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

206 – 208 Stainless Steel (P) (SC) Court Ltd. PCIT vs. J.K. Tyre & (2022) 6 NYPCTR The Hon’ble High Court 209 – 212 Industries Ltd. 1064 (Cal) of Calcutta Britannia Industries (2022) 36 NYPTTJ The Hon’ble 213 – 230 Ltd. vs. PCIT 1021 (Kolkata) ITAT, Kolkata 'B' Bench Argument:- Before assuming jurisdiction u/s 263 it is necessary for CIT to conduct

M/S TEA PROMOTERS (INDIA) PVT LTD,KOLKATA vs. D.C.I.T RG - 4,KOLKATA, KOLKATA

In the result, Revenue’s appeal is dismissed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Reassessment proceedings is bad in law. 1.1 That the Ld. CIT(A) has erred on facts and in law in confirming the reopening u/s. 148, ignoring the provisions contained in first proviso to section 147 of the Act although the appellant had fully and truly disclosed all material facts necessary for assessment for this assessment year. 1.2 That

A.C.I.T CIR - 36,KOLKATA., KOLKATA vs. M/S SRI RAM COMMERCIAL CO, KOLKATA

In the result, Revenue’s appeal is dismissed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Reassessment proceedings is bad in law. 1.1 That the Ld. CIT(A) has erred on facts and in law in confirming the reopening u/s. 148, ignoring the provisions contained in first proviso to section 147 of the Act although the appellant had fully and truly disclosed all material facts necessary for assessment for this assessment year. 1.2 That

INCOME TAX OFFICER WARD-4(4), KOLKATA vs. M/S TEA PROPOTERS (INDIA) PVT. LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Reassessment proceedings is bad in law. 1.1 That the Ld. CIT(A) has erred on facts and in law in confirming the reopening u/s. 148, ignoring the provisions contained in first proviso to section 147 of the Act although the appellant had fully and truly disclosed all material facts necessary for assessment for this assessment year. 1.2 That

M/S TEA PROMOTERS (INDIA) PVT. LTD.,KOLKATA vs. DCIT, CIRCLE - 4, KOLKATA, KOLKATA

In the result, Revenue’s appeal is dismissed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Reassessment proceedings is bad in law. 1.1 That the Ld. CIT(A) has erred on facts and in law in confirming the reopening u/s. 148, ignoring the provisions contained in first proviso to section 147 of the Act although the appellant had fully and truly disclosed all material facts necessary for assessment for this assessment year. 1.2 That

SURAJMAL EXPORTS,KOLKATA vs. A.C.I.T CIR - 32,KOLKATA, KOLKATA

In the result, the appeal of the assessee is treated as allowed

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

206/- after allowing the claim of the assessee for deduction under section 80HHC by taking into consideration receipts from DEPB sold amounting to Rs.38,63,331/-. The said assessment was subsequently reopened by the Assessing Officer on 29.03.2006 in pursuance of the amendment made to section 80HHC read with section 28(iiid) of the Act by the Taxations Laws (Amendment

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

Appeal is dismissed

Bench: the AO.

147 of the Act and at various other places in the Assessment Order has stated that survey proceedings u/s 133A of the Act was conducted on 04.11.2019 at the premises of the assessee group including the premise of the assessee company and in survey various incriminating documents/ materials were found. Assessment proceeding is initiated on the basis of the material

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

Appeal is dismissed

Bench: the AO.

147 of the Act and at various other places in the Assessment Order has stated that survey proceedings u/s 133A of the Act was conducted on 04.11.2019 at the premises of the assessee group including the premise of the assessee company and in survey various incriminating documents/ materials were found. Assessment proceeding is initiated on the basis of the material

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

Appeal is dismissed

Bench: the AO.

147 of the Act and at various other places in the Assessment Order has stated that survey proceedings u/s 133A of the Act was conducted on 04.11.2019 at the premises of the assessee group including the premise of the assessee company and in survey various incriminating documents/ materials were found. Assessment proceeding is initiated on the basis of the material

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

Appeal is dismissed

Bench: the AO.

147 of the Act and at various other places in the Assessment Order has stated that survey proceedings u/s 133A of the Act was conducted on 04.11.2019 at the premises of the assessee group including the premise of the assessee company and in survey various incriminating documents/ materials were found. Assessment proceeding is initiated on the basis of the material

BARDHAMAN DHARMARAJ PAPER MILL PVT. LTD.,KOLKATA vs. PCIT- CENTRAL, ASANSOL

In the result, the appeal of the assessee stands allowed

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.160/Kol/2021 Assessment Year: 2014-15 Bardhaman Dharmaraj Paper Mill Pvt. Ltd.........................................……Appellant C/O Subash Agarwal & Associates, Advocates Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata-700069. [Pan: Aaecb0141J] Vs. Pcit (Central), Asansol......….…..…...................……........……...…..…..Respondent Appearances By: Shri Subash Agarwal, Advocate & Siddharth Agarwal, Advocate, Appeared On Behalf Of The Appellant. Md. Ghayasuddin, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 06, 2022 Date Of Pronouncing The Order : October 10, 2022 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Revision Order Dated 31.03.2021 Of The Principal Commissioner Of Income Tax (Hereinafter Referred To As The ‘Pcit’) Passed U/S 263 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Brief Facts Are That The Assessment In This Case Of The Assessee Was Reopened U/S 147 Of The Act To Verify The Transactions Of The Assessee With The Party M/S Siddhi Enterprises Due To Discrepancy Found In The Accounts. 3. The Assessing Officer Noted That The Assessee Had Failed To Prove The Genuineness Of The Purchases Made From M/S Siddhi Enterprises. However, He Further Noted That The Assessee Not Only Had Shown Such Purchases In The Books Of Account But Also Had Recorded Corresponding Sales Thereto. Therefore, The Assessing Officer Held That Since The

206 (Guj) 7. M/s Diagnostics, ITA No.153 of 200 (Cal) 8. M/s Mohammad Hazi Adam & Co. (bom.) ITA No.1004 of 2006. 6. The ld. DR, on the other hand, has submitted that the ld. PCIT has rightly invoked his jurisdiction u/s 263 of the Act as the Assessing Officer has not added the entire bogus purchases in the light

M/S. GARG BROTHERS PVT. LTD.,,KOLKATA vs. DCIT, CENTRAL CIRCLE - 3(2), KOLKATA , KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri A. T Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं/.Ita No.2519/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Garg Brothers Pvt. Ltd. Vs. Dcit, Central Circle- 3(2), Kolkata 57, Burtolla Street, Aayakar Bhawan Poorva, 110, Kolkata – 700 007. Shantipally, Kolkata – 700 107. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aaacg 9775 F (Assessee) .. (Revenue) & आयकरअपीलसं/.Ita No.2520/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Cliff Treximpvt. Ltd. Vs. Dcit, Central Circle- 3(2), Kolkata 57, Burtolla Street, Aayakar Bhawan Poorva, 110, Kolkata – 700 007. Shantipally, Kolkata – 700 107. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aabcc 0961 E (Assessee) .. (Revenue) & आयकरअपीलसं/.Ita No.2521/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Span Foundation Pvt. Vs. Dcit, Central Circle- Ltd. 3(2), Kolkata Aayakar Bhawan Poorva, 110, 57, Burtolla Street, Shantipally, Kolkata – 700 107. Kolkata – 700 007. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aaecs 4605 C (Assessee) .. (Revenue)

206 (Guj.) - Hon'ble Gujarat High Court following the decision of Hon'ble Supreme Court in the case of Kishinch and Chellaram v. CIT (1980) 125 ITR 713 (SC) has held that the legal effect of the statement recorded behind the back of the assessee and without furnishing the copy thereof to the assessee or without giving an opportunity

M/S. CLIFF TREXIM PVT. LTD., ,KOLKATA vs. DCIT, CENTRAL CIRCLE - 3(2), KOLKATA , KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri A. T Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं/.Ita No.2519/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Garg Brothers Pvt. Ltd. Vs. Dcit, Central Circle- 3(2), Kolkata 57, Burtolla Street, Aayakar Bhawan Poorva, 110, Kolkata – 700 007. Shantipally, Kolkata – 700 107. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aaacg 9775 F (Assessee) .. (Revenue) & आयकरअपीलसं/.Ita No.2520/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Cliff Treximpvt. Ltd. Vs. Dcit, Central Circle- 3(2), Kolkata 57, Burtolla Street, Aayakar Bhawan Poorva, 110, Kolkata – 700 007. Shantipally, Kolkata – 700 107. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aabcc 0961 E (Assessee) .. (Revenue) & आयकरअपीलसं/.Ita No.2521/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Span Foundation Pvt. Vs. Dcit, Central Circle- Ltd. 3(2), Kolkata Aayakar Bhawan Poorva, 110, 57, Burtolla Street, Shantipally, Kolkata – 700 107. Kolkata – 700 007. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aaecs 4605 C (Assessee) .. (Revenue)

206 (Guj.) - Hon'ble Gujarat High Court following the decision of Hon'ble Supreme Court in the case of Kishinch and Chellaram v. CIT (1980) 125 ITR 713 (SC) has held that the legal effect of the statement recorded behind the back of the assessee and without furnishing the copy thereof to the assessee or without giving an opportunity

M/S. SPAN FOUNDATION PVT. LTD.,,KOLKATA vs. DCIT, CENTRAL CIRCLE - 3(2), KOLKATA , KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri A. T Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं/.Ita No.2519/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Garg Brothers Pvt. Ltd. Vs. Dcit, Central Circle- 3(2), Kolkata 57, Burtolla Street, Aayakar Bhawan Poorva, 110, Kolkata – 700 007. Shantipally, Kolkata – 700 107. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aaacg 9775 F (Assessee) .. (Revenue) & आयकरअपीलसं/.Ita No.2520/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Cliff Treximpvt. Ltd. Vs. Dcit, Central Circle- 3(2), Kolkata 57, Burtolla Street, Aayakar Bhawan Poorva, 110, Kolkata – 700 007. Shantipally, Kolkata – 700 107. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aabcc 0961 E (Assessee) .. (Revenue) & आयकरअपीलसं/.Ita No.2521/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Span Foundation Pvt. Vs. Dcit, Central Circle- Ltd. 3(2), Kolkata Aayakar Bhawan Poorva, 110, 57, Burtolla Street, Shantipally, Kolkata – 700 107. Kolkata – 700 007. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aaecs 4605 C (Assessee) .. (Revenue)

206 (Guj.) - Hon'ble Gujarat High Court following the decision of Hon'ble Supreme Court in the case of Kishinch and Chellaram v. CIT (1980) 125 ITR 713 (SC) has held that the legal effect of the statement recorded behind the back of the assessee and without furnishing the copy thereof to the assessee or without giving an opportunity

M/S OMKAR INFRACON PRIVATE LIMITED ,KOLKATA vs. I.T.O.,WARD-12(2), KOLKATA

Bench: Shri A. T. Varkey, Jm & Dr. (Shri) Arjun Lal Saini, Am ]

reassessment order u/s. 263/143(3) on 25.11.2016. (h) We take note of the fact that during the original scrutiny assessment proceedings all the individual shareholders and directors of corporate entities appeared before the AO along with the documents to prove their identity, creditworthiness and genuineness of the transaction. We find that notice u/s 133(6) of the Act was issued

SATISH KUMAR LAKHMANI,KOLKATA vs. PR.CIT-10, KOLKATA, KOLKATA

In the result, the appeal of assessee is allowed

Bench: "ी जे. सुधाकर रे"ी, लेखा सद"य एवं/And "ी ऐ. टी. वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

147 of the Act for reopening the assessment that too after satisfying condition precedent given therein. Other than that according to the Ld. AR, the AO was not empowered by law to review his own order and leave alone recommend or put up a proposal to the Ld. Pr. CIT to revise his own order by stating that

ITO, WARD - 1(4), KOLKATA, KOLKATA vs. M/S. JOSAN DEPOSITS & ADVANCES PVT. LTD., , KOLKATA

In the result, appeal of the revenue is dismissed

Bench: Shri P. M. Jagtap, Vice- & Shri A. T. Varkey, Jm]

section which were relevant for the purpose of interpretation of the word “sum” and cash credit. Same has been reiterated and underlined by the Hon’ble Andhra Pradesh High Court in the case of Amonbolu Rajaiyah in 102 ITR 423; The Allahabad High Court in the case of Saru Smelting and Refining Co. 116 ITR 766; CIT vs. Gopal Krishna

ITO,WARD-3(1), KOLKATA, KOLKATA vs. M/S SPBP TEA PLANTATIONS LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2005-06 बनाम Ito Ward-3(1), 8/2, M/S Spbp Tea Plantations / Esplanade East, Dwarli Ltd., 1, Crooked Lane, V/S. House, Gr. Floor, Kolkata-700 069 Kolkata – 700 069 [Pan No.Aaccp 0722 L]

reassessment proceedings have been quashed for non furnishing of the reasons for reopening of the case. On the same lines we are relying in the decision of Hon'ble Bombay High Court in the case of M/s Allana Cold Storage Ltd. v. ITO (2006) 206 CTR 401 (Bom) in which it was very clearly held that if objection petition filed