D.C.I.T., CENTAL CIRCLE - 3(3) KOLKATA, KOLKATA vs. SHRI BISWANATH GARODIA, KOLKATA

In the result, all the appeals of the revenue are dismissed and cross objections of assessee are also dismissed being academic in nature

Bench: Shri A. T. Varkey, Jm & Dr. (Shri) Arjunlalsaini, Am]

reassessment proceedings had become time barred on or before 31.03.2012 and therefore initiation of proceedings u/s. 147 on 16.02.2016 was hit by the law of limitation”. Thereafter, he reproduced Section 149(1) of the Income-tax Act, 1961 as under:- " (1) No notice under section 148 shall be issued for the relevant assessment year,­ (a) if four years have elapsed

DCIT, C.C.XXVII, KOLKATA, KOLKATA vs. M/S. PRATAP PROPERTIES LTD., KOLKATA

Accordingly, the grounds raised by the revenue for all the assessment years are dismissed

Bench: Hon. Sri Mahavir Singh & Hon. Sri M.Balaganesh

147 of the Act but not u/s 153A of the Act. When accepted by the AO then there is no concealment of income and consequently penalty u/s 271(1)(c ) of the Act cannot be imposed. The concealment of income is to be determined with regard to the return of income in response to notice u/s 153A

DCIT, CENTRAL CIRCLE - 1(1), KOLKATA , KOLKATA vs. M/S. ALEMBIC MERCHANTS PVT. LTD., , KOLKATA

In the result, the appeal of revenue fails

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Hon’Ble Shri A. T. Varkey, Jm Assessment Year: 2009-10 Dcit, Central Cir-1(1), Kolkata Vs. M/S. Alembic Merchants Pvt. Ltd Pan: Aacca 0918Q Appellant Respondent

c ) …… The section 153 relates to time limit for completion of assessment, reassessment and re- computation says as under:- 153(1)…. (2) No order of assessment, reassessment or re-computation shall be made under section 147 after the expiry of nine months from the end of the financial year in which the notice under section 148 was served; From

M/S PCM STRESCON OVERSEAS VENTURE LTD.,SILIGURI vs. PCIT-1, , KOLKATA

In the result, both appeal preferred by the revenue (ITA No

Bench: Shri P. M. Jagtap & Shri A. T. Varkey]

C” BENCH: KOLKATA [Before Shri P. M. Jagtap, Vice President & Shri A. T. Varkey, Judicial Member] I.T.A. No. 112/Kol/2021 Assessment Year: 2012-13 PCM Stresscon Overseas Ventures Vs Principal Commissioner of Income- Ltd. (PAN: AAECP2571Q)) . tax, - 1, Kolkata. Appellant Respondent & I.T.A. No. 2652/Kol/2019 Assessment Year: 2012-13 Income-tax Officer, Wd-1(1), Kolkata Vs PCM Stresscon Overseas Ventures

I.T.O.,WARD-1(1), KOLKATA vs. M/S PCM STRESCON OVERSEAS VENTURE LTD., KOLKATA

In the result, both appeal preferred by the revenue (ITA No

Bench: Shri P. M. Jagtap & Shri A. T. Varkey]

C” BENCH: KOLKATA [Before Shri P. M. Jagtap, Vice President & Shri A. T. Varkey, Judicial Member] I.T.A. No. 112/Kol/2021 Assessment Year: 2012-13 PCM Stresscon Overseas Ventures Vs Principal Commissioner of Income- Ltd. (PAN: AAECP2571Q)) . tax, - 1, Kolkata. Appellant Respondent & I.T.A. No. 2652/Kol/2019 Assessment Year: 2012-13 Income-tax Officer, Wd-1(1), Kolkata Vs PCM Stresscon Overseas Ventures

SURESH KUMAR PODDAR,KOLKATA vs. I.T.O., WARD - 63(4), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

Bench: SHRI RAJESH KUMAR (Accountant Member)

u/s 132(1) on some other person. The case of the assessee find force from the decision of the Hon'ble Bombay High Court in case of SejalJewellary and Anr. Vs. Union &Ors and Others (supra), wherein the Hon'ble court has held as under:- “12. We have heard learned counsel for the parties and with their assistance, we have

D.C.I.T., CC-4(4), KOLKATA, KOLKATA vs. EVERSIGHT TRADE COMM PVT. LTD., KOLKATA

In the result, all the three appeals filed by the revenue are dismissed and copy of common order passed is to be placed on respective case files

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

147 of the Act in response to the same, assessee company filed relevant documents as required and assessment was completed determining Nil income in the hands of the assessee. Further, the ld. AO has initiated penalty proceeding u/s 271(1)(c) of the Act in response to such proceeding assessee filed a detailed reply. However, ld. AO was not satisfied

D.C.I.T., CC-4(4), KOLKATA, KOLKATA vs. EVERSIGHT TRADE COMM PVT. LTD., KOLKATA

In the result, all the three appeals filed by the revenue are dismissed and copy of common order passed is to be placed on respective case files

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

147 of the Act in response to the same, assessee company filed relevant documents as required and assessment was completed determining Nil income in the hands of the assessee. Further, the ld. AO has initiated penalty proceeding u/s 271(1)(c) of the Act in response to such proceeding assessee filed a detailed reply. However, ld. AO was not satisfied

D.C.I.T., CC-4(4), KOLKATA, KOLKATA vs. EVERSIGHT TRADECOMM PVT. LTD., KOLKATA

In the result, all the three appeals filed by the revenue are dismissed and copy of common order passed is to be placed on respective case files

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

147 of the Act in response to the same, assessee company filed relevant documents as required and assessment was completed determining Nil income in the hands of the assessee. Further, the ld. AO has initiated penalty proceeding u/s 271(1)(c) of the Act in response to such proceeding assessee filed a detailed reply. However, ld. AO was not satisfied

ACIT, CIRCLE - 25, KOLKATA , KOLKATA vs. M/S. MALA ROY & OTHERS, KOLKATA

In the result, this appeal of the In the result, this appeal of the revenue is dismissed

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey) Assessment Year: 2008-09 & Assessment Year: 2012-13

6] Once the Court has come to the conclusion that there was no compliance of the mandatory has come to the conclusion that there was no compliance of the mandatory has come to the conclusion that there was no compliance of the mandatory requirements of sections 147 sections 147 and 151(2), the notice reopening the assessmen , the notice reopening

ACIT, CIRCLE - 25, KOLKATA , KOLKATA vs. M/S. MALA ROY & OTHERS, KOLKATA

In the result, this appeal of the In the result, this appeal of the revenue is dismissed

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey) Assessment Year: 2008-09 & Assessment Year: 2012-13

6] Once the Court has come to the conclusion that there was no compliance of the mandatory has come to the conclusion that there was no compliance of the mandatory has come to the conclusion that there was no compliance of the mandatory requirements of sections 147 sections 147 and 151(2), the notice reopening the assessmen , the notice reopening

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

c) The Hon'ble Delhi Tribunal in the case of 'Sushil Gaur v. ITO Ι.Τ.Α. Νο.\n1500/Del/2017 and Shelly Agarwal v. ITO- I.T.A. No. 1501/Del/2017, Order dated 08th\nAugust, 2017', held that:\n“I have heard both the parties and perused the records, especially the impugned order\nas well as the Paper Book. On having gone through

DCIT, CC-4(2), KOLKATA, KOLKATA vs. NALINI BHASKARAN , KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

147 of the Act, till 31st ITA Nos. 580 to 590/KOL/2023 Tharur Bhaskaran March, 2023 and also section 147A of the Act till 30th April, 2023 respectively. 10. Huge number of relevant documents, as required for, in this Group being prepared in respect of filing the appeal before the Hon’ble ITAT for which the time was consumed beyond

DCIT, CC-4(2), KOLKATA, KOLKATA vs. NALINI BHASKARAN , KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

147 of the Act, till 31st ITA Nos. 580 to 590/KOL/2023 Tharur Bhaskaran March, 2023 and also section 147A of the Act till 30th April, 2023 respectively. 10. Huge number of relevant documents, as required for, in this Group being prepared in respect of filing the appeal before the Hon’ble ITAT for which the time was consumed beyond

DCIT,CC-4(2), KOLKATA, KOLKATA vs. THARUR BHASKARAN, KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

147 of the Act, till 31st ITA Nos. 580 to 590/KOL/2023 Tharur Bhaskaran March, 2023 and also section 147A of the Act till 30th April, 2023 respectively. 10. Huge number of relevant documents, as required for, in this Group being prepared in respect of filing the appeal before the Hon’ble ITAT for which the time was consumed beyond

DCIT,CC-4(2), KOLKATA, KOLKATA vs. THARUR BHASKARAN, KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

147 of the Act, till 31st ITA Nos. 580 to 590/KOL/2023 Tharur Bhaskaran March, 2023 and also section 147A of the Act till 30th April, 2023 respectively. 10. Huge number of relevant documents, as required for, in this Group being prepared in respect of filing the appeal before the Hon’ble ITAT for which the time was consumed beyond

DCIT,CC-4(2), KOLKATA, KOLKATA vs. THARUR BHASKARAN, KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

147 of the Act, till 31st ITA Nos. 580 to 590/KOL/2023 Tharur Bhaskaran March, 2023 and also section 147A of the Act till 30th April, 2023 respectively. 10. Huge number of relevant documents, as required for, in this Group being prepared in respect of filing the appeal before the Hon’ble ITAT for which the time was consumed beyond

DCIT, CC-4(2), KOLKATA, KOLKATA vs. NALINI BHASKARAN , KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

147 of the Act, till 31st ITA Nos. 580 to 590/KOL/2023 Tharur Bhaskaran March, 2023 and also section 147A of the Act till 30th April, 2023 respectively. 10. Huge number of relevant documents, as required for, in this Group being prepared in respect of filing the appeal before the Hon’ble ITAT for which the time was consumed beyond

DCIT, CC-4(2), KOLKATA, KOLKATA vs. NALINI BHASKARAN , KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

147 of the Act, till 31st ITA Nos. 580 to 590/KOL/2023 Tharur Bhaskaran March, 2023 and also section 147A of the Act till 30th April, 2023 respectively. 10. Huge number of relevant documents, as required for, in this Group being prepared in respect of filing the appeal before the Hon’ble ITAT for which the time was consumed beyond