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’).

47 wherein it has been observed that - "the power that can be exercised under section 143(2) to correct the assessment made under section 143(1) does not exclude the power of the Assessing Officer to reopen the assessment under section 147 if the ingredients of section 147 are satisfied. It is open to the Assessing Officer to invoke

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]

47,180/- in the e-return filed on 26.09.2012. For selecting the case for scrutiny notice u/s. 143 (2) of the Act was issued by ITO, Ward-9 (4), Kolkata dated 23.09.2013. The Central Board of Direct Taxes (CBDT vide Instruction no. 1/2011 supra) revised the monetary limit for issuing notice by ITO/DCs/ACs. Through this instruction it stated that

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]

47,180/- in the e-return filed on 26.09.2012. For selecting the case for scrutiny notice u/s. 143 (2) of the Act was issued by ITO, Ward-9 (4), Kolkata dated 23.09.2013. The Central Board of Direct Taxes (CBDT vide Instruction no. 1/2011 supra) revised the monetary limit for issuing notice by ITO/DCs/ACs. Through this instruction it stated that

M/S INDOVISION COMMODITIES LTD.,KOLKATA vs. ITO, WARD-6(2), KOLKATA

In the result, the appeal of the assessee stands allowed

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.500/Kol/2024 Assessment Year: 2012-13 M/S Indovision Commodities Ltd. .....……………………....………....Appellant Block-B, Suit No.1A Mangalam, 24 & 26 Hemanta Basu Sarani, Dalhousie, Kol-1. [Pan: Aabcm8943Q] Vs. Ito, Ward-6(2), Kolkata…...................................................…..…..... Respondent Appearances By: Shri Sunil Surana, Ar, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit- Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 30, 2024 Date Of Pronouncing The Order : August 06, 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 23.02.2024 Of The National Faceless Appeal Centre (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. For That The Notice U/S 148 & The Reassessment Completed By Ito Wd 6(4) Was Without Jurisdiction, Invalid & Bad In Law & Therefore The Entire Reassessment Is Liable To Be Quashed. 2. For That The Proceedings Initiated U/S 147 On Vague Reasons Without Any Tangible Material Or Independent Application Of Mind Simply On Borrowed Satisfaction, Suspicion & Surmises Were Bad In Law & Therefore The Entire Reassessment Is Liable To Be Quashed.

reassessment is liable to be quashed. 6. For that the Ld. CIT(A) erred in confirming the action of the AO in adding back Rs. 26,18,726/- received from M/s Abhiman Distributors to the total income of the assessee u/s 68 when no enquiry worth name was made from the party or any verification done from the assessment record

ACIT, CENTRAL CIRCLE - 4(3), KOLKATA vs. M/S. GRD COMMODITIES LTD., , KOLKATA

In the result, the appeals of the Revenue are dismissed and the cross objections of assessee are allowed

Bench: Shri P.M. Jagtap(Kz) &Shri A. T. Varkey, Jm] It(Ss)A Nos.120 To123/Kol/2018 Assessment Years: 2009-10 To 2012-13

reassessment proceedings was bad in law as it did not satisfy the condition precedent in the first proviso to Section 147 of the Act. 18. We also find merit in the alternate contention made by the Ld. AR that the notice u/s 148 of the Act was issued on 31-03-2016 without first forming reasons to believe that income

ROHIT BAID,KOLKATA vs. ITO, WARD-36(1), KOLKATA

In the result, the appeal of the assessee stands allowed

Bench: Shri Sanjay Garg & Rajesh Kumari.T.A No.15/Kol/2024 Assessment Year: 2015-16 Rohit Baid………………………..…………………… ........................……Appellant Nokha House, 190B, S P Mukherjee Road, Kalighat, Kolkata – 700026. [Pan: Adppb7719R] Vs. Ito, Ward-36(1), Kolkata…...................…................…........……...…..…..Respondent Appearances By: Shri Bikash Surana, Ar, Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 13, 2024 Date Of Pronouncing The Order : September 12, 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 07.11.2023 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 Has Taken The Following Grounds Of Appeal: “1. For That The Ito Ward 36(1) Kolkata Was Not Vested With The Pecuniary Jurisdiction Over The Case Of The Assessee For The Year Under Consideration, Therefore, The Notice U/S 148 Dated 3 1.03.2021 Issued By Non-Jurisdictional Ao Does Not Have Legal Sanctity & Thus Subsequent Proceedings & Assessment Dated 07.11.2023 Cannot Be Sustained & Is Liable For Being Struck Down, Thus Bad In Law & Void.

147 of the Act, a valid notice u/s 148 of the Act was required to be issued by the competent authority/Assessing Officer having jurisdiction over the assessee. The ld. counsel has submitted that the notice u/s 148 of the Act has not been issued to the assessee by the Assessing Officer having pecuniary jurisdiction over the assessee. He, therefore

M/S.BDS FOODS PVT. LTD. ,KOLKATA vs. D.C.I.T,CIR-7(1), , KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.193/Kol/2023 Assessment Year: 2011-12 M/S Bds Foods Pvt. Ltd.....................…...………………….………....Appellant Shop No.A3, 210, Jessore Road, Kolkata-700089. [Pan: Aacci2360J] Vs. Dcit, Circle-7(1), Kolkata........….........................................…..…..... Respondent Appearances By: Shri Sunil Surana, Advocate, Appeared On Behalf Of The Appellant. Shri P. P Barman, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 31, 2023 Date Of Pronouncing The Order : October 16, 2023 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 14.02.2023 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 Has Taken The Following Grounds Of Appeal: “1. For That The Ld. Cit(A) Erred In Passing The Order Ex-Parte Without Allowing The Appellant Any Proper & Reasonable Opportunity Of Being Heard. 2. For That The Ld. C.I.T(A) Erred In It Was Passing The Order When Incumbent On Him To Deal With & Decide Each Of The Grounds Raised In The Appeal On Its Merits.

147 was not disposed off. 8. For that the Ld CIT(A) erred in not considering that on the facts and circumstances of the case, the addition made without confronting the material relied on by the AO is unjustified and illegal. 9. For that the Ld CIT(A) erred in not considering that on the facts and circumstances

A.C.I.T CIR - 1,HOOGHLY, HOOGHLY vs. M/S JAIRAM DISTRIBUTORS, HOOGHLY

In the result, the appeal of the Revenue is dismissed

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

47,448/- on 28-06-200, where it ITA No.1255/Kol/2013-A-JM 2 M/s. Jairam Distributors requires to be paid on 31-05-2005 as specified under Rule 30(1) of the Income Tax Rules. Therefore, the AO added the entire commission payment of Rs. 28,91,126/- on which TDS deducted but deposited belatedly to the total income of the assessee

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]

47) defining the expressions 'capital asset' & 'transfer' were amended and the amended provisions were made effective retrospectively from 01.04.1962. Similarly amendments were carried out in Section 9(1)(vi) & 9(1)(vii) enlarging the definition of income deemed to accrue in India by way of 'royalty' and 'fees for technical services' and the amendments were made effective retrospectively from

MAITHAN CERAMIC LTD.,,KOLKATA vs. ACIT, CIRCLE 7(1),, KOLKATA

In the result, appeal of the assessee is dismissed

47,945/- was paid on the said loan, on which TDS of 274,795/-\nwas duly deducted under Section 194A of the Act. (Page-90)\nDuring the course of the assessment proceedings, notice/s 142(1)\nissued seeking details of unsecured loan raised during the financial\nyear 2010-11, indicating the name(s), complete postal address and\nPAN

M/S PARAMOUNT PROPERTIES & ESTATE DEVELOPMENTS LTD.,KOLKATA vs. ITO, WD-3(1), KOLKATA, KOLKATA

In the result, appeal of assessee is allowed on legal grounds

Bench: Shri A. T. Varkey & Shri Waseem Ahmedi.T.A. No.93/Kol/2016 Assessment Year 2005-06 M/S. Paramount Properties & I.T.O., Wd-3(1), Kolkata. P-7, Chowringhee Square, Estate Developments Ltd. -Vs- Kolkata – 700 069. 3, Pretoria Street, 4Th Floor, Kolkata – 700 071. [Pan : Aabcp 8731 B] (Appellant) (Respondent)

47,00,000/-. I view of this undersigned has reasons to believe that income chargeable to tax has escaped assessment for AY 2005-06, which requires reassessment u/s.147 of the IT Act. In this case four years have been elapsed from the end of relevant assessment year but the case falls clause (b) of section

SRI BIJAY SHANKAR HALWASIYA,KOLKATA vs. ITO, WARD - 44(4), KOLKATA, KOLKATA

In the result, the appeal of the assessee in ITA No

Bench: Hon’Ble Shri S.S.Godara, Jm & Hon’Ble Shri M.Balaganesh, Am] I.T.A No. 2353/Kol/2016 & I.T.A. No. 910/Kol/2018 Assessment Years : 2007-08 & 2009-10 Shri Bijay Shankar Halwasiya -Vs- Ito, Ward-44(4) , Kolkata [Pan: Aaqph 4752 A] (Appellant) (Respondent)

147 / 143(3) of the Income Tax Act, 1961 (in short “the Act”) dated 25.03.2015 and 30.03.2015 respectively for the Assessment Years 2007-08 and 2009-10 respectively. both the appeals are taken together and disposed off by this common order for the sake of convenience. A.Yrs. 2007-08 & 2009-10 ITA No. 2353/Kol/2016 – Asst Year 2007-08 2

SRI BIJAY SHANKAR HALWASIYA,KOLKATA vs. ITO, WARD 44(4)/ KOLKATA, KOLKATA

In the result, the appeal of the assessee in ITA No

Bench: Hon’Ble Shri S.S.Godara, Jm & Hon’Ble Shri M.Balaganesh, Am] I.T.A No. 2353/Kol/2016 & I.T.A. No. 910/Kol/2018 Assessment Years : 2007-08 & 2009-10 Shri Bijay Shankar Halwasiya -Vs- Ito, Ward-44(4) , Kolkata [Pan: Aaqph 4752 A] (Appellant) (Respondent)

147 / 143(3) of the Income Tax Act, 1961 (in short “the Act”) dated 25.03.2015 and 30.03.2015 respectively for the Assessment Years 2007-08 and 2009-10 respectively. both the appeals are taken together and disposed off by this common order for the sake of convenience. A.Yrs. 2007-08 & 2009-10 ITA No. 2353/Kol/2016 – Asst Year 2007-08 2

ALOSHA MARKETING PVT. LTD.,KOLKATA vs. ACIT, CIR. 4(1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Dr. Manish Borad (Accountant Member)

Reassessment proceedings under section 147/148 are in challenge before us. The assessee- company has filed its return under section 139(1) of the Act on 21.09.2011 and processed u/s 143(1)(a) and the notice for reopening has been issued on 28.03.2016 under section 148 of the Act. Though reasons recorded have been extracted supra but for the sake

GARUD CREDIT & HOLDING PVT LTD,KOLKATA vs. I.T.O WD - 9(2),KOLKATA, KOLKATA

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

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No. 1270/Kol/2013 Assessment Year: 2009-2010 Garud Credit & Holding Pvt. Limited,.........Appellant D.J. Shah & Co., 2, Elgin Road, Kolkata-700020 [Pan: Aaacg9791P] -Vs.- Income Tax Officer,.................................Respondent Ward-9(2), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Veekaas S. Sharma, Ca, Appeared On Behalf Of The Assessee Shri P.P. Barman, Addl. Cit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : February 06, 2023 Date Of Pronouncing The Order : May 01, 2023 O R D E R

147 without issuing notice u/s 143(2) is bad in law and is a nullity. Sl. TITLE CITATION AUTHORITY No. . Page No. of LPB I. PCIT vs. Silver Line (2016) 383 ITR Hon’ble High Court 34-40 455 (Del) of Delhi 2. PCIT-08 Vs. Shri Jai ITA No. Hon’ble High Court 41-49 Shiv Shankar Traders 519/2015

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

WEST BENGAL ELECTRONICS INDUSTRY DEVELOPMENT CORPORATION LIMITED,KOLKATA vs. DCIT/ACIT, CIRCLE - 2(1), KOLKATA, KOLKATA

Appeals of the assessee are allowed

V, Kolkata - 700091\n[PAN: AAACW2411Q]\n.........................Appellant\nCommissioner of Income Tax (Appeals),\nNational Faceless Appeal Centre (NFAC),\nDelhi\n..................................................................................................... Respondent\nAppearances by:\nAssessee represented by\nDepartment represented by\nDate of concluding the hearing\nDate of pronouncing the order\n: Pratyush Jhunjhunwala, Advocate\n: Manas Mondal, Addl. CIT-DR\n: 16.10.2025\n: 07.01.2026\nORDER\nThe present appeals filed

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

reassessment u/s.147 of the Act based on\ninvalid notice issued by the AO u/s.148 of the Act dated 06.09.2022\n4. Facts in brief are that the assessee company filed its return of\nincome u/s 139(1) of the Act for the assessment year under consideration\non 31.10.2019 declaring total income of Rs.17,25,39,330/- under normal\nprovision

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

reassessment u/s.147 of the Act based on\ninvalid notice issued by the AO u/s.148 of the Act dated 06.09.2022\n4. Facts in brief are that the assessee company filed its return of\nincome u/s 139(1) of the Act for the assessment year under consideration\non 31.10.2019 declaring total income of Rs.17,25,39,330/- under normal\nprovision