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

ANJU DARUKA,BURDWAN vs. ITO, WARD - 3(1),, ASANSOL

In the result, the appeal of the assessee is allowed

u/s 148.\nYes I am satisfied Sd/-\nP.K. Gupta)\nPr. Commissioner of Income Tax-2,\nNew Delhi\nDated: 22.03.2017\"\n13. The satisfaction arrived at by the concerned Officer should be discernible from the\nsanction order passed under Section 151 of the Act. However, as may be seen, the\napproval order is bereft of any reason. There is no whisper

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

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

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

DCIT, CENTRAL CIRCLE- 4(3), KOLKATA, KOLKATA vs. BALMUKUND CEMENT & ROOFINGS PRIVATE LIMITED , 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\nconducted on 30.11.2025, and on the subsequent dates on the\npremises of 'Kanodia Group of cases'. The assessee being a group\nentity is also covered under the said search. Notice u/s 148 of the Act\nwas issued

DIPANSHU GUPTA,HOWRAH 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

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

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\nconducted on 30.11.2025, and on the subsequent dates on the\npremises of 'Kanodia Group of cases'. The assessee being a group\nentity is also covered under the said search. Notice u/s 148 of the Act\nwas issued

DCIT, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. BALMUKUND CEMENT & ROOFINGS PRIVATE LIMITED , 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\nconducted on 30.11.2025, and on the subsequent dates on the\npremises of 'Kanodia Group of cases'. The assessee being a group\nentity is also covered under the said search. Notice u/s 148 of the Act\nwas issued

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