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9 results for “section 68”+ Section 270A(8)clear

Sorted by relevance

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Key Topics

Section 143(3)13Section 56(2)(viib)8Section 2637Section 14A6Section 270A6Section 153A5Addition to Income5Section 271A4Section 44A4Disallowance

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

section 270A was bad in law. The Ld. CIT(A) ought not to have confirmed the invalid penalty order passed by the Ld. AO. 3. For that on the facts and circumstances and legal position of the case, the Ld. CIT(A) ought to have cancelled the Penalty Order passed by the Ld. AO on the basis of invalid

4
Penalty4
Transfer Pricing3

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, ARsFor Respondent: Shri Sudipta Guha, CIT, DR
Section 143(3)Section 56(2)(viib)

8) and sub-section (9) of section 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

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

ANITA BASAK,KOLKATA vs. ACIT, CC 1(1),, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 2174/KOL/2025[2018-19]Status: DisposedITAT Kolkata19 Dec 2025AY 2018-19

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Anita Basak Acit, Central Circle 1(1), C/O. S.N. Ghosh & Associates, Kolkata, Advocates, Aaykar Bhawan Poorva, 2, Garstin Place, 2 Nd Floor, Suite 110 Shanti Pally, 5 Th Floor, Vs. No.203, Off Hare Street, Kolkata, Eastern Metropolitian By Pass, West Bengal-700001, Kolkata-700107, West Bengal (Appellant) (Respondent) Pan No. Ahhpb5785B Assessee By : Shri Somnath Ghosh, Ar Revenue By : Shri Ruchika Sharma, Dr Date Of Hearing: 04.12.2025 Date Of Pronouncement: 19.12.2025

For Appellant: Shri Somnath Ghosh, ARFor Respondent: Shri Ruchika Sharma, DR
Section 1Section 133Section 143(3)Section 144Section 144ASection 145(3)Section 270ASection 271Section 271ASection 44A

270A sub section 1 of the Act on the ground that the assessee has not furnished the records and Anita Basak; A.Y. 2018-19 therefore, the ld. AO was not satisfied with the correctness and completeness of the accounts. Accordingly, the books of accounts were rejected u/s 145(3) of the Act and the income of the assessee

MECLEOD RUSSEL INDIA LTD.,KOLKATA vs. A.C.I.T., CIRCLE - 4(1), KOLKATA, KOLKATA

The appeals of the assessee are partly allowed

ITA 454/KOL/2022[2017-2018]Status: DisposedITAT Kolkata17 Jun 2025AY 2017-2018

Bench: the due date of filing of return u/s 139(1) of the Act.

Section 115JSection 139(1)Section 143(3)Section 14ASection 2(24)(x)Section 36(1)(va)Section 37

68,81,145/- u/s 37 of the Act. 7.2 We have considered the rival submissions and have also gone through the orders of Ld. AO and Ld. DRP in this regard. We find that the Ld. DRP has given the following directions: “The AO is accordingly directed to allow the said expenditure after due verification that the membership

MCLEOD RUSSEL INDIA LIMITED,KOLKATA vs. A.C.I.T., CIRCLE-4(1), KOLKATA, KOLKATA

The appeals of the assessee are partly allowed

ITA 458/KOL/2022[2018-2019]Status: DisposedITAT Kolkata17 Jun 2025AY 2018-2019

Bench: the due date of filing of return under Section 139(1) of the Act.

Section 115JSection 139(1)Section 143(3)Section 14ASection 2(24)(x)Section 36(1)(va)Section 37

68,81,145/- u/s 37 of the Act. 7.2 We have considered the rival submissions and have also gone through the orders of Ld. AO and Ld. DRP in this regard. We find that the Ld. DRP has given the following directions: “The AO is accordingly directed to allow the said expenditure after due verification that the membership

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

68,668/-, which is erroneous and not as per law. 10.0 The Ld. AO has grossly erred in initiating penalty proceedings u/s 270A of the Act mechanically and without recording any satisfaction for its initiation. That the appellant craves leave to add, amend, modify, rescind, supplement or alter any of the grounds stated hereinabove either before or at the time

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

RISHI F.L. ON SHOP,MURSHIDABAD vs. I.T.O., WARD - 42(2), KOLKATA

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

ITA 1802/KOL/2024[2018-2019]Status: DisposedITAT Kolkata26 Sept 2024AY 2018-2019

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Years: 2018-19 Rishi F.L. On Shop, Income Tax Officer, 41/1, K.N. Road, Ranibagan, Vs Ward – 42(2), Murshidabad - 742101 Murshidabad-742101 (Pan: Aahfr9315E) (Appellant) (Respondent)

For Appellant: Anil Kochar, AdvFor Respondent: Supriya Pal, Addl. CIT (DR)
Section 142(1)Section 143(3)Section 144BSection 250Section 270A

section 144B of the Act. 2. The grounds of appeal raised by the assessee are reproduced as under: “1. For that the orders passed by the lower authorities are arbitrary, erroneous, without proper reasons, invalid and bad-in-law, to the extent to which they are prejudicial to the interests of the appellant. 2. For that