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9 results for “reassessment u/s 147”+ Section 54Fclear

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Key Topics

Section 26321Section 14715Section 143(3)10Section 1549Section 1489Section 546Reassessment5Addition to Income5Section 143(1)

RAMOTAR CHOUDHARI HUF,KOLKATA vs. PCIT 5 KOLKATA, KOLKATA

In the result, the appeal of the assessee stands allowed

ITA 1336/KOL/2023[2013-14]Status: DisposedITAT Kolkata09 May 2024AY 2013-14

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.1336/Kol/2023 Assessment Year : 2013-14 Ramotar Choudhari Huf.……..…………............…...……………....Appellant 7Th Floor, R.N 25 Fortuna Tower, 23A N.S. Road, Kolkata-1. [Pan: Aanhr9093K] Vs. Pcit-5, Kolkata………….…...............................................…..…..... Respondent Appearances By: Shri S. K. Pransukha, Fca, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 06, 2024 Date Of Pronouncing The Order : May 09, 2024 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 18.10.2023 Of The Principal Commissioner Of Income Tax, Kolkata [Hereinafter Referred To As ‘Pr. Cit’] Passed U/S 263 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Agitated Against The Action Of The Pr. Cit In Exercising His Revision Jurisdiction U/S 263 Of The Act & Thereby Directing The Assessing Officer To Frame The Assessment Afresh. 2. The Brief Facts Of The Case Are That The Assessee Filed Return Of Income For The Year Under Consideration Declaring Total Income Of Rs.2,55,970/- On 21.01.2014. Thereafter, An Information Was Received By The Assessing Officer From Investigation Wing That The Assessee Has

Section 10(38)Section 142(1)Section 147Section 263
4
Section 32(1)(iia)4
Reopening of Assessment4
Limitation/Time-bar3

reassessment order passed u/s 147 of the I.T.A. No.1336/Kol/2023 Assessment Year : 2013-14 Ramotar Choudhari HUF Act solely on the ground that the information was received from Investigation Wing that the assessee has received an accommodation entry from Blue Print Securities Ltd. It is pertinent to mention here that the reopening of the assessment was also done on the basis

DEEPAK SWITCH GEARS PVT. LTD. ,KOLKATA vs. PCIT, ASANSOL, ASANSOL

In the result, the appeal of the assessee stands allowed

ITA 809/KOL/2023[2012-13]Status: DisposedITAT Kolkata07 May 2024AY 2012-13

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.809/Kol/2023 Assessment Year: 2012-13 Deepak Switch Gears Pvt. Ltd….…......................…...……………....Appellant 48/6, Suman Villa, 2Nd Floor, 155, Jessore Road, Kolkata-700055. [Pan: Aabcd1131H] Vs. Pcit, Asansol….....….........................................................…..…..... Respondent Appearances By: Shri A. K. Tibrewal, Ar, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 08, 2024 Date Of Pronouncing The Order : May 07, 2024 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 30.12.2022 Of The Principal Commissioner Of Income Tax, Kolkata [Hereinafter Referred To As ‘Pr. Cit’] Passed U/S 263 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Agitated Against The Action Of The Pr. Cit In Exercising His Revision Jurisdiction U/S 263 Of The Act & Thereby Directing The Assessing Officer To Frame The Assessment Afresh. 2. The Registry Has Pointed Out That The Appeal Is Time-Barred By 158 Days. A Separate Application Of Condonation Of Delay Has Been Filed, Wherein, It Has Been Pleaded That After Receipt Of The Impugned Order Of The Pr. Cit, The Assessee, Through Its Director, Shri Deep Kishan Saraf, Immediately Approached One Shri Pawan Kumar Agarwal, Chartered

Section 253Section 263Section 5

reassessment order passed u/s 147 of the Act solely on the ground that the information was received from Investigation Wing that the assessee has received an accommodation entry from M/s Swiss Progressive Products Pvt. Ltd. It is pertinent to mention here that the reopening of the assessment was also done on the basis of same information. However, after examining

KARAN POLYMERS PVT LTD,KOLKATA vs. PCIT-2, KOLKATA

In the result, the appeal of the assessee is allowed as per the terms indicated herein above

ITA 270/KOL/2021[2011-12]Status: DisposedITAT Kolkata06 Apr 2022AY 2011-12

Bench: Sri Aby T. Varkey & Sri Manish Borad)

Section 143(3)Section 147Section 148Section 263

reassessment proceedings. 10. Relevant bank statement of the assessee evidencing transactions with M/s Pushkar Trading and Holding Pvt Ltd and confirmation of accounts received by the party. 11. Objection filed by the assessee and disposal order by AO. 12. Reply filed by the assessee dated 22-10-2018. 13. Notice issued u/s 142(1) of the Act dated

MOHAMMED GYASUDDIN,KOLKATA vs. ACIT, CIR.-30, KOLKATA

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

ITA 570/KOL/2020[2011-12]Status: DisposedITAT Kolkata16 May 2024AY 2011-12

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Section 143(3)Section 147Section 148Section 263Section 269SSection 271D

reassessment sought to be revised itself is bad in law. 2. For that the Ld. CIT erred in invoking the provisions of sec. 263 without appreciating the facts on record and the submission made by the assessee. 3. For that on the facts and in the circumstances of the case the Ld. CIT erred in setting aside the assessment when

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

In the result, the appeal of the assessee is allowed

ITA 1466/KOL/2014[2005-2006]Status: DisposedITAT Kolkata02 Dec 2016AY 2005-2006

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

For Appellant: Shri J.P.Khaitan, Sr. Counsel &For Respondent: Shri Sallong Yaden, Addl. CIT
Section 143(1)Section 143(3)Section 154Section 2Section 50CSection 54Section 54ESection 54F

reassessment by mentioning as follows:- Mistake in computation of total income. To be produced details of proof of evidences claiming exemption u/s 54F of the IT Act in respect of capital gain during the FY 2004-05 relevant with AY 2005- 06. 3.2. The assessee vide letter dated 17.4.2012 requested the ld AO to inform the reason for initiating proceedings

MOHAMMED GYASUDDIN,KOLKATA vs. ACIT, CIR.-30, KOLKATA

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

ITA 571/KOL/2020[2012-12]Status: DisposedITAT Kolkata16 May 2024AY 2012-12

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Section 143(3)Section 147Section 148Section 263Section 269SSection 271D

reassessment sought to be revised itself is bad in law 2. For that the Ld. CIT erred in invoking the provisions of sec. 263 without appreciating the facts on record and the submission made by the assessee. 3. For that on the facts and in the circumstances of the case the Ld. CIT erred in setting aside the assessment when

M/S OLYMPUS SUPPLIERS PVT. LTD.,KOLKATA vs. PCIT, CIR-2, KOLKATA, KOLKATA

In the result, the appeal of the assessee stands allowed

ITA 1088/KOL/2016[2009-2010]Status: DisposedITAT Kolkata13 May 2024AY 2009-2010

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.1088/Kol/2016 Assessment Year : 2009-10 M/S Olympus Suppliers Pvt Ltd.……..…………............…...……………....Appellant 15/B, Clive Row, Kolkata-1. [Pan: Aabco0624Q] Vs. Pcit, Circle-2, Kolkata……….…...............................................…..…..... Respondent Appearances By: Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 10, 2024 Date Of Pronouncing The Order : May 13, 2024 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 23.03.2015 Of The Principal Commissioner Of Income Tax-2, Kolkata [Hereinafter Referred To As ‘Pr. Cit’] Passed U/S 263 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. This Is A Second Round Of Litigation Before Us. Earlier, The Assessee Had Filed Appeal Before This Tribunal Against The Impugned Order Of The Pr. Cit Passed U/S 263 Of The Act, However, The Said Appeal Of The Assessee Was Dismissed Along With Three Other Cases By A Common Order Dated 05.08.2016. Being Aggrieved By The Said Order, The Assessee Preferred Further Appeal Before The Hon’Ble Calcutta High Court Bearing No. Itat/328/2017 Ia No.Ga/2/2017 (Old No.Ga/3184/2017). It Was Pleaded Before The Hon’Ble Calcutta High Court That The Appeal Of The Assessee Was Dismissed Along With Other Appeals, However, The Specific

Section 143(1)Section 151Section 263

reassessment order, the Assessing Officer also took note of the fact that during the previous year, the assessee has raised Rs.10 crores by issuing 10 lakh equity shares of face value of Rs.1/- at a premium of Rs.99/- by private placement. A perusal of the impugned order of the ld. Pr. CIT would show that

M/S. G.S. ATWAL & COMPANY (ENGINEERS) PVT. LTD., ,KOLKATA vs. DCIT, CIRCLE - 11(1) , KOLKATA

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

ITA 1937/KOL/2019[2005-06]Status: DisposedITAT Kolkata18 Jun 2021AY 2005-06

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey)

Section 143(1)Section 143(3)Section 147Section 148Section 154Section 234DSection 250Section 32(1)(iia)

reassessment order u/s. 147/143 dated 19.12.2013 without reasonable opportunity of hearing although the assessment will be barred by limitation on 31.03.2015, as the total interest awarded ,of Rs. 10,58,25,030/- to be divided equally in 10 assessment year i.e. Rs. 105,82,503/- for the assessment year 2005-06. That the basis for reopening the assessment u/s

M/S. G.S. ATWAL & COMPANY (ENGINEERS) PVT. LTD., ,KOLKATA vs. DCIT, CIRCLE - 11(1) , KOLKATA

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

ITA 1938/KOL/2019[2006-07]Status: DisposedITAT Kolkata18 Jun 2021AY 2006-07

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey)

Section 143(1)Section 143(3)Section 147Section 148Section 154Section 234DSection 250Section 32(1)(iia)

reassessment order u/s. 147/143 dated 19.12.2013 without reasonable opportunity of hearing although the assessment will be barred by limitation on 31.03.2015, as the total interest awarded ,of Rs. 10,58,25,030/- to be divided equally in 10 assessment year i.e. Rs. 105,82,503/- for the assessment year 2005-06. That the basis for reopening the assessment u/s