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)

x) 246 ITR 173 (Delhi)- Assessing Officer should have reasonable belief that income has escaped assessment conclusive proof of escapement at this stage is not necessary. xi) 271 ITR 56 (Hyderabad) (AT)-Amended provision of 147 provides ample power to the Assessing Officer to start reassessment proceedings when he is of the opinion that income chargeable to tax has escaped

MACKINTOSH BURN LTD., ,KOLKATA vs. DCIT, CIRCLE - 11(2), KOLKATA , KOLKATA

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

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1736/Kol/2017 ("नधा"रणवष" / Assessment Year: 2007-08)

reassessment proceedings under section 147 of the Act without appreciating that the said proceedings were initiated on the basis of audit objections and without independent application of mind by the AO. 2. That on the facts and in the circumstances of the case and in law and without prejudice to Ground No. 1(a),1(b)&1(c) taken hereinabove

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, 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.

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) of New Section 149 since AY 2016-17 is within the period of three years from the end of relevant assessment year. Specified authority u/s.151

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

56,77,000/-\nby applying average rate of Rs.4000/- per MT to the quantity delivered to\nthe assessee of 13919.25, which is again based on presumption and\nsurmises whereas the actual purchase cost of coal varies from\nRs.2,500/MT to Rs.17,000/MT depending upon the Carbon Content, Ash\ncontent and various other factors. Therefore, the very basis of the\nAssessing

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

56,77,000/-\nby applying average rate of Rs.4000/- per MT to the quantity delivered to\nthe assessee of 13919.25, which is again based on presumption and\nsurmises whereas the actual purchase cost of coal varies from\nRs.2,500/MT to Rs.17,000/MT depending upon the Carbon Content, Ash\ncontent and various other factors. Therefore, the very basis of the\nAssessing

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

56,77,000/-\nby applying average rate of Rs.4000/- per MT to the quantity delivered to\nthe assessee of 13919.25, which is again based on presumption and\nsurmises whereas the actual purchase cost of coal varies from\nRs.2,500/MT to Rs.17,000/MT depending upon the Carbon Content, Ash\ncontent and various other factors. Therefore, the very basis of the\nAssessing

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

56,77,000/-\nby applying average rate of Rs.4000/- per MT to the quantity delivered to\nthe assessee of 13919.25, which is again based on presumption and\nsurmises whereas the actual purchase cost of coal varies from\nRs.2,500/MT to Rs.17,000/MT depending upon the Carbon Content, Ash\ncontent and various other factors. Therefore, the very basis of the\nAssessing

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

56,77,000/-\nby applying average rate of Rs.4000/- per MT to the quantity delivered to\nthe assessee of 13919.25, which is again based on presumption and\nsurmises whereas the actual purchase cost of coal varies from\nRs.2,500/MT to Rs.17,000/MT depending upon the Carbon Content, Ash\ncontent and various other factors. Therefore, the very basis of the\nAssessing

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]

x) The ld DRP passed an order on 24.6.2015 stating that the assessee is not an eligible assessee as defined in section 144C(15)(b) of the Act and accordingly the ld DRP cannot assume jurisdiction and directed the ld AO to proceed as per law. (xi) The ld AR argued that the entire addition of Rs. 2

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]

x) The ld DRP passed an order on 24.6.2015 stating that the assessee is not an eligible assessee as defined in section 144C(15)(b) of the Act and accordingly the ld DRP cannot assume jurisdiction and directed the ld AO to proceed as per law. (xi) The ld AR argued that the entire addition of Rs. 2

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]

x) The ld DRP passed an order on 24.6.2015 stating that the assessee is not an eligible assessee as defined in section 144C(15)(b) of the Act and accordingly the ld DRP cannot assume jurisdiction and directed the ld AO to proceed as per law. (xi) The ld AR argued that the entire addition of Rs. 2

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

Appeals of the assessee are partly allowed and\nappeals of the revenue are dismissed

56,77,000/-\nby applying average rate of Rs.4000/- per MT to the quantity delivered to\nthe assessee of 13919.25, which is again based on presumption and\nsurmises whereas the actual purchase cost of coal varies from\nRs.2,500/MT to Rs.17,000/MT depending upon the Carbon Content, Ash\ncontent and various other factors. Therefore, the very basis of the\nAssessing

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

56,77,000/-\nby applying average rate of Rs.4000/- per MT to the quantity delivered to\nthe assessee of 13919.25, which is again based on presumption and\nsurmises whereas the actual purchase cost of coal varies from\nRs.2,500/MT to Rs.17,000/MT depending upon the Carbon Content, Ash\ncontent and various other factors. Therefore, the very basis of the\nAssessing

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

56,77,000/-\nby applying average rate of Rs.4000/- per MT to the quantity delivered to\nthe assessee of 13919.25, which is again based on presumption and\nsurmises whereas the actual purchase cost of coal varies from\nRs.2,500/MT to Rs.17,000/MT depending upon the Carbon Content, Ash\ncontent and various other factors. Therefore, the very basis of the\nAssessing

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

56,77,000/-\nby applying average rate of Rs.4000/- per MT to the quantity delivered to\nthe assessee of 13919.25, which is again based on presumption and\nsurmises whereas the actual purchase cost of coal varies from\nRs.2,500/MT to Rs.17,000/MT depending upon the Carbon Content, Ash\ncontent and various other factors. Therefore, the very basis of the\nAssessing

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

56,77,000/-\nby applying average rate of Rs.4000/- per MT to the quantity delivered to\nthe assessee of 13919.25, which is again based on presumption and\nsurmises whereas the actual purchase cost of coal varies from\nRs.2,500/MT to Rs.17,000/MT depending upon the Carbon Content, Ash\ncontent and various other factors. Therefore, the very basis of the\nAssessing

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

56,77,000/-,\nby applying average rate of Rs.4000/- per MT to the quantity delivered to\nthe assessee of 13919.25, which is again based on presumption and\nsurmises whereas the actual purchase cost of coal varies from\nRs.2,500/MT to Rs.17,000/MT depending upon the Carbon Content, Ash\ncontent and various other factors. Therefore, the very basis of the\nAssessing