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7 results for “section 68”+ Section 270A(2)(b)clear

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Key Topics

Section 26311Section 143(3)10Section 270A10Section 56(2)(viib)8Section 69A6Section 271A6Section 685Section 153A5Addition to Income5Penalty

MILK MANTRA DAIRY (P) LTD.,BHUBANESWAR vs. DCIT, CIR.-12(1), KOLKATA

In the result, the appeal of the assessee is partly allowed

ITA 413/KOL/2020[2013-14]Status: DisposedITAT Kolkata04 Jul 2022AY 2013-14

Bench: Shri Aby T. Varkey & Shri Girish Agrawalassessment Year: 2013-14 Milk Mantra Dairy Pvt. Ltd. Deputy Commissioner Of Pan: Aagcm1112L Income-Tax Vs. 7Th Floor, Z Tower, Patia Circle-12(1) Nandan Kanan Road, Kolkata. Bhubaneswar-751024. (Appellant) (Respondent) Present For: Appellant By : Shri Rajib Sharma & Shri Jai Somani, Ars Respondent By : Shri Sudipta Guha, Cit, Dr Date Of Hearing : 05.04.2022 Date Of Pronouncement : 04.07.2022 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Arising Out Of The Order Of Cit(A)-4, Kolkata In Appeal No. 491/Cit(A)-4/16-17 Dated 03.02.2020 Against The Assessment Order Of Dcit, Circle-12(1), Kolkata Passed U/S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”) Dated 13.01.2017. 2. There Is A Delay Of 73 Days In Filing The Present Appeal For Which A Petition For Condonation Of Delay Is Placed On Record. From The Condonation Petition, We Note That The Present Appeal Ought To Have Been Filed On Or Before 17.04.2020 Which Falls During The Lockdown Period On Account Of Pandemic Of Covid-19. It Is Requested By The Assessee That Since It Is Prevented By Sufficient & Reasonable Cause, The Delay Of 73 Days In Filing The Appeal May Be Condoned & Appeal Be Admitted For Meritorious Disposal. We Have Heard Both The Sides & Find That Vide Order Dated 10.01.2022, Hon’Ble Supreme Court Has Directed That The Period From 15.03.2020 To 28.02.2022 Is To Be Excluded For The Purpose Of Computing The 2 Milk Mantra Dairy (P) Ltd. A.Y. 2013-14 Limitation Period During The Covid-19 Pandemic. Further, A Period Of 90 Days Is Allowed After 28.02.2022 Vide Same Order. Considering The Facts & The Explanation Of The Assessee, We Condone The Delay In Filing The Appeal & Admit It For Adjudication.

For Appellant: Shri Rajib Sharma & Shri Jai Somani, ARs Shri Sudipta Guha, CIT, DR
4
Cash Deposit2
Limitation/Time-bar2
For Respondent:
Section 143(3)Section 56(2)(viib)

270A for the said previous year. Explanation: - For the purposes of this clause,— 12 Milk Mantra Dairy (P) Ltd. A.Y. 2013-14 (a) the “fair market value” of the shares shall be the value— (i) as may be determined in accordance with such method as may be prescribed; or (ii) as may be substantiated by the company to the satisfaction

TERAI FRUITS COMPANY,SILIGURI vs. INCOME TAX OFFICER, WARD-1(1), SILIGURI, SILIGURI

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

ITA 2099/KOL/2024[2018-19]Status: DisposedITAT Kolkata14 Jan 2025AY 2018-19

Bench: Sri Pradip Kumar Choubey & Sri Rakesh Mishra

Section 144BSection 147Section 148Section 250Section 270ASection 274Section 285B

b) of sub-section (2) of section 249, grant immunity from imposition of penalty under section 270A and initiation of proceedings under section 276C or section 276CC, where the proceedings for penalty under section 270A has not been initiated under the circumstances referred to in sub-section (9) of the said section

M/S STEEL AUTHORITY OF INDIA EMPLOYEES CO OPERATIVE CREDIT SOCIETY LIMITED ,KOLKATA vs. PCIT, KOLKATA

In the result, the appeal of the assessee stands allowed

ITA 207/KOL/2022[2017-18]Status: DisposedITAT Kolkata28 Jul 2022AY 2017-18

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.207/Kol/2022 Assessment Year: 2017-18 M/S Steel Authority Of India Co-Operative Credit Society Limited.......….Appellant Ispat Cooperative House, 12, Charu Chandra Place Ispat Co-Operative House, Charu Market, Kolkata-700 033. [Pan: Aadas9699B] Vs. Pcit-9, Kolkata..……...…..…....................……........……............…...…..Respondent Appearances By: Shri S. K. Tulsiyan, Advocate & Puja Somani, Ca, Appeared On Behalf Of The Appellant. Shri Amol Kamat, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 20, 2022 Date Of Pronouncing The Order : July 28, 2022 Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 29.03.2022 Passed By The Principal Commissioner Of Income Tax, Asansol [Hereinafter Referred To As ‘Pcit’] Exercising His Revision Jurisdiction U/S 263 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’).

Section 115BSection 143(3)Section 263Section 270ASection 271ASection 68Section 69Section 69ASection 69BSection 69C

B” BENCH KOLKATA Before Shri Sanjay Garg, Judicial Member and Shri Girish Agrawal, Accountant Member I.T.A. No.207/Kol/2022 Assessment Year: 2017-18 M/s Steel Authority of India Co-Operative Credit Society Limited.......….Appellant Ispat Cooperative House, 12, Charu Chandra Place Ispat Co-operative House, Charu Market, Kolkata-700 033. [PAN: AADAS9699B] vs. PCIT-9, Kolkata..……...…..…....................……........……............…...…..Respondent Appearances by: Shri

ESTATE OF BINOY KUMAR CHANDRA,KOLKATA vs. ITO, WARD 32(2),, KOLKATA

In the result, appeal of the assessee is allowed

ITA 2810/KOL/2025[2020-2021]Status: DisposedITAT Kolkata15 Apr 2026AY 2020-2021

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm Estate Of Binoy Kumar Chandra Vs. Office Of The Income-Tax Officer P-24, C.I.T. Road Entally, Ward-32(2), Kolkata, 10B, Kolkata-700014, West Bengal Middleton Row, Kolkata-700 71 (Appellant) (Respondent) Pan No. Aabae6679B Assessee By : Shri S.K. Tulsiyan & Ms. Lata Goyal, Ars Revenue By : Shri Aditya Bikram, Dr Date Of Hearing: 04.02.2026 Date Of Pronouncement: 15.04.2026

For Appellant: Shri S.K. Tulsiyan &For Respondent: Shri Aditya Bikram, DR
Section 143(2)Section 148Section 148ASection 270ASection 270A(2)(b)Section 270A(6)

section 270A(2)(b) of the Act. Estate of Binoy Kumar Chandra; A.Y. 2020-21 3. The facts in brief are that Mr. Binoy Kumar Chandra, died on 13.06.2019 and post demise of the said person, estate of the deceased was formed, as “Estate of Binoy Kumar Chandra”. Thereafter, a petition was filed before the Hon’ble Calcutta High

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

ITA 2148/KOL/2017[2011-12]Status: DisposedITAT Kolkata18 Mar 2020AY 2011-12
For Appellant: Mr. R.P. Agarwal, Advocate &For Respondent: Mr. Imokaba Jamir, CIT DR
Section 132Section 143(2)Section 143(3)Section 153ASection 68Section 69C

270A and 271AAB as explained above while considering as to what material would constitute incriminating for the purposes of assessment of total income under section 153A/C. 20. The provisions of section 153A/153C are not the normal assessment provisions like 143(3); rather they are curative provisions to plug the mischief of evasion of taxable income based on evidences

MONIKA MONDAL,KOLKATA vs. PCIT, ASANSOL

In the result, the appeal of the assessee is allowed

ITA 198/KOL/2022[2017-18]Status: DisposedITAT Kolkata13 Jan 2023AY 2017-18

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawali.T.A. No. 198/Kol/2022 Assessment Year: 2017-2018

Section 143(2)Section 143(3)Section 263Section 270A

270A of Income Tax Act 1961, is initiated for under reporting of income in consequence of misreporting of income on the above issue”. 4. On perusal of the assessment order, ld. PCIT took cognizance under section 263 of the Income Tax Act. The copy of the show-cause notice /letter dated 01.02.2022 has been placed on pages

TATA CONSUMER PRODUCTS LIMITED (SUCCESSOR OF TATA COFFEE LTD.),KOLKATA vs. A.C.I.T., CIRCLE - 4(1), KOLKATA

Appeal of the assessee is partly allowed

ITA 2636/KOL/2024[2021-2022]Status: DisposedITAT Kolkata27 Oct 2025AY 2021-2022

Bench: SHRI GEORGE MATHAN, JUDICIAL MEMBER SHRI SANJAY AWASTHI (Accountant Member)

Section 143(3)Section 144Section 144BSection 144C(5)Section 153Section 438Section 43BSection 80MSection 928Section 92B

b) Denial of claim of bonus and EPF u/s 43B of the Act. (c) Short grant of credit for TDS/TCS. (d) Denial of claim u/s 80M of the Act. For this issue, additional grounds of appeal have also been taken. 1.2 The assessee has filed the present appeal with the following grounds: “1.0 On the facts and circumstances