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

35 days. For which the revenue has filed the condonation petition. After perusing the same and hearing both the parties, the delay is condoned and the appeal is admitted. 2. In this appeal, the revenue has raised the following grounds:- 1. Ld. CIT(A) has erred on facts and in law in quashing the assessment order framed u/s.147 which resulted

ACIT (OSD), WARD - 12(3), KOLKATA, KOLKATA vs. M/S. AMRABATHI INVESTRA PVT. LTD., KOLKATA

In the result, the appeal of the assessee is allowed and the appeal of the revenue is dismissed

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.231/Kol/2018 ("नधा"रणवष" / Assessment Year:2009-10)

ia) of the IT Act 1961, which was not done. f. The assessee has not paid sum of Rs. 24,52,623/- on a/c of Central Excise (1994- 96) and Rs. 2,54,96,800/- on a/c of Entry tax (AY 2002-03 to 2004-05). It has not been disallowed u/s 43B in the assessment. g. Prior period expenses

AMRABATHI INVESTRA PVT. LTD.,KOLKATA vs. ITO, WARD - 12(3), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed and the appeal of the revenue is dismissed

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.231/Kol/2018 ("नधा"रणवष" / Assessment Year:2009-10)

ia) of the IT Act 1961, which was not done. f. The assessee has not paid sum of Rs. 24,52,623/- on a/c of Central Excise (1994- 96) and Rs. 2,54,96,800/- on a/c of Entry tax (AY 2002-03 to 2004-05). It has not been disallowed u/s 43B in the assessment. g. Prior period expenses

SRI GOPINATH GHORAI,PURBA MEDINIPUR vs. ACIT, CIR-27, HALDIA, HALDIA

In the result the appeal of the assessee is dismissed

Bench: Hon’Ble Shri P.M.Jagtap, Am & Sri S.S.Viswanethra Ravi, Jm ] I.T.A No. 01/Kol/2016 Assessment Year : 2005-06

35,13,044/-. Thereafter an application u/s 154 was moved by the assessee before AO on 12.11.2014 claiming that the payments made on account of tanker hire charges not being in pursuance of any contractual obligation, section 194C had no application and the order of AO passed u/s 143(3)/147 in not considering this aspect was wrong

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

35,46,848 representing interests on loans granted to the Statutory and Local Bodies on the alleged ground that the alleged income by way of interest had accrued to the Appellant Authority even as per the real income theory. A.Yrs.2006-07 & 2007-08 3. That the learned Commissioner of Income Tax (Appeals)-15, Kolkata should have held that

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

35,46,848 representing interests on loans granted to the Statutory and Local Bodies on the alleged ground that the alleged income by way of interest had accrued to the Appellant Authority even as per the real income theory. A.Yrs.2006-07 & 2007-08 3. That the learned Commissioner of Income Tax (Appeals)-15, Kolkata should have held that

WEST BENGAL TRADE PROMOTION ORGANISATION LIMITED ,KOLKATA vs. ITO (EXEMPTION), WARD - 1(3), KOLKATA , KOLKATA

In the result, the appeal of the assessee is partly allowed

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.36/Kol/2018 ("नधा"रणवष" / Assessment Year:2009-10)

35,00,000/- being the compensation paid to the encroachers to the Land of WBTPO during the year ended 31st March, 2009. 6. That the CIT (A) has erred in law and on facts of the case in confirming the disallowance of the amortisation of the lease rent paid in advance spreading over the period of five years. 7. That

GRAPHITE INDIA LTD.,KOLKATA vs. DCIT, CIRCLE 11, KOLKATA, KOLKATA

In the result, the appeal of the assessee is treated as allowed as indicated above and the appeal of the Revenue is dismissed

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

reassessment proceedings u/s. 147/148 has been initiated in utter disregard of the express provision of the Act and thus the order passed u/s. 147 is bad in law. 2(a) That on the facts and in the circumstances of the case, Ld. CIT(Appeals) was not justified and erred in holding that I.T.A. No. 398/KOL./2008 Assessment year

DCIT, CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. MURLIDHAR RATANLAL EXPORTS LTD., KOLKATA

In the result, the appeals of the Revenue are dismissed and the\nCOs of the assessee are partly allowed

147 of the Act by issuing notice u/s 148 of the Act on the basis of\nfindings of the survey team in the survey proceedings conducted u/s\n133A of the Act on the assessee on 04.11.2019. The assessee complied\nwith the said notice by filing the return of income declaring total loss

DCIT, CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. MURLIDHAR RATANLAL EXPORTS LIMITED, KOLKATA

In the result, the appeals of the Revenue are dismissed and the COs of the assessee are partly allowed

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

147 of the Act by issuing notice u/s 148 of the Act on the basis of findings of the survey team in the survey proceedings conducted u/s 133A of the Act on the assessee on 04.11.2019. The assessee complied with the said notice by filing the return of income declaring total loss

DCIT, CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. MURLIDHAR RATANLAL EXPORTS LIMITED, KOLKATA

In the result, the appeals of the Revenue are dismissed and the COs of the assessee are partly allowed

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

147 of the Act by issuing notice u/s 148 of the Act on the basis of findings of the survey team in the survey proceedings conducted u/s 133A of the Act on the assessee on 04.11.2019. The assessee complied with the said notice by filing the return of income declaring total loss

DCIT, CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. MURLIDHAR RATANLAL EXPORTS LIMITED, KOLKATA

In the result, the appeals of the Revenue are dismissed and the COs of the assessee are partly allowed

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

147 of the Act by issuing notice u/s 148 of the Act on the basis of findings of the survey team in the survey proceedings conducted u/s 133A of the Act on the assessee on 04.11.2019. The assessee complied with the said notice by filing the return of income declaring total loss

DCIT CENTRAL CIRCLE 1 4 KOLKATA, KOLKATA vs. MURLIDHAR RATANLAL EXPORTS LIMITED, KOLKATA

In the result, the appeals of the Revenue are dismissed and the COs of the assessee are partly allowed

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

147 of the Act by issuing notice u/s 148 of the Act on the basis of findings of the survey team in the survey proceedings conducted u/s 133A of the Act on the assessee on 04.11.2019. The assessee complied with the said notice by filing the return of income declaring total loss

M/S LABVANTAGE SOLUTIONS PVT. LTD.,KOLKATA vs. DCIT, CIR-2(1), KOLKATA, KOLKATA

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

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

ia) of the Act to the tune of Rs. 27,575/-. The assessee filed objections before the ld Dispute Resolution Panel (DRP) objecting to the validity of reassessment and on merits. The ld DRP disposed off the objections vide its proceedings u/s 144C(5) of the Act dated 24.6.2015 stating that the assessee is not an eligible assessee as defined

M/S LABVANTAGE SOLUTIONS PVT. LTD.,KOLKATA vs. DCIT, CIR-2(1), KOLKATA, KOLKATA

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

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

ia) of the Act to the tune of Rs. 27,575/-. The assessee filed objections before the ld Dispute Resolution Panel (DRP) objecting to the validity of reassessment and on merits. The ld DRP disposed off the objections vide its proceedings u/s 144C(5) of the Act dated 24.6.2015 stating that the assessee is not an eligible assessee as defined

DCIT, CIR-2(1), KOLKATA, KOLKATA vs. M/S LABVANTAGE SOLUTIONS PVT. LTD., KOLKATA

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

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

ia) of the Act to the tune of Rs. 27,575/-. The assessee filed objections before the ld Dispute Resolution Panel (DRP) objecting to the validity of reassessment and on merits. The ld DRP disposed off the objections vide its proceedings u/s 144C(5) of the Act dated 24.6.2015 stating that the assessee is not an eligible assessee as defined

DCIT, CIRCLE - 11, KOLKATA, KOLKATA vs. M/S. ANIROX PIGMENTS LTD., KOLKATA

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri N.V.Vasudevan, J.M. &Dr.A.L.Saini, A.M.)

35,280/- and tax of Rs.18,81,019/- was levied under section 115JA on a total income of Rs.53,74,340/-. The deduction was allowed under section 80HHC for Rs.2,22,73,949/- and under section 80-IA for Rs.70,08,516/-. The assessment was re-opened under section 148 as there was reason to believe that the income chargeable

I.T.O WD - 2(2),BURDWAN, BURDWAN vs. NATRAJ UNEMPLOYED ENGINEERS CO - OPERATIVE SOCIETY LTD, BURDWAN

In the result, the Cross Objection filed by the assessee is allowed and that of the Revenue is dismissed

Bench: Shri N.V.Vasudevan, J.M. & Dr.A.L.Saini, A.M.)

ia) of the Act. The Ld. AO, upon such specious prognosis, framed the assessment order under section 147/148 of the Income Tax Act, on 19th December, 2011 computing the total income at Rs.62,57,960/- for the assessment year under dispute. The instant appeal and the Cross Objection arise out of the order passed by the Ld. Commissioner of Income

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