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48 results for “reassessment u/s 147”+ Section 171clear

Sorted by relevance

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Key Topics

Section 147103Section 143(3)66Section 14864Section 26352Section 271(1)(c)30Addition to Income30Section 13122Section 6822Reopening of Assessment

DCIT, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. SURESH KUMAR BANTHIA, KOLKATA

In the result, the appeal of the Revenue is dismissed and the Cross\nObjection of the assessee is partly allowed

ITA 1894/KOL/2025[2016-17]Status: DisposedITAT Kolkata13 Jan 2026AY 2016-17
Section 133ASection 143(3)Section 147Section 148

u/s 147 was bad in\nlaw\"\n5.2.5. The assessee further relied upon on the recent decision of the Hon'ble Rajasthan\nHigh Court delivered in the case of 'Shyam Sunder Khandelwal vs ACIT Income-tax,\nreported in [2024] 161 taxmann.com 255 (Rajasthan)', where facts to the case is that\nreassessment proceedings under section 147 of the Act was initiated

DCIT, CIRCLE - 6(1), KOLKATA , KOLKATA vs. M/S. GAURAV ROSE REAL ESTATE PVT. LTD., , KOLKATA

In the result, the appeals of the revenue are dismissed and the cross objection of the different assessees are also dismissed

Showing 1–20 of 48 · Page 1 of 3

21
Section 133(6)15
Unexplained Cash Credit15
Reassessment14
ITA 2407/KOL/2019[2011-12]Status: DisposedITAT Kolkata21 Nov 2022AY 2011-12

Bench: Shri Sanjay Garg & Shri Rajesh Kumar] "ी संजय गग" "या"यक सद"य एवं "ी राजेश कुमार, लेखा सद"य के सम"

Section 133(6)Section 142(1)Section 143(3)Section 147Section 148Section 68

u/s 148 of the I. T. Act for assessment year 2011-12. As such , I seek your kind approval for re-opening of the above mentioned case u/s 147 of the I.T.Act, 1961. 31 I.T.A. No.2407 & 2408/Kol/2019 C.O No. 55 & 56/Kol/2019 Assessment Year: 2011-12 M/s Gaurav Rose Real Estate Pvt. Ltd. M/s G.K. Ispat Pvt. Ltd. 7. In this

D.C.I.T.,CIRCLE-6(1), KOLKATA vs. M/S G.K.ISPAT PRIVATE LIMITED , KOLKATA

In the result, the appeals of the revenue are dismissed and the cross objection of the different assessees are also dismissed

ITA 2408/KOL/2019[2011-12]Status: DisposedITAT Kolkata21 Nov 2022AY 2011-12

Bench: Shri Sanjay Garg & Shri Rajesh Kumar] "ी संजय गग" "या"यक सद"य एवं "ी राजेश कुमार, लेखा सद"य के सम"

Section 133(6)Section 142(1)Section 143(3)Section 147Section 148Section 68

u/s 148 of the I. T. Act for assessment year 2011-12. As such , I seek your kind approval for re-opening of the above mentioned case u/s 147 of the I.T.Act, 1961. 31 I.T.A. No.2407 & 2408/Kol/2019 C.O No. 55 & 56/Kol/2019 Assessment Year: 2011-12 M/s Gaurav Rose Real Estate Pvt. Ltd. M/s G.K. Ispat Pvt. Ltd. 7. In this

M/S CLASSIC FLOUR AND FOOD PROCESSING PVT LTD.,KOLKATA vs. ITO, WD-11(4), KOLKATA, KOLKATA

In the result, ITA No. 765 & 766/Kol/2014 are allowed while ITA

ITA 764/KOL/2014[2009-2010]Status: DisposedITAT Kolkata05 Apr 2017AY 2009-2010

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ]

For Appellant: Shri S.M.Surana, AdvocateFor Respondent: Shri G.Mallikarjuna, CIT(DR)
Section 133(6)Section 143(1)Section 147Section 148Section 263

147 has not been satisfied. We therefore hold that reassessments orders for A.Y.2007-08 and 2008-09 dated 30.12.2011 were invalid. Consequently order passed u/s 263 of the Act dated 21.03.2014 for A.Y.2007- 08 and 2008-09 are also held to be invalid and quashed. Thus the appeals being ITA No.765 and 766/Kol/2014 are allowed. 17. As far as this appeal

M/S GOLDEN VINCOM PVT LTD,KOLKATA vs. PCIT-1, KOLKATA

In the result, the appeal of the assessee is allowed as per the terms indicated above

ITA 143/KOL/2021[2011-12]Status: DisposedITAT Kolkata27 Apr 2022AY 2011-12

Bench: Sri Sanjay Garg & Sri Manish Borad)

Section 143(3)Section 147Section 151Section 263

147 has not been satisfied. We therefore hold that reassessments orders for A.Y.2007-08 and 2008- 09 dated 30.12.2011 were invalid. Consequently order passed u/s 263 of the Act dated 21.03.2014 for A.Y.2007-08 and 2008-09 are also held to be invalid and quashed. Thus the appeals being ITA No.765 and 766/Kol/2014 are allowed. 17. As far as this appeal

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

ITA 2179/KOL/2025[2011-2012]Status: DisposedITAT Kolkata31 Dec 2025AY 2011-2012

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

For Appellant: Shri S.K. Tulsiyan, ARFor Respondent: Shri Sanat Kumar Raha, DR
Section 139(1)Section 143(2)Section 143(3)Section 144Section 147Section 148Section 151(1)Section 153ASection 68

171 (SC). 4.3. So far as the reopening of assessment on borrowed satisfaction is concerned, we note that the ld. AO has simply noted the information received from the investigation wing and hurriedly concluded that the income has escaped assessment to the extent of 50.00 crores received from M/s Pahargoomiah Exports Ltd. We note that

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

ITA 1672/KOL/2018[2001-02]Status: DisposedITAT Kolkata08 Nov 2019AY 2001-02

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

Section 132Section 132(4)Section 139Section 143(1)Section 147Section 148Section 149(1)(c)Section 153A

147 had become time barred, the same stood revived because of the Explanation. 15. We find that in the impugned order the ld. CIT(A) relied on the decision of the Hon’ble Supreme Court in the case of J.P. Jani ITO Vs Induprasad D. Bhatt (supra). In the decided case the assessee had claimed that his assessment was reopened

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

In the result, appeal of the assessee is allowed

ITA 1084/KOL/2023[2013-13]Status: DisposedITAT Kolkata18 Jun 2024AY 2013-13

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

Section 143(3)Section 144Section 144BSection 147Section 148

147 of the Act which states that where assessment has been framed u/s. 143(3) of the 5 Debabrata Banerjee, AY 2013-14 Act then the reopening can only be made beyond four years from the end of relevant assessment year if the escapement has been occurred due to the failure on the part of the assessee to disclose

ASHIKA STOCK BROKING LIMITED, KOLKATA,KOLKATA vs. DCIT, CC-2(1), KOLKATA, KOLKATA

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

ITA 390/KOL/2022[2011-2012]Status: DisposedITAT Kolkata31 Aug 2023AY 2011-2012

Bench: Shri Sanjay Garg & Shri Rajesh Kumar]

Section 131Section 133ASection 143(1)Section 143(3)Section 147Section 148

u/s 148(2) of the Act by the AO to reopen the assessment on the basis of DDIT Kolkata report and find that the reasons were recorded very vague manner, are full of infirmities and non application of mind. We note that the AO has recorded in the reasons that the assessee has failed to account for income

ASHIKA STOCK BROKING LIMITED,KOLKATA vs. DCIT, CC-2(1), KOLKATA, KOLKATA

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

ITA 401/KOL/2022[2015-2016]Status: DisposedITAT Kolkata31 Aug 2023AY 2015-2016

Bench: Shri Sanjay Garg & Shri Rajesh Kumar]

Section 131Section 133ASection 143(1)Section 143(3)Section 147Section 148

u/s 148(2) of the Act by the AO to reopen the assessment on the basis of DDIT Kolkata report and find that the reasons were recorded very vague manner, are full of infirmities and non application of mind. We note that the AO has recorded in the reasons that the assessee has failed to account for income

ASHIKA STOCK BROKING LIMITED, KOLKATA,KOLKATA vs. D.C.I.T., CC-2(1), KOLKATA, KOLKATA

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

ITA 400/KOL/2022[2013-2014]Status: DisposedITAT Kolkata31 Aug 2023AY 2013-2014

Bench: Shri Sanjay Garg & Shri Rajesh Kumar]

Section 131Section 133ASection 143(1)Section 143(3)Section 147Section 148

u/s 148(2) of the Act by the AO to reopen the assessment on the basis of DDIT Kolkata report and find that the reasons were recorded very vague manner, are full of infirmities and non application of mind. We note that the AO has recorded in the reasons that the assessee has failed to account for income

ASHIKA STOCK BROKING LIMITED,KOLKATA vs. D.C.I.T., CENTRAL CIRCLE - 2(1), KOLKATA, KOLKATA

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

ITA 399/KOL/2022[2012-2013]Status: DisposedITAT Kolkata31 Aug 2023AY 2012-2013

Bench: Shri Sanjay Garg & Shri Rajesh Kumar]

Section 131Section 133ASection 143(1)Section 143(3)Section 147Section 148

u/s 148(2) of the Act by the AO to reopen the assessment on the basis of DDIT Kolkata report and find that the reasons were recorded very vague manner, are full of infirmities and non application of mind. We note that the AO has recorded in the reasons that the assessee has failed to account for income

A J MILL STORE AGENCY PRIVATE LIMITED ,KOLKATA vs. I.T.O.,WARD-2(1), KOLKATA

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

ITA 552/KOL/2021[2012-13]Status: DisposedITAT Kolkata28 Nov 2022AY 2012-13

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 131oSection 143(3)Section 147Section 148

147 of the Act. Accordingly the reassessment proceedings is held to be invalid in law and quashed. 7. Even on merit, the case of the assessee is very strong for the reasons that the amount of share capital and share premium have been added by the AO in the order passed u/s 143(3) of the Act wherein an addition

A J MILL STORE AGENCY PRIVATE LIMITED ,KOLKATA vs. I.T.O.,WARD-2(1), KOLKATA

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

ITA 551/KOL/2021[2012-13]Status: DisposedITAT Kolkata28 Nov 2022AY 2012-13

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 131oSection 143(3)Section 147Section 148

147 of the Act. Accordingly the reassessment proceedings is held to be invalid in law and quashed. 7. Even on merit, the case of the assessee is very strong for the reasons that the amount of share capital and share premium have been added by the AO in the order passed u/s 143(3) of the Act wherein an addition

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), KOLKATA, KOLKATA vs. M/S AMLUCKIE INVESTMENT COMPANY LIMITED, KOLKATA

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

ITA 2541/KOL/2025[2013-14]Status: DisposedITAT Kolkata18 Feb 2026AY 2013-14

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.2541 & 2542/Kol/2025 Assessment Years: 2013-14 & 2015-16 Dcit, Cc-1(2), Kolkata…………..…....…………….……….……….……Appellant Vs. M/S Amluckie Investment Company Ltd.……………….....……...…..…..Respondent 2Nd Floor, 10 Princep Street, Kolkata-700072. [Pan: Aacca6749H] Appearances By: Shri Manoj Kr. Pati, Sr. Dr, Appeared On Behalf Of The Appellant. Shri Miraj D Shah, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 12, 2026 Date Of Pronouncing The Order : February 18, 2026 Order Per Pradip Kumar Choubey: Both The Present Appeals Filed By The Revenue Are Directed Against Separate Orders Both Dated 21.07.2025 Of The Cit(A)-20, Kolkata Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Years 2013–14 2015-16 Respectively. Since Both The Appeals Relate To The Same Assessee & Arisen From Same Appellate Order, Therefore, These Appeals Were Heard Together & We Are Going To Dispose Of These Appeals By Passing A Consolidated Order. 2. Both The Appeal Filed By The Revenue With A Delay Of 35 Days & The Revenue Has Filed Separate Petitions For Condonation Of The Delays. After Going Over The Said Petitions, We Find Sufficient Reasons Behind Such Delays & Consequently, The Delays In Filing Both The Appeal Are Hereby Condoned & We Proceed To Dispose Of The Appeals On Merits.

Section 131Section 143(2)Section 147Section 148Section 250

section 148, the prerequisite is there should be a valid notice Admittedly, in the case on hand, the notice was held to be not sustainable. If that be so, the assessing officer cannot be stated to be empowered to make a roving enquiry into other issues which according to him came to his notice during the reassessment proceedings. The foundation

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), KOLKATA, KOLKATA vs. M/S AMLUCKIE INVESTMENT COMPANY LIMITED, KOLKATA

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

ITA 2542/KOL/2025[2015-16]Status: DisposedITAT Kolkata18 Feb 2026AY 2015-16

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.2541 & 2542/Kol/2025 Assessment Years: 2013-14 & 2015-16 Dcit, Cc-1(2), Kolkata…………..…....…………….……….……….……Appellant Vs. M/S Amluckie Investment Company Ltd.……………….....……...…..…..Respondent 2Nd Floor, 10 Princep Street, Kolkata-700072. [Pan: Aacca6749H] Appearances By: Shri Manoj Kr. Pati, Sr. Dr, Appeared On Behalf Of The Appellant. Shri Miraj D Shah, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 12, 2026 Date Of Pronouncing The Order : February 18, 2026 Order Per Pradip Kumar Choubey: Both The Present Appeals Filed By The Revenue Are Directed Against Separate Orders Both Dated 21.07.2025 Of The Cit(A)-20, Kolkata Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Years 2013–14 2015-16 Respectively. Since Both The Appeals Relate To The Same Assessee & Arisen From Same Appellate Order, Therefore, These Appeals Were Heard Together & We Are Going To Dispose Of These Appeals By Passing A Consolidated Order. 2. Both The Appeal Filed By The Revenue With A Delay Of 35 Days & The Revenue Has Filed Separate Petitions For Condonation Of The Delays. After Going Over The Said Petitions, We Find Sufficient Reasons Behind Such Delays & Consequently, The Delays In Filing Both The Appeal Are Hereby Condoned & We Proceed To Dispose Of The Appeals On Merits.

Section 131Section 143(2)Section 147Section 148Section 250

section 148, the prerequisite is there should be a valid notice Admittedly, in the case on hand, the notice was held to be not sustainable. If that be so, the assessing officer cannot be stated to be empowered to make a roving enquiry into other issues which according to him came to his notice during the reassessment proceedings. The foundation

SAHARA HOUSINGFINE CORPORATION LTD. ,KOLKATA vs. DCIT,CIR-7(1), KOL. , KOLKATA

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

ITA 504/KOL/2023[2010-11]Status: DisposedITAT Kolkata22 Aug 2023AY 2010-11

Bench: Sri Rajesh Kumar & Sonjoy Sarma

Section 143(3)Section 147Section 148Section 148(2)

171 (SC). Ld. A/R pointed out that in the case before the Hon'ble Apex Court the issue was whether the notice issued after a period of four years after relevant assessment year where the assessment has been framed u/s 143(3) of the Act, proviso to Section 147 of the Act shall apply. In that case Hon'ble Apex

SAMRAT FINVESTORS PRIVATE LIMITED,KOLKATA vs. DCIT, CENT. CIR. 4(2), , KOLKATA

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

ITA 1037/KOL/2025[2015-2016]Status: DisposedITAT Kolkata16 Oct 2025AY 2015-2016

Bench: Shri Rajesh Kumar, Am & Shrigeorge Mathan, Jm

For Appellant: Shri Soumitra Choudhury, ARFor Respondent: Shri Sanat Kumar Raha, DR
Section 131Section 143(3)Section 263Section 68

171 has held that where all the evidences were filed by the assessee proving the identity and creditworthiness of the loan transactions, the fact that summon issued were returned un-served or no body complied with them is of little significance to prove the genuineness of the transactions and identity and creditworthiness of the creditors. That Hon’ble Calcutta High

SAMRAT FINVESTORS PRIVATE LIMITED,KOLKATA vs. DCIT, CENT. CIR. 4(2), , KOLKATA

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

ITA 1036/KOL/2025[2014-2015]Status: DisposedITAT Kolkata16 Oct 2025AY 2014-2015

Bench: Shri Rajesh Kumar, Am & Shrigeorge Mathan, Jm

For Appellant: Shri Soumitra Choudhury, ARFor Respondent: Shri Sanat Kumar Raha, DR
Section 131Section 143(3)Section 263Section 68

171 has held that where all the evidences were filed by the assessee proving the identity and creditworthiness of the loan transactions, the fact that summon issued were returned un-served or no body complied with them is of little significance to prove the genuineness of the transactions and identity and creditworthiness of the creditors. That Hon’ble Calcutta High

SAMRAT FINVESTORS PRIVATE LIMITED,KOLKATA vs. ITO, WARD 5(2) (NOW DCIT, CENT.CIR. 4(2)), KOLKATA

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

ITA 1035/KOL/2025[2012-2013]Status: DisposedITAT Kolkata16 Oct 2025AY 2012-2013

Bench: Shri Rajesh Kumar, Am & Shrigeorge Mathan, Jm

For Appellant: Shri Soumitra Choudhury, ARFor Respondent: Shri Sanat Kumar Raha, DR
Section 131Section 143(3)Section 263Section 68

171 has held that where all the evidences were filed by the assessee proving the identity and creditworthiness of the loan transactions, the fact that summon issued were returned un-served or no body complied with them is of little significance to prove the genuineness of the transactions and identity and creditworthiness of the creditors. That Hon’ble Calcutta High