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711 results for “section 68”+ Section 43(1)clear

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Delhi4,344 Mumbai3,069 Bangalore1,175 Chennai802 Ahmedabad795 Kolkata711 Karnataka665 Jaipur635 Hyderabad591 Chandigarh373 Indore353 Pune315 Surat292 Cochin252 Raipur198 Rajkot143 Visakhapatnam138 Agra110 Cuttack106 Lucknow103 Nagpur101 Telangana97 Guwahati82 Amritsar66 Calcutta65 Jabalpur64 Ranchi62 Allahabad60 SC58 Patna45 Jodhpur38 Dehradun26 Varanasi19 Rajasthan11 Orissa9 Kerala7 Panaji4 Uttarakhand3 Andhra Pradesh2 ASHOK BHAN DALVEER BHANDARI1 Punjab & Haryana1

Key Topics

Section 143(3)94 Section 6876 Section 14A73 Addition to Income69 Section 14758 Section 14838 Disallowance37 Section 25030 Section 115J29 Section 263

PAHALAMPUR SAMABAY KRISHI UNNAYAN SAMITY LTD., ,HOOGHLY vs. ITO, WARD 23(1), , HOOGHLY

In the result, the appeal of the assessee is allowed

ITA 887/KOL/2025[2019-2020]Status: DisposedITAT Kolkata02 Sept 2025AY 2019-2020

Bench: Shri George Mathan & Shri Rajesh Kumarassessment Year: 2019-20 Pahalampur Samabay Krishi Ito, Ward-23(1), Hooghly Unnayan Ltd.

For Appellant: Shri Somnath Ghosh, AdvocateFor Respondent: Shri S. B. Chakraborthy, Sr. DR

Section 139(1)Section 139(4)Section 142(1)Section 143(1)Section 143(1)(a)Section 148Section 153ASection 80Section 80P

Showing 1–20 of 711 · Page 1 of 36

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23

Unexplained Cash Credit23

68 taxmann.com 298 (Kerala), the Kerala High Court held that a return filed by assessee beyond period stipulated under section 139(1) or 139(4) or under section 142(1) or section 148 can also be accepted and acted upon for entertaining claim raised under section 80P provided further proceedings in relation to such assessments

SINGHANIA & SONS (P) LTD,KOLKATA vs. ACIT, CIR. 10(2), KOLKATA

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

ITA 412/KOL/2021[2017-18]Status: DisposedITAT Kolkata06 Dec 2021AY 2017-18

Bench: Shri P.M. Jagtap, Hon’Ble Vice-, Kz) Assessment Year: 2017-18 Singhania & Sons Pvt. Ltd…………...............................................................………………….............Appellant 3D, Duckback House 41, Shakespeare Sarani Kolkata – 700 017 [Pan : Aadcs 6078 A] Vs. Commissioner Of Income Tax (Appeals)- Nfac...............................................………..…......Respondent Appearances By: Shri Manoj Katarua, Advocate, Appeared On Behalf Of The Assessee. Shri Biswanath Das, Addl. Cit, D/R, Appearing On Behalf Of The Revenue.

Section 14ASection 250

43(5) with effect from 1 April 2006 in relation to the business with effect from 1 April 2006 in relation to the business of trading in derivatives, of trading in derivatives, Parliament brought about a specific amendment in the Explanation to Section 73, insofar Parliament brought about a specific amendment in the Explanation to Section 73, insofar

M/S GREEN STAR CORPORATION,KOLKATA vs. ACIT, CIRCLE - 45, KOLKATA, KOLKATA

In the result, the appeal of assessee is allowed in part

ITA 2463/KOL/2017[2011-12]Status: DisposedITAT Kolkata09 Apr 2021AY 2011-12

Bench: Hon’Ble Shri J. Sudhakar Reddy, Am & Hon’Ble Shri A. T. Varkey, Jm Assessment Year: 2011-12

Section 143(3)Section 250Section 41(1)

43 Taxmann.com 55 (Guj.). Section 41(1) of the Income-tax Act, 1961 - Remission or cessation of trading liability (Cessation of liability) - Assessment year 2007-08 - In return of income for assessment year 2007-08, assessee had shown a certain amount by way of his debts - He supplied details of 27 different creditors -Assessing Officer undertook exercise to verify

M/S PREMIER IRRIGATION ADRITEC (P) LTD.,KOLKATA vs. ACIT, CIR-11(1), KOLKATA , KOLKATA

In the result, the appeal of the assessee is dismissed

ITA 387/KOL/2021[2014-15]Status: DisposedITAT Kolkata20 Jan 2023AY 2014-15

Bench: Shri Sanjay Garg & Shri Girish Agrawal

Section 2(24)Section 250Section 3Section 36(1)Section 36(1)(va)Section 43B

1 a division Bench of thiscourt held that expression "tax" for the purposes of section 179 would includea penalty. The judgement of the Division Bench cannot now be reflective of thecorrect position in law in view of the judgment of the Supreme Court in HarshadShantilal Mehta case in so far as the aforesaid issue is concerned

M/S ABHIJEET ENTERPRISE LTD.,KOLKATA vs. ITO, WARD 2(2), KOLKATA, KOLKATA

In the result the appeal of the assessee is allowed for statistical purpose

ITA 308/KOL/2017[2013-14]Status: DisposedITAT Kolkata27 Mar 2019AY 2013-14

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

43) dated 10.05.2014 filed before the CIT(A). The ld. CIT(A) has, however, not addressed this grievant at all and merely upheld the addition made under section 68 of the Act On behalf of the assessee, a comparative chart of net profit rate of the assessee for the assessment years 2005-06 to 2011-2012 has been filed

M/S VENKATESWAR MEDICARE PVT. LTD.,ITO, WARD-2(1) vs. ITO, WARD-2(1), KOLKATA

In the result, both the appeals of the assessee are allowed

ITA 1417/KOL/2023[2016-17]Status: DisposedITAT Kolkata29 Jul 2024AY 2016-17

Bench: Shri Rajesh Kumar, Am& Shri Sonjoy Sarma, Jm]

Section 119Section 143(2)Section 144BSection 147Section 148Section 148ASection 68

68 of the Act. The Ld. AR submitted that thus the assessment so was framed was invalid and non est for the want of jurisdiction. In defense of his arguments, the Ld. AR relied on the following decisions : (i) PCIT Vs. M/s. Shree Shoppers Ltd. in ITAT 39/2023 in IA No.GA/1/2023 dt. 15.03.2023; (ii) M/s. Shree Shoppers

M/S VENKATESWAR MEDICARE PVT. LTD.,KOLKATA vs. ITO, WARD 2(1), KOLKATA

In the result, both the appeals of the assessee are allowed

ITA 1416/KOL/2023[2014-15]Status: DisposedITAT Kolkata29 Jul 2024AY 2014-15

Bench: Shri Rajesh Kumar, Am& Shri Sonjoy Sarma, Jm]

Section 119Section 143(2)Section 144BSection 147Section 148Section 148ASection 68

68 of the Act. The Ld. AR submitted that thus the assessment so was framed was invalid and non est for the want of jurisdiction. In defense of his arguments, the Ld. AR relied on the following decisions : (i) PCIT Vs. M/s. Shree Shoppers Ltd. in ITAT 39/2023 in IA No.GA/1/2023 dt. 15.03.2023; (ii) M/s. Shree Shoppers

M/S BALAJI EXPORT CORPORATION,KOLKATA vs. DCIT, CIR. 29, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 530/KOL/2021[2019-20]Status: DisposedITAT Kolkata10 Dec 2021AY 2019-20

Bench: Shri P.M. Jagtap(Kz) &Shri A. T. Varkey] Assessment Year: 2019-20

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

43(5) with effect from 1 April 2006 in relation to the business of trading in derivatives, Parliament brought about a specific amendment in the Explanation to Section 73, insofar as trading in shares is concerned, with effect from 1 April 2015. The latter amendment was intended to take effect from the date stipulated by Parliament

DESANA POLY PLASTIC INDUSTRIES,KOLKATA vs. ACIT, CIR. 34, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 452/KOL/2021[2017-18]Status: DisposedITAT Kolkata28 Feb 2022AY 2017-18

Bench: Shri A. T. Varkey, Jm & Shri Manish Borad, Am ]

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

43(5) with effect from 1 April 2006 in relation to the business of trading in derivatives, Parliament brought about a specific amendment in the Explanation to Section 73, insofar as trading in shares is concerned, with effect from 1 April 2015. The latter amendment was intended to take effect from the date stipulated by Parliament

ORANGE SECURITAS PVT. LTD.,KOLKATA vs. A.O. CIR. 6(2), KOLKATA

In the result, appeal of the assessee is allowed

ITA 490/KOL/2021[2017-18]Status: HeardITAT Kolkata16 Feb 2022AY 2017-18

Bench: Shri A. T. Varkey & Shri Rajesh Kumar] I.T.A. No. 490/Kol/2021 Assessment Years: 2017-18 Orange Securities Pvt. Ltd. Vs. A.O., Circle-6(2), Kolkata (Pan: Aaaco 8239 L) Appellant Respondent

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

43(5) with effect from 1 April 2006 in relation to the business of trading in derivatives, Parliament brought about a specific amendment in the Explanation to Section 73, insofar as trading in shares is concerned, with effect from 1 April 2015. The latter amendment was intended to take effect from the date stipulated by Parliament

MICROVIEWS INFOSYSTEMS PVT. LTD,KOLKATA vs. DCIT, C.P.C., BANGALURU

In the result, the appeal of the assessee is allowed

ITA 295/KOL/2021[2018-18]Status: DisposedITAT Kolkata23 Feb 2022AY 2018-18

Bench: Shri A. T. Varkey & Shri Rajesh Kumar]

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

43(5) with effect from 1 April 2006 in relation to the business of trading in derivatives, Parliament brought about a specific amendment in the Explanation to Section 73, insofar as trading in shares is concerned, with effect from 1 April 2015. The latter amendment was intended to take effect from the date stipulated by Parliament

FLOWLINE SERVICES PVT LTD,KOLKATA vs. ITO, WARD-12(2), KOLKATA

In the result, the appeal of the assessee is allowed

ITA 267/KOL/2021[2016-17]Status: HeardITAT Kolkata23 Feb 2022AY 2016-17

Bench: Shri A. T. Varkey & Shri Rajesh Kumar, Am]

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

43(5) with effect from 1 April 2006 in relation to the business of trading in derivatives, Parliament brought about a specific amendment in the Explanation to Section 73, insofar as trading in shares is concerned, with effect from 1 April 2015. The latter amendment was intended to take effect from the date stipulated by Parliament

HINDUSTAN FIBRE GLASS WORKS,KOLKATA vs. DCIT, CPC, BENGALURU

In the result, appeal of the assessee is allowed

ITA 608/KOL/2021[2018-19]Status: DisposedITAT Kolkata18 Feb 2022AY 2018-19

Bench: Shri A. T. Varkey & Shri Rajesh Kumar] I.T.A. No. 608/Kol/2021 Assessment Years: 2018-19 Hindustan Fibre Glass Works Vs. Dcit, Cpc, Bengaluru (Pan: Aabfh6597G) Appellant Respondent

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

43(5) with effect from 1 April 2006 in relation to the business of trading in derivatives, Parliament brought about a specific amendment in the Explanation to Section 73, insofar as trading in shares is concerned, with effect from 1 April 2015. The latter amendment was intended to take effect from the date stipulated by Parliament

RAGHVENDRA PRATAP SINGH,KOLKATA vs. DCIT,CPC, BANGAORE

In the result, appeal of the assessee is allowed

ITA 556/KOL/2021[2019-20]Status: HeardITAT Kolkata18 Feb 2022AY 2019-20

Bench: Shri A. T. Varkey & Shri Rajesh Kumar] I.T.A. No. 556/Kol/2021 Assessment Years: 2019-20 Raghvendra Pratap Singh Vs. Dcit (Cpc) Bangalore (Pan: Amaps3456L) Appellant Respondent

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

43(5) with effect from 1 April 2006 in relation to the business of trading in derivatives, Parliament brought about a specific amendment in the Explanation to Section 73, insofar as trading in shares is concerned, with effect from 1 April 2015. The latter amendment was intended to take effect from the date stipulated by Parliament

KALPAJEET BASU MALLIK,KOLKATA vs. CPC, BANGALORE

In the result, appeal of the assessee is allowed

ITA 582/KOL/2021[2019-20]Status: HeardITAT Kolkata16 Feb 2022AY 2019-20

Bench: Shri A. T. Varkey & Shri Rajesh Kumar] I.T.A. No. 582/Kol/2021 Assessment Years: 2019-20

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

43(5) with effect from 1 April 2006 in relation to the business of trading in derivatives, Parliament brought about a specific amendment in the Explanation to Section 73, insofar as trading in shares is concerned, with effect from 1 April 2015. The latter amendment was intended to take effect from the date stipulated by Parliament

PREMIER IRRIGATION ADRITEE PVT. LTD.,KOLKATA vs. ACIT, CIR. 11(1), KOLKATA

In the result, appeal of the assessee is allowed

ITA 481/KOL/2021[2019-20]Status: HeardITAT Kolkata16 Feb 2022AY 2019-20

Bench: Shri A. T. Varkey & Shri Rajesh Kumar] I.T.A. No. 481/Kol/2021 Assessment Years: 2019-20 Premier Irrigation Adritec Pvt. Ltd. Vs. Acit, Circle-11(1), Kolkata (Pan: Aafcm 4800 Q) Appellant Respondent

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

43(5) with effect from 1 April 2006 in relation to the business of trading in derivatives, Parliament brought about a specific amendment in the Explanation to Section 73, insofar as trading in shares is concerned, with effect from 1 April 2015. The latter amendment was intended to take effect from the date stipulated by Parliament

HIND ELECTRIC & TRADING CO.,KOLKATA vs. CPC/ITO, WD-40(3), KOLKATA

In the result, appeal of the assessee is allowed

ITA 464/KOL/2021[2019-20]Status: DisposedITAT Kolkata16 Feb 2022AY 2019-20

Bench: Shri A. T. Varkey] I.T.A. No. 464/Kol/2021 Assessment Year: 2019-20

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

43(5) with effect from 1 April 2006 in relation to the business of trading in derivatives, Parliament brought about a specific amendment in the Explanation to Section 73, insofar as trading in shares is concerned, with effect from 1 April 2015. The latter amendment was intended to take effect from the date stipulated by Parliament

ARUN KUMAR BISWAS,BISHNUPUR vs. ITO, WARD-26(1), KOLKATA

In the result, both the appeals of the assessee are allowed

ITA 408/KOL/2021[2018-19]Status: DisposedITAT Kolkata16 Feb 2022AY 2018-19

Bench: Shri A. T. Varkey] I.T.A. Nos. 370 & 408/Kol/2021 Assessment Years: 2018-19

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

43(5) with effect from 1 April 2006 in relation to the business of trading in derivatives, Parliament brought about a specific amendment in the Explanation to Section 73, insofar as trading in shares is concerned, with effect from 1 April 2015. The latter amendment was intended to take effect from the date stipulated by Parliament

M/S JAYANTA FOOD PRODUCTS,KOLKATA vs. DCIT, CPC, BANGALORE

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 383/KOL/2021[2018-19]Status: DisposedITAT Kolkata16 Feb 2022AY 2018-19

Bench: Shri A. T. Varkey] I.T.A. Nos. 383 & 384/Kol/2021 Assessment Years: 2018-19 & 2019-20

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

43(5) with effect from 1 April 2006 in relation to the business of trading in derivatives, Parliament brought about a specific amendment in the Explanation to Section 73, insofar as trading in shares is concerned, with effect from 1 April 2015. The latter amendment was intended to take effect from the date stipulated by Parliament

ARUN KUMAR BISWAS,BISHNUPUR vs. ITO, WARD-26(1), KOLKATA

In the result, both the appeals of the assessee are allowed

ITA 370/KOL/2021[2018-19]Status: HeardITAT Kolkata16 Feb 2022AY 2018-19

Bench: Shri A. T. Varkey] I.T.A. Nos. 370 & 408/Kol/2021 Assessment Years: 2018-19

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

43(5) with effect from 1 April 2006 in relation to the business of trading in derivatives, Parliament brought about a specific amendment in the Explanation to Section 73, insofar as trading in shares is concerned, with effect from 1 April 2015. The latter amendment was intended to take effect from the date stipulated by Parliament