DCIT, CIRCLE - 10(2), KOLKATA , KOLKATA vs. M/S. V2 RETAIL LTD., NEW DELHI

In the result, the appeal of the Revenue and C

Bench: Shri Waseem Ahmed, Am & Ms. Madhumita Roy, Jm आयकर अपीलसं./I.T.A No.724/Kol/2018 ("नधा"रण वष" / Assessment Year: 2009-10) Dcit, Circle-10(2), Kolkata Vs. M/S V2 Retail Ltd. Plot- No.8, Pocket-2, Block-A, Rangpuri Extensions, Nh-8, New Delhi-110037. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcv5632P (Appellant) .. (Respondent) C.O No.11/Kol/2020 (In I.T.A No.724/Kol/2018) ("नधा"रण वष" / Assessment Year: 2009-10) M/S V2 Retail Ltd. Vs. Dcit, Circle-10(2), Kolkata Plot- No.8, Pocket-2, Block-A, Rangpuri Extensions, Nh-8, New Delhi-110037. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcv5632P (Cross-Objector) .. (Respondent) Appellant By : Shri Manish Kanojia, Dr Respondent By : Shri K. K. Chhaparia, Fca & Nirav Sheth, Fca सुनवाईक"तार"ख/ Date Of Hearing : 11/11/2020 घोषणाक"तार"ख/Date Of Pronouncement : 16/12/2020 आदेश / O R D E R Per Ms. Madhumita Roy: The Instant Appeal Filed By The Revenue & Cross-Objection Filed By The Assessee Are Against The Order Dated 25.01.2018 Passed By The Commissioner Of Income Tax (Appeals)-4, Kolkata Arising Out Of The Order Dated 20.03.2015 Passed

69A of the I. T. Act, 1961. I have, therefore, reason to believe that the assessee-company's income chargeable to tax has escaped assessment by the said amount of Rs.97.26 Crores and this is a fit case for invocation of the provisions of the Section 147 of the I. T. Act, 1961. Accordingly, the provisions of section 147

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

DEBABRATA BANERJEE,KOLKATA vs. DCIT,CIR-34,KOLKATA., KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am& Shri Pradip Kumar Choubey, Jm]

69A of Income Tax Act 1961 is upheld.” 5. The Ld. AR vehemently submitted before us that the assessment framed by the AO is invalid, void ab initio and non est in the eyes of law for various reasons. Arguing on the first limb of his argument, the Ld. AR submitted that the notice u/s

ACIT, INTERNATIONAL TAXATION CIR.-1(2), KOLKATA , KOLKATA vs. MAHABIR PRASAD GUPTA , KOLKATA

In the result, the appeal filed by the Revenue and the Cross

Bench: Dr. Manish Borad & Sonjoy Sarma

147 of the Act after issuance of notice u/s 148 of the Act, ld. AO noticed that during the year there is a cash deposit of Rs. 1,73,77,481/-. Though, during the course of proceedings before the lower authorities it was submitted that the source of alleged cash deposit in cash in hand available with the assessee, however

KAMALESH KUMAR TRIPATHI,KOLKATA vs. I.T.O., WARD - 52(2), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 2513/Kol/2024 Assessment Year: 2012-2013 Kamalesh Kumar Tripathi,…………….………Appellant Vishwasadan Co-Op. Housing Society, Action Area-1A, Plot No. Al/1/E/3, Flat 2B, Street No. 15, New Town, Kolkata-700156 [Pan:Abjpt4000B] -Vs.- Income Tax Officer,……………………..……...Respondent Ward-52(2), Kolkata, Bamboo Villa, Central Revenue Building, 169, A.J.C. Bose Road, Kolkata-700014 Appearances By: Shri S.K. Tulsian, A.R., Appeared On Behalf Of The Assessee Shri L.N. Dash, Addl. Cit (D.R.), Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: March 12, 2025 Date Of Pronouncing The Order: May 29, 2025 O R D E R

reassess the income for the relevant assessment year and directing him to file return under section 148 in the prescribed form. The assessee complied with the notice under section 148 and filed return of income on 30.04.2019. The main allegation as per reasons recorded for reopening of assessment based on which the appellant’s case was reopened was that

BHAIRABLANA SAMABAY KRISHI UNNAYAN SAMITY LIMITED ,VILL- HATBELE, POST- HATBELE vs. ASSESSING OFFICER, ASSESSMENT UNIT, INCOME TAX DEPARTMENT, NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2018-19

u/s. 147 read with section 144B & 144B of the Income- tax Act, 1961 (hereinafter referred to as the “Act”), dated 28.02.2023. 2. The grounds of appeal raised by the assessee are reproduced as under: “1 Ground-1. For that in the facts and in the circumstances of the case Commissioner of Income Tax (Appeals) National Faceless Appeal Centre Delhi

DCIT, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. BALMUKUND CEMENT & ROOFINGS PRIVATE LIMITED , KOLKATA

The appeal of the revenue is dismissed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

147/ 143(3) vide order dated 14.05.2020, accepting the returned income. A search action u/s 132 of the Act was Balmukund Lease Fin Private Limited; A.Y. 15-16 to 18-19, 23-24 Balmukund Cement & Roofings Private Limited AYs 15-16 to 21-22, 23-24 Balmukund Sponge and Iron Private Limited; A.Y. 23-24 conducted

DCIT, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. BALMUKUND CEMENT & ROOFINGS PRIVATE LIMITED , KOLKATA

The appeal of the revenue is dismissed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

147/ 143(3) vide order dated 14.05.2020, accepting the returned income. A search action u/s 132 of the Act was Balmukund Lease Fin Private Limited; A.Y. 15-16 to 18-19, 23-24 Balmukund Cement & Roofings Private Limited AYs 15-16 to 21-22, 23-24 Balmukund Sponge and Iron Private Limited; A.Y. 23-24 conducted

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. BALMUKUND SPONGE AND IRON PRIVATE LIMITED, PATNA

The appeal of the revenue is dismissed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

147/ 143(3) vide order dated 14.05.2020, accepting the returned income. A search action u/s 132 of the Act was Balmukund Lease Fin Private Limited; A.Y. 15-16 to 18-19, 23-24 Balmukund Cement & Roofings Private Limited AYs 15-16 to 21-22, 23-24 Balmukund Sponge and Iron Private Limited; A.Y. 23-24 conducted

DCIT, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. BALMUKUND CEMENT & ROOFINGS PRIVATE LIMITED , KOLKATA

The appeal of the revenue is dismissed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

147/ 143(3) vide order dated 14.05.2020, accepting the returned income. A search action u/s 132 of the Act was Balmukund Lease Fin Private Limited; A.Y. 15-16 to 18-19, 23-24 Balmukund Cement & Roofings Private Limited AYs 15-16 to 21-22, 23-24 Balmukund Sponge and Iron Private Limited; A.Y. 23-24 conducted

GOPAL & SONS HUF,KOLKATA vs. I.T.O., WARD - 32(1), KOLKATA, KOLKATA

The appeal of the revenue is dismissed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

147/ 143(3) vide order dated 14.05.2020, accepting the returned income. A search action u/s 132 of the Act was Balmukund Lease Fin Private Limited; A.Y. 15-16 to 18-19, 23-24 Balmukund Cement & Roofings Private Limited AYs 15-16 to 21-22, 23-24 Balmukund Sponge and Iron Private Limited; A.Y. 23-24 conducted

ASIF KHAN,KOLKATA vs. ITO,WARD-32(3),KOL, KOLKATA

In the result, the appeal filed by the assessee in ITA No

Bench: Shri Manish Borad&Shri Anikesh Banerjee]

69A of the Act and assessing the total income at Rs. 1,75,80,375/-. The aggrieved assessee filed the appeal before the ld. CIT(A) but remains unsuccessful. Being dissatisfied with the appeal order filed appeal before us. 4. The ld. AR in argument first mentioned the legal ground and challenged the jurisdiction of the ld. AO for reopening

M.A. FINANCIAL SERVICES PVT. LTD.,,KOLKATA vs. ITO, WARD 4(1),, KOLKATA

In the result, the appeal filed by the assessee is allowed and the appeal of Revenue is dismissed

Bench: Shri Pradip Kumar Choubey & Shri Sanjay Awasthiassessment Year: 2015-16 M. A Financial Services Pvt. Ltd.……………………….……….……….……Appellant 2, Lal Bazaar Street, 1St Floor, Kol-700001.. [Pan: Aaccm0481E] Vs. Ito, Ward-4(1), Kolkata…….…………………………….....……...…..…..Respondent Appearances By: Shri Manoj Kataruka, Ar, Appeared On Behalf Of The Appellant. Shri Praveen Kishore, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 09, 2025 Date Of Pronouncing The Order : October 17, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.05.2025 Of The National Faceless Appeal Centre [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2015–16. 2. Brief Facts Of The Case Of The Assessee Are That The Assessee Filed Its Return Of Income For The A.Y 2015-16 U/S 139 Of The Act On 20.07.2015 Declaring Total Income Of Rs.9,647/-. The Said Return Was Processed U/S 143(1) Of The Act. Later On, Based On Information Received Through Itba Software Under The Head High Risk Transaction Case Notice U/S 148A(B) Of The Act Was Issued & Finally Notice U/S 148 Of The Act Was Issued On 13.07.2022. In Response, The Assessee Filed Return On 02.11.2021 Declaring Total Income Of Rs.9,647. Assessment Was Made Under Sec. 147 M. A Financial Services Pvt. Ltd Read With Section 144B Of The Act On 24.05.2023 Determining Total Income Of Rs.6,55,31,471/- Inter-Alia Making Following Addition:

section 144B of the Act on 24.05.2023 determining total income of Rs.6,55,31,471/- inter-alia making following addition: 1. Addition on account of unexplained money of Rs.5,18,51,321/-. u/s. 69A of the Act. 2. Disallowance of expenses claimed under the head of salary and wages of Rs.51,15,500/-. 3. Addition on account of unexplained money

SUMITA ROY CHOWDHURY,KOLKATA vs. I.T.O., WARD - 48(1),, KOLKATA

In the result, the appeal filed by the assessee is allowed and the appeal of Revenue is dismissed

Bench: Shri Pradip Kumar Choubey & Shri Sanjay Awasthiassessment Year: 2015-16 M. A Financial Services Pvt. Ltd.……………………….……….……….……Appellant 2, Lal Bazaar Street, 1St Floor, Kol-700001.. [Pan: Aaccm0481E] Vs. Ito, Ward-4(1), Kolkata…….…………………………….....……...…..…..Respondent Appearances By: Shri Manoj Kataruka, Ar, Appeared On Behalf Of The Appellant. Shri Praveen Kishore, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 09, 2025 Date Of Pronouncing The Order : October 17, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.05.2025 Of The National Faceless Appeal Centre [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2015–16. 2. Brief Facts Of The Case Of The Assessee Are That The Assessee Filed Its Return Of Income For The A.Y 2015-16 U/S 139 Of The Act On 20.07.2015 Declaring Total Income Of Rs.9,647/-. The Said Return Was Processed U/S 143(1) Of The Act. Later On, Based On Information Received Through Itba Software Under The Head High Risk Transaction Case Notice U/S 148A(B) Of The Act Was Issued & Finally Notice U/S 148 Of The Act Was Issued On 13.07.2022. In Response, The Assessee Filed Return On 02.11.2021 Declaring Total Income Of Rs.9,647. Assessment Was Made Under Sec. 147 M. A Financial Services Pvt. Ltd Read With Section 144B Of The Act On 24.05.2023 Determining Total Income Of Rs.6,55,31,471/- Inter-Alia Making Following Addition:

section 144B of the Act on 24.05.2023 determining total income of Rs.6,55,31,471/- inter-alia making following addition: 1. Addition on account of unexplained money of Rs.5,18,51,321/-. u/s. 69A of the Act. 2. Disallowance of expenses claimed under the head of salary and wages of Rs.51,15,500/-. 3. Addition on account of unexplained money

GLASSEYE TRADERS PVT. LTD.,KOLKATA vs. I.T.O., WARD - 1(1), KOLKATA, KOLKATA

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

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

147 of the Income Tax Act, 1961 (in short the 'Act') were initiated and notice u/s 148 of the Act was issued in response to which the appellant filed the same return of income as originally done so. It is recorded that the Assessing Officer (hereinafter referred to as ld. 'AO') received information from the Investigation Wing, Kolkata pertaining

DIPANSHU GUPTA,HOWWRAH vs. ITO, WARD - 37(1), KOLKATA

In the result, both the appeals filed by the assessee are allowed\nfor statistical purposes

reassessment proceedings u/s 147 of the Act\nby the AO.\n3.) (a) That on the facts and in the circumstances of the case, Ld. CIT(A) erred\nin confirming the huge addition of Rs.4,84,23,000/- u/s 69A r.w.s.115BBE\nof the Act without going into the merits of addition.\n(b) That on the facts and in the circumstances

DCIT CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. BALMUKUND LEASE FIN PRIVATE LIMITED, PATNA

The appeal of the Revenue is dismissed

147/ 143(3) vide order dated 14.05.2020,\naccepting the returned income. A search action u/s 132 of the Act was\nPage 4\nBalmukund Lease Fin Private Limited; A.Y. 15-16 to 18-19, 23-24\nBalmukund Cement & Roofings Private Limited AYs 15-16 to 21-22, 23-24\nBalmukund Sponge and Iron Private Limited; A.Y. 23-24\nconducted

BALMUKUND CEMENT & ROOFINGS PVT. LTD.,,KOLKATA vs. DCIT, CENTRAL CIRCLE 4(3),, KOLKATA

The appeal of the Revenue is dismissed

147/ 143(3) vide order dated 14.05.2020,\naccepting the returned income. A search action u/s 132 of the Act was\nPage 4\nBalmukund Lease Fin Private Limited; A.Y. 15-16 to 18-19, 23-24\nBalmukund Cement & Roofings Private Limited AYs 15-16 to 21-22, 23-24\nBalmukund Sponge and Iron Private Limited; A.Y. 23-24\nconducted

BALMUKUND SPONGE & IRON PVT. LTD.,,PATNA vs. DCIT, CENTRAL CIRCLE 4(3),, KOLKATA

The appeal of the Revenue is dismissed

147/ 143(3) vide order dated 14.05.2020,\naccepting the returned income. A search action u/s 132 of the Act was\nPage 4\nBalmukund Lease Fin Private Limited; A.Y. 15-16 to 18-19, 23-24\nBalmukund Cement & Roofings Private Limited AYs 15-16 to 21-22, 23-24\nBalmukund Sponge and Iron Private Limited; A.Y. 23-24\nconducted