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)

section 147 of the Act, therefore, the proceeding u/s.147 against the assessee should be dropped. It was further required by the assessee to provide the reason for re-opening the case which was duly provided by Amrabathi Investra Pvt. Ltd. ITA Nos.231 & 365/Kol/2017 Assessment Year:2009-10 the assessing officer. The assessee further filed written submission dated 25.07.2016 in which

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

In the result, appeals by the revenue are dismissed and cross-objections by the assessee are allowed

147, the intention of the legislature and the scheme of the Act for making assessment u/s 153A where search u/s 132 is initiated, is same i.e. in order to make assessment of total income, after having assumed the jurisdiction to assess total income, the powers of AO shall not remain restricted to mere those material which were seized during search

DCIT, CIR-5(1), KOLKATA, KOLKATA vs. M/S COAL INDIA LTD., KOLKATA

In the result, both the appeals of the Revenue are dismissed

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri A.T. Varkey

56,000/- made by the Assessing Officer therein and after considering the submission made by the assessee as well as the material available on record, the ld. CIT(Appeals) found merit in the contention raised on behalf of the assessee that the re- opening of assessment originally completed under section 143(3) beyond a period of four years without there

DCIT, CIR-5(1), KOLKATA, KOLKATA vs. M/S COAL INDIA LTD., KOLKATA

In the result, both the appeals of the Revenue are dismissed

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri A.T. Varkey

56,000/- made by the Assessing Officer therein and after considering the submission made by the assessee as well as the material available on record, the ld. CIT(Appeals) found merit in the contention raised on behalf of the assessee that the re- opening of assessment originally completed under section 143(3) beyond a period of four years without there

M/S. SHAKAMBHARI ISPAT & POWER LTD., ,KOLKATA vs. DCIT, CENTRAL CIRCLE 3(3), KOLKATA

reassessment u/s.147 of the Act based on invalid notice issued by the AO u/s.148 of the Act dated 06.09.2022 Facts in brief are that the assessee company filed its return of income u/s 139(1) of the Act for the assessment year under consideration on 31.10.2019 declaring total income of Rs.17,25,39,330/- under normal provision

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 3(1),, KOLKATA vs. SHAKAMBHARI ISPAT & POWER LIMITED, KOLKATA

reassessment u/s.147 of the Act based on invalid notice issued by the AO u/s.148 of the Act dated 06.09.2022 4. Facts in brief are that the assessee company filed its return of income u/s 139(1) of the Act for the assessment year under consideration on 31.10.2019 declaring total income of Rs.17,25,39,330/- under normal provision

ACIT, CIRCLLE-34, KOLKATA vs. SUBHAS KUMAR KEDIA, KOLKATA

In the result, appeal of the revenue is dismissed

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.1677/Kol/2024 (नििाारण वर्ा / Assessment Year : 2016-2017) Acit, Circle-34, Kolkata Vs Subhas Kumar Kedia, 41, N.S.Road, Kolkata Pan No. :Afnpk 9669 M (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Ms. Shreya Loyalka, Ar राजस्व की ओर से /Revenue By : Shri P.N.Barnwal, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 21/01/2025 घोषणा की तारीख/Date Of Pronouncement : 17/04/2025 आदेश / O R D E R Per Rajesh Kumar, Am : This Is An Appeal Filed By The Revenue Against The Order Dated 05.06.2024, Passed By The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, For The Assessment Year 2016-2017, On The Following Grounds Of Appeal :- I) That On The Facts & In The Circumstances Of The Case, The Ld. Cit(Appeals), Nfac, Delhi, Erred In Quashing The Order U/S.148A(D) & All Subsequent Proceedings. Ii) That On The Facts & Circumstances Of The Case, The Ld. Cit(Appeals), Nfac, Delhi, Failed To Acknowledge The Fact That The Assesse Had Not Expressed Any Grievance Against The Validity Of Order U/S 148A(D) By Moving Any Writ Petition Which Should Have Been Done In Case Of Any Grievance After Getting The Sald Order U/S.148A(D). Iii) That On The Facts & Circumstances Of The Case, The Ld. Cit(Appeals), Nfac, Delhi, Erred In Quashing The Order When The Ld. Cit(A) Has No Jurisdiction To Deal With The Question Whether The 148A(D) Order Was Passed Validly Or Properly As An Order U/S.148A(D) Is Not An Appealable Order Before Ld. Cit(A) As Per Section 246A.

vii) That on the facts and circumstances of the case, the Ld. CIT(Appeals), NFAC, Delhi, failed to acknowledge para 6.2 of the said instruction, wherein the extended reassessment notice for the A.Y.2016-17 was to be dealt as under :- Fresh notice u/s. 148 can be issued with approval of the specified authority under clause (a) of sub-section (1

M/S. SHAKAMBHARI ISPAT & POWER LTD.,,KOLKATA vs. DCIT, CENTRAL CIRCLE 3(3), , KOLKATA

reassessment u/s.147 of the Act based on invalid notice issued by the AO u/s.148 of the Act dated 06.09.2022 4. Facts in brief are that the assessee company filed its return of income u/s 139(1) of the Act for the assessment year under consideration on 31.10.2019 declaring total income of Rs.17,25,39,330/- under normal provision

DEPUTY COMMISSIONER OF INCOME TAX, KOLKATA vs. SHAKAMBHARI ISPAT & POWER LIMITED, KOLKATA

reassessment u/s.147 of the Act based on invalid notice issued by the AO u/s.148 of the Act dated 06.09.2022 4. Facts in brief are that the assessee company filed its return of income u/s 139(1) of the Act for the assessment year under consideration on 31.10.2019 declaring total income of Rs.17,25,39,330/- under normal provision

M/S. SHAKAMBHARI ISPAT & POWER LTD., ,KOLKATA vs. DCIT, CENTRAL CIRCLE 3(3), , KOLKATA

reassessment u/s.147 of the Act based on invalid notice issued by the AO u/s.148 of the Act dated 06.09.2022 4. Facts in brief are that the assessee company filed its return of income u/s 139(1) of the Act for the assessment year under consideration on 31.10.2019 declaring total income of Rs.17,25,39,330/- under normal provision

D.C.I.T., CC - 3(1),, KOLKATA vs. SHAKAMBHARI ISPAT & POWER LIMITED, KOLKATA

reassessment u/s.147 of the Act based on invalid notice issued by the AO u/s.148 of the Act dated 06.09.2022 4. Facts in brief are that the assessee company filed its return of income u/s 139(1) of the Act for the assessment year under consideration on 31.10.2019 declaring total income of Rs.17,25,39,330/- under normal provision

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 3.1, KOLKATA vs. SHAKAMBHARI ISPAT & POWER LIMITED, KOLKATA

reassessment u/s.147 of the Act based on invalid notice issued by the AO u/s.148 of the Act dated 06.09.2022 4. Facts in brief are that the assessee company filed its return of income u/s 139(1) of the Act for the assessment year under consideration on 31.10.2019 declaring total income of Rs.17,25,39,330/- under normal provision

DEPUTY COMMISSIONER OF INCOME TAX, KOLKATA vs. SHAKAMBHARI ISPAT & POWER LIMITED, KOLKATA

reassessment u/s.147 of the Act based on invalid notice issued by the AO u/s.148 of the Act dated 06.09.2022 4. Facts in brief are that the assessee company filed its return of income u/s 139(1) of the Act for the assessment year under consideration on 31.10.2019 declaring total income of Rs.17,25,39,330/- under normal provision

M/S. SHAKAMBHARI ISPAT & POWER LTD.,KOLKATA vs. DCIT, CC - 3(3),, KOLKATA

reassessment u/s.147 of the Act based on invalid notice issued by the AO u/s.148 of the Act dated 06.09.2022 4. Facts in brief are that the assessee company filed its return of income u/s 139(1) of the Act for the assessment year under consideration on 31.10.2019 declaring total income of Rs.17,25,39,330/- under normal provision

DEPUTY COMMISSIONER OF INCOME TAX, KOLKATA vs. SHAKAMBHARI ISPAT & POWER LIMITED, KOLKATA

reassessment u/s.147 of the Act based on invalid notice issued by the AO u/s.148 of the Act dated 06.09.2022 4. Facts in brief are that the assessee company filed its return of income u/s 139(1) of the Act for the assessment year under consideration on 31.10.2019 declaring total income of Rs.17,25,39,330/- under normal provision

M/S. SHAKAMBHARI ISPAT & POWER LTD.,,KOLKATA vs. DCIT, CENTRAL CIRCLE 3(3), , KOLKATA

reassessment u/s.147 of the Act based on invalid notice issued by the AO u/s.148 of the Act dated 06.09.2022 4. Facts in brief are that the assessee company filed its return of income u/s 139(1) of the Act for the assessment year under consideration on 31.10.2019 declaring total income of Rs.17,25,39,330/- under normal provision

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

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

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

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

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