M/S. EMTA COAL LTD.,( ERSTWHILE KNOWN AS M/S. EASTERN MINERAL & TRADING AGENCY ) ,KOLKATA vs. ACIT, CENTRAL CIRCLE - 3(1) , KOLAKTA

In the result, the appeal of the assessee is allowed

Bench: Sri J. Sudhakar Reddy, Hon’Ble & Sri Aby T. Varkey, Hon’Ble) Assessment Year: 2010-11 M/S. Emta Coal Ltd…………………………………………..............................…….............Appellant 5B, Nandlal Basu Sarani Kolkata – 700 071 [Pan : Aacce 3506 G]

273 taxman 473, wherein it was held as under: “12. In view of the proceedings initiated under section 148 of the Act at the 'n'th hour “12. In view of the proceedings initiated under section 148 of the Act at the 'n'th hour “12. In view of the proceedings initiated under section

HARSH COMTRADE PVT LTD,SURAT vs. INCOME TAX OFFICER, WARD 5(4), KOLKATA

In the result, appeal of the assessee is partly allowed for statistical purposes

Bench: Shri George Mathanआयकर अपील सं/Ita No.225/Kol/2024 (नििाारण वर्ा / Assessment Year :2012-2013) Harsh Comtrade Private Limited, Vs Ito, Ward-5(4), Kolkata 1/A, Stuti Apartment, Near Ashok Panhouse, City Light, Surat, Gujarat Pan No. :Aabcg 8847 C (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) : Shri Mehul Shah, Ar नििााररती की ओर से /Assessee By राजस्व की ओर से /Revenue By : Shri S.B. Chakraborthy, Addl. Cit-Sr.Dr सुनवाई की तारीख / Date Of Hearing : 01/07/2025 घोषणा की तारीख/Date Of Pronouncement : 01/07/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 28.12.2023, Passed In Din & Order No.Itba/Nfac/S/250/2023-24/1059161646(1) For The Assessment Year 2012-2013. 2. Shri Mehul Shah, Ld. Ar Appeared On Behalf Of The Assessee & Shri S.B.Chakraborthy, Ld.Sr. Dr Appeared On Behalf Of The Revenue. 3. At The Time Of Hearing, Ld. Ar Submitted That He Has Filed Written Submissions Before The Tribunal Which Has Been Placed In The Paper Book At Pages 90 To 104 Which Reads As Follows :- Before Income Tax Appellate Tribunal, Kolkata - 'Smc' Bench In The Case Of Harsh Comtrade Pvt. Ltd Sub: Written Submission For A.Y. 2012-13 Ref: Assessee'S Appeal No. 225/Kol/2024 Date Of Hearing: 21.08.2024 May It Please To Your Honour 1. In This Case, The Case Is Re-Opened On The Basis Of Reasons For Reopening Recorded On 23.03.2018. The Same Is Reproduced

147 notwithstanding that the reasons for such issue have not been included in the reasons recorded under sub-section (2) of 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

PANKAJ DUTTA,DURGAPUR vs. ITO, WARD-1(3),DURGAPUR, DURGAPUR

In the result all the appeals filed by the assessee are allowed

Bench: Hon’Ble Shri J. Sudhakar Reddy] I.T.A. No. 2206/Kol/2016 Assessment Year : 2009-10 Pankaj Dutta..........................................................................................Appellant Prop. Annapurna Construction, M-95A, Yuri Gagarin Path, Bidhannagore, Durgapur - 713212 [Pan : Ahdpd1092P] Income Tax Officer...................…………………………………….........Respondent Ward 1(3), Aayakar Bhawan, City Centre, Durgapur - 713216 Appearances By: Shri Arvind Agarwal, Advocate Appearing On Behalf Of The Assessee. Shri Biswanath Das, Addl Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : September 12, 2017 Date Of Pronouncing The Order : November 17, 2017 Order This Is An Appeal Filed By The Assessee Directed Against The Order Of Cit (Appeals) Durgapur Dated 31.08.2016 For The Assessment Year 2009-10. 2. The Assessee Has Filed An Additional Ground Of Appeal Which Reads As Follows: “Because That The Ld. Income Tax Officer Was Erred In Law As Well As In Facts In Passing Of The Order U/S 147/143(3) Dated 30Th March, 2015 Without Issue Of The Statutory Notice U/S 143(2) Of The It Act, 1961 & As Such His Reassessment Order Is Not Good In Law & Void Abinitio. 3. As This Is A Legal Ground, Challenging The Jurisdiction Of The Assessing Officer. As All The Facts Required To Adjudicate This Grounds

147, which is also supported by order sheet entry dated 09.082006 (PB-20). It is also not in dispute that AO never issued any notice u/s 143(2) of the Act. The Revenue merely contended that the CIT(A) should have appreciated the provisions of section 292BB of the IT Act. Section 292BB of the IT act provides as under

A.C.I.T., CIR-II, KOLKATA, KOLKATA vs. M/S. PHILIPS ELECTRONICS INDIA LTD., KOLKATA

In the result, both the appeals of the assessee as well as the revenue are partly allowed

Bench: : Shri M. Balaganesh

273 (SC) wherein it was held that the Learned AO does not have the jurisdiction to go beyond the net profit shown in the profit and loss account except to the extent provided in Explanation to Section 115JA of the Act. Accordingly, the ground nos. 3 to 5 raised by the revenue are dismissed. 4.6. Disallowance u/s

MARK STEELS LIMITED,KOLKATA vs. DCIT, CIRCLE 3(1),, KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

reassessment prevented the AO from verifying capacity/genuineness amidst adverse Investigation Wing material, thereby failing section 68's burden. The remand clarification substituting Comfort Merchandise for the earlier misnamed "Booster Trading" preserves the identity of the second impugned credit on the same date and amount, and does not prejudice the Appellant, who had full opportunity in appeal to rebut capacity/genuineness

SRI KANCHAN KAMAL MUKHOPADHYAY,KOLKATA vs. ITO, WD-20(2), KOLKATA, KOLKATA

In the result both the appeals of the assessee are allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am] I.T.A Nos. 587 & 588/Kol/2014 Assessment Year : 2008-09 Shri Kanchan Kamal Mukhopadhyay -Vs.- I.T.O., Ward-20(2) Kolkata Kolkata. [Pan : Aanpm 2997 B] (Respondent) (Appellant) For The Appellant : Shri Rip Das, Fca For The Respondent : None Date Of Hearing : 10.07.2017. Date Of Pronouncement : 14.07.2017. Order Per N.V.Vasudevan, Jm

reassessment proceedings u/s 147 r.w.s. 143(3) of the Act was initiated by the AO and 3 A.Yr.2008-09 he by an order dated 27.01.2014 brought to tax a sum of Rs.39,832/- being income not disclosed. 6. The assessee filed an application u/s 154 of the Act in which the assessee pointed out that in the assessment order

M/S R.S.DARSHAN SINGH MOTORS CAR FINANCE PVT. LTD.,KOLKATA vs. ITO, WARD-11(3), KOLKATA

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

Bench: Sri Rajesh Kumar & Pradip Kumar Choubey

u/s 148 of the Act issued on 19.03.2020 after recording reasons and taking prior approval of ld. Pr. CIT-4, Kolkata. Page 4 of 7 I.T.A. No.: 265/Kol/2024 Assessment Year: 2013-14 M/s. R.S. Darshan Singh Motor Car Finance Pvt. Ltd. First of all, we have gone through the Explanation 3 to Section 147 of the Act which was inserted

M/S. ASIATIC OXYGEN LIMITED,KOLKATA vs. DCIT, CIRCLE - 4, KOLKATA , KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Hon’Ble Shri S.S. Godara, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1381/Kol/2017 Assessment Year : 2008-09 M/S Asiatic Oxygen Ltd. -Vs- Dcit, Circle-4, Kolkata. [Pan: Aacca 6748 G] (Appellant) (Respondent)

section 147 / 143(3) of the Income Tax Act, 1961 (in short “the Act”) dated 10.12.2012 for the Assessment Year 2008-09. 2. The only ground raised by the assessee is with regard to challenging the validity of re-opening proceedings u/s 147 of the Act and consequentially bringing to tax a sum of Rs. 34,58,000/- towards interest

SUSHIL MITRUKA,DARJEELING vs. DCIT, CIRCLE 1, , SILIGURI

In the result, the appeal of the Revenue is dismissed and the appeals\nof the assessee are allowed

Bench: Shri Rajesh Kumar, Am\Nand\Nshri Pradip Kumar Choubey, Jm\Nita Nos.2178, 1630 & 1631/Kol/2025\N(Assessment Years: 2014-15, 2015-16 & 2016-17)\Nsushil Mitruka\Ng208, City Centre, Office Block,\Np.O. Matigara, Siliguri,\Ndarjeeling, Siliguri-734010,\Nwest Bengal\N(Appellant)\Nvs.\Ndcit, Circle 1,\Naaykar Bhawan, Matigara,\Nsiliguri-734004,\Nwest Bengal\N(Respondent)\Npan No. Accpa9340F\Nita No. 1613/Kol/2025\N(Assessment Years: 2017-18)\Ndcit, Circle 1,\Naaykar Bhawan, Matigara,\Nsiliguri-734004,\Nwest Bengal\N(Appellant)\Nvs.\Nsushil Mitruka\Ng208, City Centre, Office Block,\Np.O. Matigara, Siliguri,\Ndarjeeling, Siliguri-734010,\Nwest Bengal\N(Respondent)\Nassessee By\Nshri Sk Tulsian, Ar\Nrevenue By\Nshri S.B. Chakraborthy, Dr\Ndate Of Hearing:\N03.12.2025\Ndate Of Pronouncement:\N18.12.2025\Norder\Nper Rajesh Kumar, Am:\Nthese Appeals Preferred By The Assessee & Revenue Against\Nthe Orders Of The National Faceless Appeal Centre, Delhi (Hereinafter\Nreferred To As The “Ld. Cit(A)”] Dated 28.08.2025, 27.05.2025 For A.Y.\N2014-15, 2015-16, 2016-17 & 2017-18. Since The Appeals Are Relating\Nto Same Assessee & Involves Commons Issues, Therefore All These\Nappeals Are Decided By This Consolidated Order For The Sake Of Brevity.\Npage 2\Nita Nos.2178,1630,1630 & 1631/Kol/2025\Nsushil Mitruka; Ays 2014-15, 15-16, 16-17 & 17-18\Nfirst Of All We Shall Take Ita No. 2178/Kol/2025 A.Y. 214-15 For\Nadjudication.\Nα.Υ. 2014-15\Nita No. 2178/Kol/2025\N2.\Nthe Issue Raised In Ground No.1 Is Against The Order Of Ld. Cit (A)\Nupholding The Reopening Of Assessment, Which Was Based Upon\Nborrowed Satisfaction Without Examining The Records & Without\Napplication Of Mind & Accordingly, The Reopening Of Assessment Bas\Nbad In Law.\N2.

u/s 147 of the Act by way of reopening\nof the assessment and the balance sheet was filed before the Ld. AO,\nPage 9\nITA Nos.2178,1630,1630 & 1631/KOL/2025\nSushil Mitruka; AYs 2014-15, 15-16, 16-17 & 17-18\nwherein the closing cash-in-hand was ₹4189,518/- duly reflected in\nthe balance sheet. We also note that

SUSHIL MITRUKA,SILIGURI vs. DCIT, CIRCLE 1, , SILIGURI

In the result, the appeal of the Revenue is dismissed and the appeals of the assessee are allowed

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

u/s 147 of the Act by way of reopening of the assessment and the balance sheet was filed before the ld. AO, ITA Nos. 2178,1630,1630 & 1631/KOL/2025 Sushil Mitruka; AYs 2014-15, 15-16, 16-17 & 17-18 wherein the closing cash-in-hand was ₹4189,518/- duly reflected in the balance sheet. We also note that the assessee

SUSHIL MITRUKA,DARJEELING vs. DCIT, CIRCLE 1, , SILIGURI

In the result, the appeal of the Revenue is dismissed and the appeals of the assessee are allowed

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

u/s 147 of the Act by way of reopening of the assessment and the balance sheet was filed before the ld. AO, ITA Nos. 2178,1630,1630 & 1631/KOL/2025 Sushil Mitruka; AYs 2014-15, 15-16, 16-17 & 17-18 wherein the closing cash-in-hand was ₹4189,518/- duly reflected in the balance sheet. We also note that the assessee

DCIT, CIRCLE-1, SILIGURI, SILIGURI vs. SUSHIL MITRUKA, SILIGURI

In the result, the appeal of the Revenue is dismissed and the appeals of the assessee are allowed

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

u/s 147 of the Act by way of reopening of the assessment and the balance sheet was filed before the ld. AO, ITA Nos. 2178,1630,1630 & 1631/KOL/2025 Sushil Mitruka; AYs 2014-15, 15-16, 16-17 & 17-18 wherein the closing cash-in-hand was ₹4189,518/- duly reflected in the balance sheet. We also note that the assessee

AMALENDU KUMAR MODAK,KOLKATA vs. INCOME TAX OFFICER , 50(1), KOLKATA

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishraassessment Year: 2017-18 Amalendu Kumar Modak, Income Tax Officer, 50(1), Karer Ganga, Laha Bagan, Garia, Income Tax Office, Civil Centre, Vs Garia Main Road, Kolkata-700084, Uttarapan Complex, West Bengal Manicktala, Kolkata-700 067, West Bengal (Appellant) (Respondent) Pan: Aekpm9399G Present For: Appellant By : Shri Indranil Banerjee, Ar Respondent By : Shri Pradip Kumar Biswas, Dr Date Of Hearing : 14.11.2024 Date Of Pronouncement : 19.11.2024 O R D E R Per Rakesh Mishra: This Appeal Filed By The Assessee Is Against The Order Of The National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “The Ld. Cit (A)”] Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) For Ay 2017-18 Dated 14.11.2024, Which Has Been Passed Against The Assessment Order U/S 147 Read With Section 144 Read With Section 144B Of The Act, Dated 29.05.2023. 2. The Grounds Of Appeal Raised By The Assessee Are Reproduced As Under:

Reassessment Proceeding is not maintainable for not having complied with mandatory methodology , i.e., through Faceless Mode). Amalendu Kumar Modak; A.Y. 2017-18 Grounds on Merit C 1. That on the facts and circumstances of the case and in law, the addition of Rs. 41,72,360/- being the Cash deposited in Bank during the Demonetization phase, after treating the same

ITO,WARD-41(2),KOLKATA, KOLKATA vs. SHRI SUBRATA SAHA, KOLKATA

In the result the appeal of the revenue is dismissed

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

147 of the Act. On the above submission the CIT(A) held as follows :- ITA No.226/Kol/2014-Shri Subrata Saha A.Y.2006-07 6 “6.2 I have considered the submission of the AR and perused the assessment order and the submissions. I find that the AO has not issued any notice u/s 143(2) of the Act. I find that the IT AT Kolkata

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

Appeal is dismissed

Bench: the AO.

reassessment proceeding or for the purpose of making addition of Rs.2,90,00,000/-to the total income. Thus, absence of reference of impounded- material relating to the unsecured loan in the assessment order of the AO is giving ample reason to suspect that nothing incriminating relating to loan transactions were found in the survey against the assessee. 5.2.9 Furthermore

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

Appeal is dismissed

Bench: the AO.

reassessment proceeding or for the purpose of making addition of Rs.2,90,00,000/-to the total income. Thus, absence of reference of impounded- material relating to the unsecured loan in the assessment order of the AO is giving ample reason to suspect that nothing incriminating relating to loan transactions were found in the survey against the assessee. 5.2.9 Furthermore

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

Appeal is dismissed

Bench: the AO.

reassessment proceeding or for the purpose of making addition of Rs.2,90,00,000/-to the total income. Thus, absence of reference of impounded- material relating to the unsecured loan in the assessment order of the AO is giving ample reason to suspect that nothing incriminating relating to loan transactions were found in the survey against the assessee. 5.2.9 Furthermore

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

Appeal is dismissed

Bench: the AO.

reassessment proceeding or for the purpose of making addition of Rs.2,90,00,000/-to the total income. Thus, absence of reference of impounded- material relating to the unsecured loan in the assessment order of the AO is giving ample reason to suspect that nothing incriminating relating to loan transactions were found in the survey against the assessee. 5.2.9 Furthermore

D.C.I.T. CIR - 1/KOL., KOLKATA vs. M/S AVERY INDIA LTD., HARYANA

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri K.Narasimha Chary, Jm] Assessment Year : 2003-04

reassessment proceedings u/s 147 of the Act. The brief facts of this issue is that the ld. AO had sought to reopen the assessment for the purpose of disallowing the interest expenditure of Rs.51,48,511/- treating the same as capital in nature and had also sought to treat certain items to be added back for the purpose of computing