ANCHITA PROPERTIES PVT. LTD.,KOLKATA vs. P.C.I.T., KOLKATA - 2, KOLKATA

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

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. No. 637/Kol/2024 Assessment Year: 2013-2014 Anchita Properties Pvt. Limited,………………Appellant 29, Collotola Street, Kolkata-700029 [Pan:Aahca9115E] -Vs.- Income Tax Officer,………………………….……Respondent Ward-12(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 & I.T.A. No. 1067/Kol/2024 Assessment Year: 2013-2014 Anchita Properties Pvt. Limited,………………Appellant 29, Collotola Street, Kolkata-700029 [Pan:Aahca9115E] -Vs.- Principal Commissioner Of Income Tax,…Respondent Pcit, Kolkata-2, Office Of The Income Tax Officer, Ward-12(1), Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069

234B and 234C of the Income Tax Act. 3. First we take the issue challenging reopening of the assessment. 4. Brief facts of the case are that the assessee has filed its return of income under section 139(1) of the Income Tax Act on 30th March, 2014 declaring total income of Rs.55,10,070/-. This return was selected

M/S. WHITE INDUSTRIES AUSTRALIA LTD.,KOLKATA vs. ASST. DIT, INTERNATIONAL TAXATION - 3(1), KOLKATA, KOLKATA

In the result the appeals by the Assessee are dismissed, while the appeal by the Revenue is partly allowed

Bench: Hon'Ble Sri N.V.Vasudevan, Jm & Hon'Ble Sri M.Balaganesh, Am] Assessment Year : 1992-93

reassessment proceedings have been initiated after the expiry of four years from the end of the relevant assessment year without fulfilling the conditions laid down for the same in the proviso to the section 147 of the IT Act since neither the assessee failed to make a return u/s 139(1) nor any notice u/s 142(1) or u/s

ADIT(IT)-3(1), KOLKATA, KOLKATA vs. WHITE INDUSTRIES AUSTRALIA LTD., KOLKATA

In the result the appeals by the Assessee are dismissed, while the appeal by the Revenue is partly allowed

Bench: Hon'Ble Sri N.V.Vasudevan, Jm & Hon'Ble Sri M.Balaganesh, Am] Assessment Year : 1992-93

reassessment proceedings have been initiated after the expiry of four years from the end of the relevant assessment year without fulfilling the conditions laid down for the same in the proviso to the section 147 of the IT Act since neither the assessee failed to make a return u/s 139(1) nor any notice u/s 142(1) or u/s

DIPAK KUMAR DASBHOWMIK,PASCHIM MIDNAPORE vs. I.T.O., WARD - 38(1), MIDNAPORE , PASCHIM MIDNAPORE

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap

reassess such income, other than the income involving matters which are the subject matters of any appeal, reference or revision, which is chargeable to tax and has escaped assessment”. 9. A perusal of the aforesaid proviso clearly shows that the assessment originally completed under section 143(3) can be reopened by the Assessing Officer after the expiry of four years

PRICE WATERHOUSE & CO., [NOW KNOWN AS PRICE WATERHOUSE & CO. CHARTERED ACCOUNTANTS LLP],KOLKATA vs. DCIT, CIRCLE - 22, , KOLKATA

In the result, appeal filed by the assessee is allowed

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am Vs. Dcit, Circle-22, Kolkata Price Waterhouse & Co, Kolkata (Now Versus Known As Price Waterhouse & Co Chartered Accountants Llp)

reassessment order was passed with variation, modification, altercation of the recorded reasons which is impermissible under the law. 2. On the facts and in the circumstances of the case, the Ld. CIT (Appeals) erred in confirming the addition of Rs. 31,12,50,000 treating the non-refundable grant received by the Assessee from PricewaterhouseCoopers Services BV, Netherlands ('Services

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

In the result, the appeal of the revenue is allowed and the cross objection of the assessee is allowed for statistical purposes

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Hon’Ble Shri S.S. Viswanethra Ravi, Jm ] I.T.A No. 2147/Kol/2017 Assessment Year : 2009-10 Dcit, Central Circle-2(1), Kolkata -Vs- M/S Basanti Hosiery Pvt. Ltd. [Pan: Aadcb 3168 J] (Appellant) (Respondent) C.O. No. 98/Kol/2018 (Arising Out Of I.T.A No. 2147/Kol/2017) Assessment Year : 2009-10 M/S Basanti Hosiery Pvt. Ltd. -Vs- Dcit, Central Circle-2(1), Kolkata [Pan: Aadcb 3168 J] (Appellant) (Respondent)

234B of the Act and / or the calculation of tax and interest thereon is incorrect. 12. That the appellant humbly craves leave to add, alter, withdraw all or any grounds of appeal at the time of hearing. 2. The assessee is a company and is in the business of dealing of readymade garments and fabrics. It filed its return

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)

147 was not to be made under section 153A : Held, dismissing the appeal, that incriminating material in the seized material was a pre-requisite before power was exercised under section 153C read with section 153A of the Act. The Department had not shown any incriminating material unearthed either during the search or during the requisition or even during the survey

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)

147 was not to be made under section 153A : Held, dismissing the appeal, that incriminating material in the seized material was a pre-requisite before power was exercised under section 153C read with section 153A of the Act. The Department had not shown any incriminating material unearthed either during the search or during the requisition or even during the survey

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)

147 was not to be made under section 153A : Held, dismissing the appeal, that incriminating material in the seized material was a pre-requisite before power was exercised under section 153C read with section 153A of the Act. The Department had not shown any incriminating material unearthed either during the search or during the requisition or even during the survey

PRISM KNIT FAB PVT. LTD.,KOLKATA vs. I.T.O., CIRCLE-11(1), KOLKATA, KOLKATA

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Dr. Manish Borad & Sonjoy Sarma

reassessment proceedings and the resultant order dated 26th December, 2019 passed under section 143(3)/147 of the Act are without jurisdiction, illegal, invalid in as much as the reasons recorded by the Learned AO does not satisfy the requirements of section 147 of the Act. d. That the Learned AO having recorded the reasons without following the directions contained

PEARL TRACOM(P)LTD,KOLKATA vs. DCIT, KOLKATA

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2012-13

147 merely on the alleged information from the Investigation Wing without conducting any enquiry of his own and as such the reopening is void ab initio and is liable to be set aside I quashed I cancelled and it may be held accordingly. 4. For that in view of the facts and in the circumstances, the Ld. CIT(A) erred

ITO, KOLKATA vs. AJIT KUMAR MINDA, KOLKATA

In the result, the appeal of the Revenue and cross objections of the\nassessee are dismissed

3) of the Act on 20.04.2017 wherein the assessee's claim\nu/s 10(38) of the Act specifically considered and accepted. Subsequently,\nthe reasons recorded by the Assessing Officer for reopening of the\nassessment are based on the same material that was already available at\nthe time of original assessment. There was no allegation that any fresh\ntangible material

M/S MATERIALS CHEMICALS AND PERFORMANCE INTERMEDIARIES PVT. LTD.,KOLKATA vs. DCIT, CIR-11, KOLKATA, KOLKATA

In the result, the appeal of assessee is allowed

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

234B, 234C & 234D of the Act of Rs. 399,100, Rs. 1,213,022 & Rs. 252,420 respectively). 4. Aggrieved by the aforesaid original assessment order, the assessee had filed an appeal which is presently pending before the Ld. Commissioner of Income Tax (Appeals)- 22. 5. In the meantime, the AO issued notice under section 148 of the Act dated

KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY,KOLKATA vs. J.C.I.T RANGE - 50,KOLKATA, KOLKATA

In the result, the appeals of the assessee in ITA Nos

Bench: Hon’Ble Shri A.T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 723 & 724/Kol/2013 Assessment Years : 2006-07 & 2007-08 Kolkata Metropolitan Development Authority -Vs- C.I.T.-Xvii, Kolkata [Pan: Aaalk 0714 F] (Appellant) (Respondent) I.T.A Nos. 523 & 524/Kol/2013 Assessment Years : 2006-07 & 2007-08 Kolkata Metropolitan Development Authority -Vs- J.C.I.T., Kolkata [Pan: Aaalk 0714 F] (Appellant) (Respondent) For The Appellant : Shri J.P. Khaitan, Sr. Counsel Of Assessee For The Respondent : Shri Anand R. Baiwar, Cit Date Of Hearing : 09.08.2017 Date Of Pronouncement : 18.08.2017

234B of the said Act in the instant case of the Appellant Authority for the year under appeal, even when no such interest was chargeable in law. 6. That the impugned Appellant Order dated 4th February, 2015 passed by the learned Commissioner of Income Tax (Appeals)-15, Kolkata is wholly against the facts and evidences on record, arbitrary, illegal, invalid

KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY,KOLKATA vs. J.C.I.T RANGE - 50,KOLKATA, KOLKATA

In the result, the appeals of the assessee in ITA Nos

Bench: Hon’Ble Shri A.T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 723 & 724/Kol/2013 Assessment Years : 2006-07 & 2007-08 Kolkata Metropolitan Development Authority -Vs- C.I.T.-Xvii, Kolkata [Pan: Aaalk 0714 F] (Appellant) (Respondent) I.T.A Nos. 523 & 524/Kol/2013 Assessment Years : 2006-07 & 2007-08 Kolkata Metropolitan Development Authority -Vs- J.C.I.T., Kolkata [Pan: Aaalk 0714 F] (Appellant) (Respondent) For The Appellant : Shri J.P. Khaitan, Sr. Counsel Of Assessee For The Respondent : Shri Anand R. Baiwar, Cit Date Of Hearing : 09.08.2017 Date Of Pronouncement : 18.08.2017

234B of the said Act in the instant case of the Appellant Authority for the year under appeal, even when no such interest was chargeable in law. 6. That the impugned Appellant Order dated 4th February, 2015 passed by the learned Commissioner of Income Tax (Appeals)-15, Kolkata is wholly against the facts and evidences on record, arbitrary, illegal, invalid

M/S. PEARL TRACOM PVT. LTD., ,KOLKATA vs. DCIT, CENTRAL CIRCLE 3(1), , KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm M/S Pearl Tracom Pvt. Ltd. Dcit, Central Circle 3(1) C/O M/S Salarpuriajajodia& Co.7, Aaykar Bhawan, P-7, C.R. Avenue, 3Rd Floor, Chworinghee Square, Kolkata- Vs. Kolkata-700072, West Bengal 700069, West Bengal (Appellant) (Respondent) Pan No. Aabcp9934G Assessee By : Shri Siddarth Jhajharia, Ar Revenue By : Shri Sanat Kumar Raha, Dr Date Of Hearing: 02.04.2026 Date Of Pronouncement: 02.04.2026

234B is consequential and hence the AO may kindly be directed to delete the same 14. For that your petitioner craves the right to put additional grounds and/or to alter/ amend modify the present grounds at the time of hearing.” 3. The issue raised in ground nos.1 to 3 is against the order of ld. CIT (A) upholding the reassessment

SHRI JNANENDRA NATH BANERJEE,KOLKATA vs. ITO, WD-24(3), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri M. Balaganesh, Am & Shri S. S. Viswanethra Ravi, Jm]

147 of the Act and prayed for dropping of section 154 proceedings. 3 Jnanendra Nath Banerjee., AY 2005-06 3.4. The ld AO vide letter dated 6.9.2012 informed the assessee that it was not his intention to launch any investigation into facts or to call for any evidence. It was stated that the assessee had not deposited the unused amount

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

reassessment issued under sections 147 and 148 of the Income-tax Act has the effect of superseding the assessment already made on the assessee and thereby removing the finality to the assessment already made, whether or not it is the subject-matter of further proceedings in appeal, revision etc. and therefore intimation does not survive after the issue of notices