeding. She further objected to the impugned proceeding for lack of any incriminating material found or seized during the course of search conducted in her case. The Assessing Officer rejected the same quoting hon'ble Delhi high court’s decision in CIT vs. Anil Kumar Bhatia

ITO WD-3(1), KOLKATA vs. PERFECT WAHERS & FASTENERS (P) LTD, KOLKATA

In the result, the appeal of the Revenue is dismissed

147 read with section 144B of the Incometax Act,\nvide order dated 29.05.2023, assessed the total income at\nRs.5,50,74,674/-.\nAggrieved assessee preferred the appeal before the Id. CIT (A), who\nallowed the appeal of the assessee by observing and holding as\nunder:-\n\"6.0 CIT's Decision:\n6.1\nThe grounds of appeal, assessment order and submissions

SHRI DIPENDRA NATH CHUNDER,KOLKATA vs. I.T.O.,WARD-54(4), KOLKATA

In the result, all the three writ petitions succeed and are allowed and the impugned notices dated 23rd

Bench: Shri S.S, Godaraassessment Year:2009-10

147 shall apply as they apply for the purposes of that section.] (2) The provisions of sub- section (1) as to the issue of notice shall be subject to the provisions of section 151. (3) If the person on whom a notice under section 148 is to be served is a person treated as the agent of a non- resident

RADIX TIE-UP PVT. LTD.,KOLKATA vs. I.T.O.,WARD-11(2), KOLKATA

Appeal is allowed

Bench: Sri S. S. Godara] आयकर अपीलसं./I.T.A No.2404/Kol/2019 ("नधा"रण वष" / Assessment Year: 2010-11) Radix Tie-Up Pvt. Ltd. Vs. Ito, Ward-11(2), Kolkata 184/A, Regent Colony, Tollygunge, Kolkata – 700001. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaecr1237M (Appellant) .. (Respondent) Appellant By : Shri S. M. Surana, Advocate Respondent By : Smt. Ranu Biswas, Addl. Cit- Sr. Dr सुनवाई क" तार"ख/ Date Of Hearing : 27/01/2020 घोषणा क" तार"ख/Date Of Pronouncement : 14/02/2020 आदेश / O R D E R Per Shri S. S. Godara: This Assessee’S Appeal For Assessment Year 2010-11 Arises Against The Commissioner Of Income Tax (A) - 4, Kolkata’S Order Dated 10.05.2019 Passed In Case No.791/Cit(A)-4/16-17 Involving Proceedings U/S 147 Of The Income Tax Act, 1961 (In Short ‘The Act’). Heard Both The Parties. Case File Perused. 2. For The Reasons Stated In Assessee’S Condonation Petition Dated 27.01.20 Explaining Five Days’ Delay To Be Attributable To Various Procedural Aspects & Compilation Of Necessary Records & On Account Of No Objection From The Revenue Side, I Condone The Impugned Delay Of Five Days In Filing Of The Instant Appeal & Proceed To Adjudicate The Same On Merits.

147 shall apply as they apply for the purposes of that section.] (2) The provisions of sub-section (1) as to the issue of notice shall be subject to the provisions of section 151. (3) If the person on whom a notice under section 148 is to be served is a person treated as the agent of a non-resident

DCIT, CIR-11(1), KOLKATA, KOLKATA vs. M/S HALDIA PETROCHEMICALS LTD., KOLKATA

In the result, the appeal of the assessee is allowed while the appeal of revenue is treated as dismissed

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm ] I.T.A. No. 1532/Kol/2015 Assessment Year 2003-04 Haldia Petrochemicals Ltd..............................………………………………………….Appellant Bengal Eco Intelligent Park (Techno) Tower 1, Block Em, Plot-3, Salt Lake City, Sec-V, 3Rd Floor, Kolkata – 700 091 [Pan: Aaach 7360 R] Acit, Circle 8 Kolkata,...................…………………………………………………….Respondent P-7, Chowringhee Square, Aayakar Bhawan, Kolkata - 700069 I.T.A. No. 167/Kol/2016 Assessment Year 2003-04 Dcit, Circle 11(1) Kolkata.............................………………………………………..Appellant P-7, Chowringhee Square, Kolkata – 700 069 Haldia Petrochemicals Ltd..............................………………………………………Respondent Bengal Eco Intelligent Park (Techno) Tower 1, Block Em, Plot-3, Salt Lake City, Sec-V, 3Rd Floor, Kolkata – 700 091 [Pan: Aaach 7360 R] Appearances By: Shri Harakamal Chakravorty, Ar Appearing On Behalf Of The Assessee. Shri Sallong Yaden, Addl. Cit Appearing On Behalf Of The Revenue.

reassessment proceedings was not acceptable by the A.O. and he proceeded to make a disallowance of Rs. 1,10,08,966/- being excess claim of depreciation made by the assessee in the assessment completed under section 143(3)/147 vide an order dated 21.12.2009. 4. Against the order passed by the A.O. under section 143(3)/147, an appeal

HALDIA PETROCHEMICALS LTD.,KOLKATA vs. ACIT, CIR-8, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed while the appeal of revenue is treated as dismissed

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm ] I.T.A. No. 1532/Kol/2015 Assessment Year 2003-04 Haldia Petrochemicals Ltd..............................………………………………………….Appellant Bengal Eco Intelligent Park (Techno) Tower 1, Block Em, Plot-3, Salt Lake City, Sec-V, 3Rd Floor, Kolkata – 700 091 [Pan: Aaach 7360 R] Acit, Circle 8 Kolkata,...................…………………………………………………….Respondent P-7, Chowringhee Square, Aayakar Bhawan, Kolkata - 700069 I.T.A. No. 167/Kol/2016 Assessment Year 2003-04 Dcit, Circle 11(1) Kolkata.............................………………………………………..Appellant P-7, Chowringhee Square, Kolkata – 700 069 Haldia Petrochemicals Ltd..............................………………………………………Respondent Bengal Eco Intelligent Park (Techno) Tower 1, Block Em, Plot-3, Salt Lake City, Sec-V, 3Rd Floor, Kolkata – 700 091 [Pan: Aaach 7360 R] Appearances By: Shri Harakamal Chakravorty, Ar Appearing On Behalf Of The Assessee. Shri Sallong Yaden, Addl. Cit Appearing On Behalf Of The Revenue.

reassessment proceedings was not acceptable by the A.O. and he proceeded to make a disallowance of Rs. 1,10,08,966/- being excess claim of depreciation made by the assessee in the assessment completed under section 143(3)/147 vide an order dated 21.12.2009. 4. Against the order passed by the A.O. under section 143(3)/147, an appeal

QUADEYE SECURITIES PVT. LTD.,KOLKATA vs. DCIT, CIR. 11(1), KOLKATA

In the result, the appeal of the assessee stands allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. No.792/Kol/2024 Assessment Year: 2011-12 Quadeye Securities Pvt. Ltd..………...........………………....Appellant 184, Harish Mukherjee Road, 1St Floor, Kolkata-700026. [Pan: Aabce7790H] Vs. Dcit, Circle-11(1), Kolkata….………….…............................…..…..... Respondent Appearances By: Shri A. K. Tibrewal, Fca, Appeared On Behalf Of The Assessee. Shri Vineet Kumar, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : July 08, 2024 Date Of Pronouncing The Order : October 07, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 29.02.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Is Aggrieved By The Action Of The Ld. Cit(A) In Confirming The Addition Made By The Assessing Officer On Account Of Disallowance Of Loss Of Rs.2,47,48,393/- Incurred By The Assessee In Commodities Dealing In National Multi Commodity Exchange Of India Limited (‘Nmce’) Platform & Further Making Addition Of Rs.4,92,263/- U/S 69C Of The Act On Account Of Alleged Commission That Might Have Been Paid By The Assessee In Booking The Aforesaid Bogus Loss In Commodity Trading.

163 taxmann. com 37 (Bombay) 6. Reynolds Shirting Ltd -vs- ACIT - 135 taxmann.com 78 (Bombay) / [2022] 285 Taxman 554 (Bombay) 7. PCIT -vs- Eastern Coalfields Ltd. - ITAT/98/2018, judgment dated 04.01.2022 (Cal HC) 8. PCIT -vs- Sambuddha Tracon Pvt. Ltd. - ITAT/90/2022, judgment dated 15.11.2022 (Cal HC) 9 Champalal Omprakash -vs- ITO [2024] 159 taxmann.com 1397 (Kolkata - Trib.) 10. PKC Securities

ITO,WARD-9(1), KOLKATA, KOLKATA vs. M/S ACCUREX TRADERS PVT. LTD., NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Shri A. T. Varkey, Jm & Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1783/Kol/2016 ("नधा"रण वष" / Assessment Year: 2008-09) Ito, Ward-9(1), Kolkata Vs. M/S Accurex Traders Pvt. Ltd. Aaykar Bhawan, P-7, 5Th Floor, Unit No.250, Block-3, Tribhuwan Complex, Iswar Nagar, New Delhi-110 Chowringhee Sq., 065. Kolkata – 700 107. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aacca 1330 J (Appellant) .. (Respondent)

reassessment order passed by the Assessing Officer, the assessee filed an appeal before the ld. CIT(A) and raised the legal issue of the notice u/s 148 being issued after the time limit as prescribed by the Act (the last date to issue section 148 notice was on 31.03.2015). This ground of appeal of the assessee was adjudicated

DCIT, CIR-9(1), NEW DELHI, NEW DELHI vs. M/S SREI INFRASTRUCTURE FINANCE LTD., NEW DELHI

In the result, the appeal of the Revenue is dismissed

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

163, C.R. Building, New Delhi -Vs.- M/s. SREI Infrastructure Finance Limited,........................Respondent D-2, 6t h Floor, Southern Park, Saket Place, New Delhi-110 017 Appearances by: Shri G. Mallikarjuna, CIT, D.R., for the Department Shri Soumen Adak, FCA, for the assessee Date of concluding the hearing : January 19, 2016 Date of pronouncing the order : March

DCIT, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. AVIMA EXPORTS PRIVATE LIMITED , KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Shri Rajesh Kumar (Accountant Member), Shri Pradip Kumar Choubey (Judicial Member)

Section 250 of the Income-tax Act, 1961 (hereinafter referred to as “the Act”). 2. Brief facts of the case are that the assessee company being the flagship concern of ‘Avima Group’ was engaged mainly in trading of jute products. The assessee filed original Return of income u/s 139 of the Act on 27.09.2015 declaring total income at Rs.33

ICI INDIA LTD.,KOLKATA vs. DCIT, CIR-10, KOLKATA, KOLKATA

In the result, Revenue’s appeal is dismissed

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

163 ITR 769 (MP) 3. Kedarnath Jute Mfg. Co. Ltd. v. CIT 82 ITR 363 (SC) 4. Metal Box Co. of India Ltd. v. Their Workmen 73 ITR 53 (SC) 5. ITAT, Kolkata C Bench Rallis India Ltd. v.DCIT Ld. AR also submitted that this Tribunal’s order in assessee’s own case in ITA No. 851/Kol/2008, 1018/Kol/2007 & 1640/Kol/2008

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

In the result, Revenue’s appeal is dismissed

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

163 ITR 769 (MP) 3. Kedarnath Jute Mfg. Co. Ltd. v. CIT 82 ITR 363 (SC) 4. Metal Box Co. of India Ltd. v. Their Workmen 73 ITR 53 (SC) 5. ITAT, Kolkata C Bench Rallis India Ltd. v.DCIT Ld. AR also submitted that this Tribunal’s order in assessee’s own case in ITA No. 851/Kol/2008, 1018/Kol/2007 & 1640/Kol/2008