MANAKSIA LIMITED,KOLKATA vs. DCIT, CIRCLE 4(1), , KOLKATA

reassessment order suffered from\ntechnical deficiencies for not having issued notice u/s 143(2) of the Act and hence the\nreassessment order set aside by the Ld. CIT(A) was void ab initio for want of valid\njurisdiction, as decided in the case of ACIT vs. Hotel Bluemoon (2010) 321 ITR 362\n(SC).\"\n\n03. The facts in brief

DCIT, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. SURESH KUMAR BANTHIA, KOLKATA

In the result, the appeal of the Revenue is dismissed and the Cross\nObjection of the assessee is partly allowed

reassessment, there is no need to\nadjudicate other grounds.”\n(d) Recently The Hon'ble High Court of Rajasthan in the case of 'Shyam Sunder\nKhandelwal v. ACIT [2024] 161 taxmann.com 255 (Rajasthan)', had held that:\n\"Section 153A, read with sections 148 and 153C, of the Income-Tax Act, 1961\nSearch and seizure Assessment in case of (Section 153C

SARDA MINES PVT. LIMITED,KOLKATA vs. DCIT, CIRCLE-05(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm] I.T.A. No. 867/Kol/2017 Assessment Year: 2007-08 Sarda Mines Pvt. Ltd...............................………………………………………………Appellant 6Th Floor, Circular Court, 8, Ajc Bose Road, Kolkata – 700017. [Pan : Aahcs 2419 R] D.C.I.T., Cir 5(2) Kolkata………………………………………………......................Respondent Aayakar Bhawan, P-7, Chowringhee Square, Kolkata - 69 Appearances By: Shri A.K. Gupta, Fca Appearing On Behalf Of The Assessee. Md. Usman, Cit Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 21, 2017 Date Of Pronouncing The Order : December 14, 2017 Order Per P.M. Jagtap, Am This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Principal Cit – 2, Kolkata Dated 28.03.2017 Passed Under Section 263 Of The Income Tax Act, 1961 & The Grounds Raised By The Assessee Therein Read As Under: “1. For That The Order Passed Under Section 263 Of The Income Tax Act, 1961 (In Short ‘The Act’) By The Principal Commissioner Of Income Tax -2, Kolkata (In Short ‘Cit’) Dated 28.03.2017 Is Without Jurisdiction & Illegal As None Of The Condition Precedent For Exercise Of The Power Under Section 263 Of The Act Exists And/Or Has Been Satisfied & As Such The Said Order Is Erroneous & Without Jurisdiction & Liable To Be Cancelled. 2. For That The Order Passed By The Assessing Officer Was Not In Any Way Erroneous Or Prejudicial To The Interest Of Revenue & As Such The Cit Would Not Exercise Any Power Under Section 263 Of The Act. The Cit Erred In Holding That The Order Of Assessment Is Erroneous & Prejudicial To The Interest Of Revenue.

45,43,340/-. The latter in turn consists of purchase of assets and reimbursements of capitalized mining lease expenditure of Rs. 7,36,91,121/- and Rs. 2,08,52,219/-. You had claimed depreciation on purchase of the assets. Considering the nexus between your company and JSPL, no depreciation on such assets should be allowed. However, this

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

2 show that the conditions precedent for reopening assessment as laid down in section 147 have to be complied with. In instant case, since the conditions for assuming of jurisdiction under section 147 were not fulfilled, the notices under section 148 were uncalled for and warranted interference by appearing orders. If an authority assumes jurisdiction illegally which is not vested

M/S. AJANTA MERCHANTS PVT. LTD.,KOLKATA vs. I.T.O., WARD-8(1), KOLKATA, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

45,50,810/-. 4. The assessee challenged the order before the Ld. CIT(A). The Ld. CIT(A) dismissed ground raised by the assessee challenging the reopening of assessment u/s 147 by observing and holding as under: “7.3. The contentions of the appellant have been duly considered. In my considered view, the information available with the AO of high volume

M/S. AJANTA MERCHANTS PVT. LTD.,KOLKATA vs. I.T.O., WARD - 8(1), KOLKATA, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

45,50,810/-. 4. The assessee challenged the order before the Ld. CIT(A). The Ld. CIT(A) dismissed ground raised by the assessee challenging the reopening of assessment u/s 147 by observing and holding as under: “7.3. The contentions of the appellant have been duly considered. In my considered view, the information available with the AO of high volume

M/S. AJANTA MERCHANTS PVT. LTD.,KOLKATA vs. I.T.O., WARD-8(1), KOLKATA, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

45,50,810/-. 4. The assessee challenged the order before the Ld. CIT(A). The Ld. CIT(A) dismissed ground raised by the assessee challenging the reopening of assessment u/s 147 by observing and holding as under: “7.3. The contentions of the appellant have been duly considered. In my considered view, the information available with the AO of high volume

I.T.O WD - 1(4),KOLKATA, KOLKATA vs. M/S ORCHID GRIHA NIRMAN, KOLKATA

In the result, the appeal by the Revenue is dismissed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am] I.T.A No. 2269/Kol/2013 Assessment Year : 2008-09 I.T.O., Ward-1(4) -Vs.- M/S. Orchid Griha Nirman Pvt. Ltd. Kolkata Kolkata [Pan : Aaaco 7148 L] (Respondent) (Appellant) For The Appellant : Shri Angam Shaiza, Cit For The Respondent : (I) Shri J.P.Khaitan, Sr.Advocate (Ii)Shri S.Jhajharia, Fca (Iii) Shri Sujoy Sen, Advocate

u/s 148 be issued.” The reasons recorded do not refer to the provisions of section 45(3) of the Act and it is not suggested in the recorded reasons that any income chargeable to tax under section 45(3) of the Act had escaped assessment. The assumption of jurisdiction under section 147 cannot be justified upon the basis that income

DCIT,CIRCLE-1, KOLKATA, KOLKATA vs. M/S CHEVIOT CO. LTD., KOLKATA

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

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

reassessment and initiation of proceeding u/s. 147 of Income Tax Act, 1961. b) That the original assessment having been completed u/s. 143(3), initiation of re- assessment proceeding beyond four years period was invalid in law without establishing the failure on the part of the assessee company to disclose fully & truly all material facts for its assessment for the relevant

DCIT, CC-1(4), KOLKATA, KOLKATA vs. KKALPANA INDUSTRIES INDIA LIMITED, KOLKATA

In the result, appeal of the revenue is dismissed

Bench: Shri George Mathan & Shri Sanjay Awasthiआयकर अपील सं/Ita No.452/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2016-2017) Dcit, Cc-1(4), Kolkata Vs Kkalpana Industries India Ltd. 2B, Pretoria Street, Middleton Row, Kolkata-700071 Pan No. :Aabck 2239 D (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Shri S.K.Tulsiyan, Advocate & Ms. Puja Somani, Ca रधजस्व की ओर से /Revenue By : Shri P.N.Barnwal, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 24/06/2025 घोषणा की तारीख/Date Of Pronouncement : 25/06/2025 आदेश / O R D E R Per George Mathan, Jm : This Is An Appeal Filed By The Revenue Against The Order Dated 13.11.2024, Passed By The Ld. Cit(A), Kolkata-20, Passed In Din & Order No.Itba/Apl/S/250/2024-25/1070338584(1), For The Assessment Year 2016-2017. 2. Shri P.N.Barnwal, Ld.Cit-Dr Appeared On Behalf Of The Revenue & Shri S.K.Tulsiyan, Advocate With Ms. Puja Somani, Ca, Appeared On Behalf Of The Assessee. 3. A Perusal Of The Appeal Record, We Find That The Appeal Of The Revenue Has Been Filed Belatedly By 28 Days. In This Regard, The Revenue Has Filed An Application For Condonation Of Delay Stating Sufficient Reasons Which Are Plausible & Not Found To Be False. Thus, The Delay Of 28 Days In Filing The Appeal Is Condoned & Appeal Is Admitted For Hearing.

Section Issue Grounds 1. 147 Order not as That the reassessment order per law passed by the learned AO u/s. 147 of the Act dated 31-03-2022 is ab initio void, ultra vires and null in law. 5 2. 147 Order not as That on the facts of the case and per law in law, the order passed u/s

BRINDA DAGA,KOLKATA vs. D.C.I.T., CC - 4(1), KOLKATA

In the result, appeal of the assessee is allowed

147 ITR 212\n• M.S. Kimtee Vs CIT(MP) 151 ITR 73.\n13. Omission to allow opportunity of cross-examination - Only a procedural irregularity -\nRemanded to A.O. ITO Vs M. Pirai Choodi (SC) 334 ITR 26: The High Court was\nsatisfied that there was a glaring violation of the principles of natural justice apparent on\n16\nITA No.2089/KOL/2025\nthe face

BHARGAB ENGINEERING WORKS,HOWRAH vs. PCIT, CENTRAL KOLKATA 2, , KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Shri George Mathan & Shri Rakesh Mishra

reassessment order under section 143(3) r.w.s. 147 dated 30.03.2023, and the expenditure claimed was required to be disallowed. Therefore, a sum of ₹ 17,03,551/- to be disallowed under section 36(1)(va) of the Act and another sum of ₹ 45,236/-, which was required to be disallowed as per Explanation 1 to sub-section (1) of section

KAMLESH SINGH,KOLKATA vs. I.T.O. WARD-4(30, KOLKATA

In the result, appeal of the assessee is allowed

147 ITR 212\n• M.S. Kimtee Vs CIT(MP) 151 ITR 73.\n13. Omission to allow opportunity of cross-examination - Only a procedural irregularity -\nRemanded to A.O. ITO Vs M. Pirai Choodi (SC) 334 ITR 26: The High Court was\nsatisfied that there was a glaring violation of the principles of natural justice apparent on\nthe face of the records

MAN MOHAN GOENKA,KOLKATA vs. I.T.O., WARD - 43(1),, KOLKATA

In the result, appeal of the assessee is allowed

147 ITR 212\n• M.S. Kimtee Vs CIT(MP) 151 ITR 73.\n13. Omission to allow opportunity of cross-examination - Only a procedural irregularity -\nRemanded to A.O. ITO Vs M. Pirai Choodi (SC) 334 ITR 26: The High Court was\nsatisfied that there was a glaring violation of the principles of natural justice apparent on\n16\nITA No.2111/KOL/2025\nthe face

M/S. DHANBAD MINERALS PVT. LTD.,,KOLKATA vs. ITO, WARD 6(1),, KOLKATA

In the result, appeal of the assessee is allowed

147 ITR 212\n• M.S. Kimtee Vs CIT(MP) 151 ITR 73.\n13. Omission to allow opportunity of cross-examination - Only a procedural irregularity -\nRemanded to A.O. ITO Vs M. Pirai Choodi (SC) 334 ITR 26: The High Court was\nsatisfied that there was a glaring violation of the principles of natural justice apparent on\nthe face of the records

DCIT, CC-3(3), KOLKATA, KOLKATA vs. AMICUS REAL ESTATE PVT. LTD., KOLKATA

In the result, appeal of the revenue is dismissed

Bench: SHRI SANJAY GARG, HON’BLE (Judicial Member), DR. MANISH BORAD, HON’BLE (Accountant Member)

45 of the seized document CG-2. The AO has referred to an entry in the name of one 'Banka Ji' to whom Rs. 4 crores was paid. The AO has recorded that this 'Banka ji' was identified, post search as one Subhas Kumar Banka, who in his statement u/s 131 has admitted to having sold a company, M/S Satyam

ABC INDIA LIMITED,KOLKATA vs. DCIT, CIRCLE 11(1),, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm Abc India Limited Dcit, Circle 11(1) 40/8, Ballygunj, Circular Road, Aayakar Bhawan, Chowringhee Kolkata, West Bengal-700019 Square, Kolkata-700069 Vs. West Bengal (Appellant) (Respondent) Pan No. Aacca2035J Assessee By : Shri S.K. Pransukhka, Ar Revenue By : Shri Sanjib Kumar Paul, Dr Date Of Hearing: 16.02.2026 Date Of Pronouncement: 15.04.2026

u/s 2(47)(i) & (ii) of the Act. Since, the assessee company was a member of the cooperative society and possession was given for the exclusive enjoyment of the property and consideration was also received which transaction was covered in the provision of Section 2(47) (vi) of the Act. However, these offices were registered during the impugned assessment year

ACIT, CIR-40, KOLKATA, KOLKATA vs. SUNDARLAL MOHANLAL SARDA & OTHERS, KOLKATA

In the result, Revenue’s appeal is dismissed as infructuous

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :007-08

reassessment proceedings u/s 148 of the Act after recording the reasons to believe as detailed under :- "From the reliable sources, it has come to notice that M/s Sunder Lal Mohan Lal Sharda & others had received Rs. 20852219/- as mining lease expenditure and Rs.73691121 as Transfer of Mining lease (Capital Expenditure) from M/s Sharda Mines Pvt. Ltd. (Total Rs.94543340) during