Section 133A of the Income Tax Act

Income-tax Act, 2025: s.253

Section 133A of the Income-tax Act, 1961 corresponds to section 253 (Powers of survey) of the Income-tax Act, 2025.

Read section 253 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 133A is ACIT v. Rajesh Jhaveri Stock Brokers Pvt. Ltd. (291 ITR 500), cited in 1,030 of the 5,893 judgments on BharatTax that turn on this section.

Leading authorities on Section 133A

ACIT v. Rajesh Jhaveri Stock Brokers Pvt. Ltd.
291 ITR 500 · 2007 · Supreme Court
1,030
citing judgments

For initiating reassessment proceedings under Section 147, the Assessing Officer needs only prima facie material providing a reason to believe that income has escaped assessment. Conclusive proof or the sufficiency/correctness of the material is not required at the stage of issuing the notice under Section 148.

McDowell & Co. Ltd. v. CTO
154 ITR 148 · 1985 · Supreme Court
741
citing judgments

The Supreme Court held that while legitimate tax planning is permissible, transactions structured as a "colourable device" or "subterfuge" solely to avoid tax are impermissible. It mandates a judicial shift to look beyond the form to the substance of a transaction, allowing the lifting of the corporate veil in tax evasion arrangements.

CIT v. S. Khader Khan Son
352 ITR 480 · 2013 · Supreme Court
581
citing judgments

Statements recorded during a survey under Section 133A do not have evidentiary value as Section 133A does not empower examination on oath. Consequently, additions to income cannot be made solely based on such uncorroborated statements without other credible evidence.

CIT v. Walfort Share & Stock Brokers (P.) Ltd.
326 ITR 1 · 2010 · Supreme Court
543
citing judgments

For attracting Section 14A disallowance, there must be a proximate cause relating the expenditure to actual tax-exempt income, and such disallowance is not automatic but requires positive material. Additionally, Section 94(7) on dividend stripping only ignores losses to the extent of dividend received for assessment years post-April 1, 2002, allowing the remaining loss.

CIT v. President Industries
258 ITR 654 · 2002 · High Court
471
citing judgments

When books of account are rejected and unaccounted sales or receipts are discovered, the income addition is restricted to the net profit element embedded in these undisclosed transactions, not the entire sale proceeds or receipts, especially if corresponding purchases are not proven to be outside the books.

Sanjay Oilcake Industries v. CIT
316 ITR 274 · 2009 · High Court
460
citing judgments

In cases of alleged bogus or unverifiable purchases, rather than disallowing the entire purchase value, a reasonable profit element or a proportionate percentage of the purchases should be added back to the assessee's income.

CIT v. S. Khader Khan Son
300 ITR 157 · 2008 · High Court
452
citing judgments

A statement recorded under duress during a survey, if subsequently retracted, has no evidentiary value and cannot be the sole basis for an income-tax assessment; the assessment should instead rely on audited accounts.

Vijay Proteins Ltd. v. Asst. CIT
58 ITD 428 · 1996 · ITAT
430
citing judgments

Where purchases are found to be non-genuine or fictitious, a reasonable disallowance of 25% of such purchases or the peak credit, whichever is higher, can be made. This is applied to address unexplained expenditure under Section 69C when actual goods are likely procured from the grey market.

CIT v. Orient Craft Ltd.
354 ITR 536 · 2013 · High Court
366
citing judgments

Reassessment of income, especially after a summary assessment under Section 143(1), requires the Assessing Officer to possess fresh, tangible material to form a reason to believe that income has escaped assessment; a mere reappraisal of existing records or a change of opinion without new material is not permissible.

Paul Mathews & Sons. v. CIT
263 ITR 101 · 2003 · High Court
266
citing judgments

A statement recorded under Section 133A of the Income-tax Act has no evidentiary value because Section 133A does not empower an Income-tax Officer to examine any person on oath.

Judgments on Section 133A

Dinanath Ornament Stores, Kolkata vs. ITO, Ward - 1, Haldia (Now ITO, Ward - 27(1), Haldia)

In the result this ground of the assessee is allowed in part

ITA 1307/KOL/2017[2009-10]Status: DisposedITAT Kolkata23 Apr 2019AY 2009-10

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara] I.T.A. No. 1304/Kol/2017 Assessment Year: 2005-06 I.T.A. No. 1305/Kol/2017 Assessment Year: 2006-07 I.T.A. No. 1306/Kol/2017 Assessment Year: 2007-08 I.T.A. No. 1307/Kol/2017 Assessment Year: 2009-10 Dinanath Ornament Stores….………………………………....…………………………………………Appellant C/O., D.J. Shah & Co Kalyan Bhawan 2, Elgin Road Kolkata – 700 020 [Pan : Aabfd 9969 G] Income Tax Officer, Ward-1, Haldia......................................................….………..…......Respondent (Now) Income Tax Officer, Ward-27(1), Haldia Appearances By: Shri Miraj D. Shah, A/R, Appeared On Behalf Of The Assessee. Shri Sankar Halder, Jcit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : March 20Th, 2019 Date Of Pronouncing The Order : April 23Rd, 2019 O R D E R Per J. Sudhakar Reddy, Am :- All These Appeals Filed By The Assessee Are Directed Against The Separate But Identical Orders Of The Learned Commissioner Of Income Tax (Appeals) - 7, Kolkata, (Ld. Cit(A)) Passed U/S. 250 Of The Income Tax Act, 1961, (The ‘Act’), Dt. 21/03/2017 For The Assessment Years 2005-06, 2006-07, 2007-08 & 2009-10. 2. As The Issues Arising In All These Appeals Are Common, For The Sake Of Convenience, They Are Heard Together & Disposed Off By Way Of This Common Order. 3. The Assessee Is A Partnership Firm & Filed Its Return Of Income On 31/03/2006 Declaring Total Income Of Rs.72,973/- For The Assessment Year 2005- 06, Rs. 87,925/- For The Assessment Year 2006-07 On 31/03/2007, Rs.1,04,340/-

Section 133ASection 143(3)Section 250Section 40Section 40A(3)

Dinanath Ornament Stores, Kolkata vs. ITO, Ward - 1, Haldia (Now ITO, Ward - 27(1), Haldia)

In the result this ground of the assessee is allowed in part

ITA 1306/KOL/2017[2007-08]Status: DisposedITAT Kolkata23 Apr 2019AY 2007-08

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara] I.T.A. No. 1304/Kol/2017 Assessment Year: 2005-06 I.T.A. No. 1305/Kol/2017 Assessment Year: 2006-07 I.T.A. No. 1306/Kol/2017 Assessment Year: 2007-08 I.T.A. No. 1307/Kol/2017 Assessment Year: 2009-10 Dinanath Ornament Stores….………………………………....…………………………………………Appellant C/O., D.J. Shah & Co Kalyan Bhawan 2, Elgin Road Kolkata – 700 020 [Pan : Aabfd 9969 G] Income Tax Officer, Ward-1, Haldia......................................................….………..…......Respondent (Now) Income Tax Officer, Ward-27(1), Haldia Appearances By: Shri Miraj D. Shah, A/R, Appeared On Behalf Of The Assessee. Shri Sankar Halder, Jcit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : March 20Th, 2019 Date Of Pronouncing The Order : April 23Rd, 2019 O R D E R Per J. Sudhakar Reddy, Am :- All These Appeals Filed By The Assessee Are Directed Against The Separate But Identical Orders Of The Learned Commissioner Of Income Tax (Appeals) - 7, Kolkata, (Ld. Cit(A)) Passed U/S. 250 Of The Income Tax Act, 1961, (The ‘Act’), Dt. 21/03/2017 For The Assessment Years 2005-06, 2006-07, 2007-08 & 2009-10. 2. As The Issues Arising In All These Appeals Are Common, For The Sake Of Convenience, They Are Heard Together & Disposed Off By Way Of This Common Order. 3. The Assessee Is A Partnership Firm & Filed Its Return Of Income On 31/03/2006 Declaring Total Income Of Rs.72,973/- For The Assessment Year 2005- 06, Rs. 87,925/- For The Assessment Year 2006-07 On 31/03/2007, Rs.1,04,340/-

Section 133ASection 143(3)Section 250Section 40Section 40A(3)

Dinanath Ornament Stores, Kolkata vs. ITO, Ward - 1, Haldia (Now ITO, Ward - 27(1), Haldia)

In the result this ground of the assessee is allowed in part

ITA 1305/KOL/2017[2006-07]Status: DisposedITAT Kolkata23 Apr 2019AY 2006-07

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara] I.T.A. No. 1304/Kol/2017 Assessment Year: 2005-06 I.T.A. No. 1305/Kol/2017 Assessment Year: 2006-07 I.T.A. No. 1306/Kol/2017 Assessment Year: 2007-08 I.T.A. No. 1307/Kol/2017 Assessment Year: 2009-10 Dinanath Ornament Stores….………………………………....…………………………………………Appellant C/O., D.J. Shah & Co Kalyan Bhawan 2, Elgin Road Kolkata – 700 020 [Pan : Aabfd 9969 G] Income Tax Officer, Ward-1, Haldia......................................................….………..…......Respondent (Now) Income Tax Officer, Ward-27(1), Haldia Appearances By: Shri Miraj D. Shah, A/R, Appeared On Behalf Of The Assessee. Shri Sankar Halder, Jcit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : March 20Th, 2019 Date Of Pronouncing The Order : April 23Rd, 2019 O R D E R Per J. Sudhakar Reddy, Am :- All These Appeals Filed By The Assessee Are Directed Against The Separate But Identical Orders Of The Learned Commissioner Of Income Tax (Appeals) - 7, Kolkata, (Ld. Cit(A)) Passed U/S. 250 Of The Income Tax Act, 1961, (The ‘Act’), Dt. 21/03/2017 For The Assessment Years 2005-06, 2006-07, 2007-08 & 2009-10. 2. As The Issues Arising In All These Appeals Are Common, For The Sake Of Convenience, They Are Heard Together & Disposed Off By Way Of This Common Order. 3. The Assessee Is A Partnership Firm & Filed Its Return Of Income On 31/03/2006 Declaring Total Income Of Rs.72,973/- For The Assessment Year 2005- 06, Rs. 87,925/- For The Assessment Year 2006-07 On 31/03/2007, Rs.1,04,340/-

Section 133ASection 143(3)Section 250Section 40Section 40A(3)

Dinanath Ornament Stores, Kolkata vs. ITO, Ward - 1, Haldia (Now ITO, Ward - 27(1), Haldia)

In the result this ground of the assessee is allowed in part

ITA 1304/KOL/2017[2005-06]Status: DisposedITAT Kolkata23 Apr 2019AY 2005-06

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara] I.T.A. No. 1304/Kol/2017 Assessment Year: 2005-06 I.T.A. No. 1305/Kol/2017 Assessment Year: 2006-07 I.T.A. No. 1306/Kol/2017 Assessment Year: 2007-08 I.T.A. No. 1307/Kol/2017 Assessment Year: 2009-10 Dinanath Ornament Stores….………………………………....…………………………………………Appellant C/O., D.J. Shah & Co Kalyan Bhawan 2, Elgin Road Kolkata – 700 020 [Pan : Aabfd 9969 G] Income Tax Officer, Ward-1, Haldia......................................................….………..…......Respondent (Now) Income Tax Officer, Ward-27(1), Haldia Appearances By: Shri Miraj D. Shah, A/R, Appeared On Behalf Of The Assessee. Shri Sankar Halder, Jcit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : March 20Th, 2019 Date Of Pronouncing The Order : April 23Rd, 2019 O R D E R Per J. Sudhakar Reddy, Am :- All These Appeals Filed By The Assessee Are Directed Against The Separate But Identical Orders Of The Learned Commissioner Of Income Tax (Appeals) - 7, Kolkata, (Ld. Cit(A)) Passed U/S. 250 Of The Income Tax Act, 1961, (The ‘Act’), Dt. 21/03/2017 For The Assessment Years 2005-06, 2006-07, 2007-08 & 2009-10. 2. As The Issues Arising In All These Appeals Are Common, For The Sake Of Convenience, They Are Heard Together & Disposed Off By Way Of This Common Order. 3. The Assessee Is A Partnership Firm & Filed Its Return Of Income On 31/03/2006 Declaring Total Income Of Rs.72,973/- For The Assessment Year 2005- 06, Rs. 87,925/- For The Assessment Year 2006-07 On 31/03/2007, Rs.1,04,340/-

Section 133ASection 143(3)Section 250Section 40Section 40A(3)

New Barh Jewellers, Purba Medinipur vs. ITO, Ward - 1 [Now ITO, Ward - 27(1)], Haldia

In the result this ground of the assessee is allowed in part

ITA 1303/KOL/2017[2009-10]Status: DisposedITAT Kolkata23 Apr 2019AY 2009-10

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara] I.T.A. No. 1302/Kol/2017 Assessment Year: 2007-08 I.T.A. No. 1303/Kol/2017 Assessment Year: 2009-10 New Barh Jewellers.............……………………………………....…………………………………………Appellant C/O., D.J. Shah & Co Kalyan Bhawan 2, Elgin Road Kolkata – 700 020 [Pan : Aacfm 2915 P] Income Tax Officer, Ward-1, Haldia......................................................….………..…......Respondent (Now) Income Tax Officer, Ward-27(1), Haldia Appearances By: Shri Miraj D. Shah, A/R, Appeared On Behalf Of The Assessee. Shri C.J. Singh, Jcit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : March 20Th, 2019 Date Of Pronouncing The Order : April 23Rd, 2019 O R D E R Per J. Sudhakar Reddy, Am :- Both These Appeals Filed By The Assessee Are Directed Against The Separate But Identical Orders Of The Learned Commissioner Of Income Tax (Appeals) - 7, Kolkata, (Ld. Cit(A)) Passed U/S. 250 Of The Income Tax Act, 1961, (The ‘Act’), Dt. 21/03/2017 For Assessment Years 2007-08 & 2009-10. 2. As The Issues Arising In Both These Appeals Are Common, For The Sake Of Convenience, They Are Heard Together & Disposed Off By Way Of This Common Order. 3. The Assessee Is A Partnership Firm & Filed Its Return Of Income On 31/03/2008 Declaring Total Income Of Rs.1,09,361/- For The Assessment Year 2007-08 & On 14/10/2010 Declaring Total Income Of Rs.87,089/-. Later A Survey Operation U/S 133A Of The Act Was Conducted On The Business Premises Of The Assessee Company 23/04/2008 & The Case Was Selected For Scrutiny. The 2

Section 133ASection 143(3)Section 250Section 40Section 40A(3)

New Barh Jewellers, Purba Medinipur vs. ITO, Ward - 1 [Now ITO, Ward - 27(1)], Haldia

In the result this ground of the assessee is allowed in part

ITA 1302/KOL/2017[2007-08]Status: DisposedITAT Kolkata23 Apr 2019AY 2007-08

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara] I.T.A. No. 1302/Kol/2017 Assessment Year: 2007-08 I.T.A. No. 1303/Kol/2017 Assessment Year: 2009-10 New Barh Jewellers.............……………………………………....…………………………………………Appellant C/O., D.J. Shah & Co Kalyan Bhawan 2, Elgin Road Kolkata – 700 020 [Pan : Aacfm 2915 P] Income Tax Officer, Ward-1, Haldia......................................................….………..…......Respondent (Now) Income Tax Officer, Ward-27(1), Haldia Appearances By: Shri Miraj D. Shah, A/R, Appeared On Behalf Of The Assessee. Shri C.J. Singh, Jcit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : March 20Th, 2019 Date Of Pronouncing The Order : April 23Rd, 2019 O R D E R Per J. Sudhakar Reddy, Am :- Both These Appeals Filed By The Assessee Are Directed Against The Separate But Identical Orders Of The Learned Commissioner Of Income Tax (Appeals) - 7, Kolkata, (Ld. Cit(A)) Passed U/S. 250 Of The Income Tax Act, 1961, (The ‘Act’), Dt. 21/03/2017 For Assessment Years 2007-08 & 2009-10. 2. As The Issues Arising In Both These Appeals Are Common, For The Sake Of Convenience, They Are Heard Together & Disposed Off By Way Of This Common Order. 3. The Assessee Is A Partnership Firm & Filed Its Return Of Income On 31/03/2008 Declaring Total Income Of Rs.1,09,361/- For The Assessment Year 2007-08 & On 14/10/2010 Declaring Total Income Of Rs.87,089/-. Later A Survey Operation U/S 133A Of The Act Was Conducted On The Business Premises Of The Assessee Company 23/04/2008 & The Case Was Selected For Scrutiny. The 2

Section 133ASection 143(3)Section 250Section 40Section 40A(3)

Asish Kumar Barh, Kolkata vs. ITO, Ward - 1, Haldia (Now ITO, Ward - 27(1), Haldia)

In the result this ground of the assessee is allowed in part

ITA 1301/KOL/2017[2009-10]Status: DisposedITAT Kolkata23 Apr 2019AY 2009-10

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara] I.T.A. No. 1297/Kol/2017 Assessment Year: 2005-06 I.T.A. No. 1298/Kol/2017 Assessment Year: 2006-07 I.T.A. No. 1299/Kol/2017 Assessment Year: 2007-08 I.T.A. No. 1300/Kol/2017 Assessment Year: 2008-09 I.T.A. No. 1301/Kol/2017 Assessment Year: 2009-10 Ashish Kumar Barh…………….………………………………....…………………………………………Appellant C/O., D.J. Shah & Co Kalyan Bhawan 2, Elgin Road Kolkata – 700 020 [Pan : Adcpb 6079 K] Income Tax Officer, Ward-1, Haldia......................................................….………..…......Respondent (Now) Income Tax Officer, Ward-27(1), Haldia Appearances By: Shri Miraj D. Shah, A/R, Appeared On Behalf Of The Assessee. Shri Sankar Halder, Jcit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : March 20Th, 2019 Date Of Pronouncing The Order : April 23Rd, 2019 O R D E R Per J. Sudhakar Reddy, Am :- All These Appeals Filed By The Assessee Are Directed Against The Separate But Identical Orders Of The Learned Commissioner Of Income Tax (Appeals) - 7, Kolkata, (Ld. Cit(A)) Passed U/S. 250 Of The Income Tax Act, 1961, (The ‘Act’), Dt. 21/03/2017 For The Assessment Years 2005-06, 2006-07, 2007-08, 2008-09 & 2009-10. 2. As The Issues Arising In All These Appeals Are Common, For The Sake Of Convenience, They Are Heard Together & Disposed Off By Way Of This Common Order. 3. The Assessee Is A Partnership Firm & Filed Its Return Of Income On 31/03/2006 Declaring Total Income Of Rs.2,55,324/- For The Assessment Year

Section 133ASection 143(3)Section 250

Asish Kumar Barh, Kolkata vs. ITO, Ward - 1, Haldia (Now ITO, Ward - 27(1), Haldia)

In the result this ground of the assessee is allowed in part

ITA 1300/KOL/2017[2008-09]Status: DisposedITAT Kolkata23 Apr 2019AY 2008-09

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara] I.T.A. No. 1297/Kol/2017 Assessment Year: 2005-06 I.T.A. No. 1298/Kol/2017 Assessment Year: 2006-07 I.T.A. No. 1299/Kol/2017 Assessment Year: 2007-08 I.T.A. No. 1300/Kol/2017 Assessment Year: 2008-09 I.T.A. No. 1301/Kol/2017 Assessment Year: 2009-10 Ashish Kumar Barh…………….………………………………....…………………………………………Appellant C/O., D.J. Shah & Co Kalyan Bhawan 2, Elgin Road Kolkata – 700 020 [Pan : Adcpb 6079 K] Income Tax Officer, Ward-1, Haldia......................................................….………..…......Respondent (Now) Income Tax Officer, Ward-27(1), Haldia Appearances By: Shri Miraj D. Shah, A/R, Appeared On Behalf Of The Assessee. Shri Sankar Halder, Jcit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : March 20Th, 2019 Date Of Pronouncing The Order : April 23Rd, 2019 O R D E R Per J. Sudhakar Reddy, Am :- All These Appeals Filed By The Assessee Are Directed Against The Separate But Identical Orders Of The Learned Commissioner Of Income Tax (Appeals) - 7, Kolkata, (Ld. Cit(A)) Passed U/S. 250 Of The Income Tax Act, 1961, (The ‘Act’), Dt. 21/03/2017 For The Assessment Years 2005-06, 2006-07, 2007-08, 2008-09 & 2009-10. 2. As The Issues Arising In All These Appeals Are Common, For The Sake Of Convenience, They Are Heard Together & Disposed Off By Way Of This Common Order. 3. The Assessee Is A Partnership Firm & Filed Its Return Of Income On 31/03/2006 Declaring Total Income Of Rs.2,55,324/- For The Assessment Year

Section 133ASection 143(3)Section 250

Asish Kumar Barh, Kolkata vs. ITO, Ward - 1, Haldia (Now ITO, Ward - 27(1), Haldia)

In the result this ground of the assessee is allowed in part

ITA 1299/KOL/2017[2007-08]Status: DisposedITAT Kolkata23 Apr 2019AY 2007-08

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara] I.T.A. No. 1297/Kol/2017 Assessment Year: 2005-06 I.T.A. No. 1298/Kol/2017 Assessment Year: 2006-07 I.T.A. No. 1299/Kol/2017 Assessment Year: 2007-08 I.T.A. No. 1300/Kol/2017 Assessment Year: 2008-09 I.T.A. No. 1301/Kol/2017 Assessment Year: 2009-10 Ashish Kumar Barh…………….………………………………....…………………………………………Appellant C/O., D.J. Shah & Co Kalyan Bhawan 2, Elgin Road Kolkata – 700 020 [Pan : Adcpb 6079 K] Income Tax Officer, Ward-1, Haldia......................................................….………..…......Respondent (Now) Income Tax Officer, Ward-27(1), Haldia Appearances By: Shri Miraj D. Shah, A/R, Appeared On Behalf Of The Assessee. Shri Sankar Halder, Jcit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : March 20Th, 2019 Date Of Pronouncing The Order : April 23Rd, 2019 O R D E R Per J. Sudhakar Reddy, Am :- All These Appeals Filed By The Assessee Are Directed Against The Separate But Identical Orders Of The Learned Commissioner Of Income Tax (Appeals) - 7, Kolkata, (Ld. Cit(A)) Passed U/S. 250 Of The Income Tax Act, 1961, (The ‘Act’), Dt. 21/03/2017 For The Assessment Years 2005-06, 2006-07, 2007-08, 2008-09 & 2009-10. 2. As The Issues Arising In All These Appeals Are Common, For The Sake Of Convenience, They Are Heard Together & Disposed Off By Way Of This Common Order. 3. The Assessee Is A Partnership Firm & Filed Its Return Of Income On 31/03/2006 Declaring Total Income Of Rs.2,55,324/- For The Assessment Year

Section 133ASection 143(3)Section 250

Asish Kumar Barh, Kolkata vs. ITO, Ward - 1, Haldia (Now ITO, Ward - 27(1), Haldia)

In the result this ground of the assessee is allowed in part

ITA 1298/KOL/2017[2006-07]Status: DisposedITAT Kolkata23 Apr 2019AY 2006-07

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara] I.T.A. No. 1297/Kol/2017 Assessment Year: 2005-06 I.T.A. No. 1298/Kol/2017 Assessment Year: 2006-07 I.T.A. No. 1299/Kol/2017 Assessment Year: 2007-08 I.T.A. No. 1300/Kol/2017 Assessment Year: 2008-09 I.T.A. No. 1301/Kol/2017 Assessment Year: 2009-10 Ashish Kumar Barh…………….………………………………....…………………………………………Appellant C/O., D.J. Shah & Co Kalyan Bhawan 2, Elgin Road Kolkata – 700 020 [Pan : Adcpb 6079 K] Income Tax Officer, Ward-1, Haldia......................................................….………..…......Respondent (Now) Income Tax Officer, Ward-27(1), Haldia Appearances By: Shri Miraj D. Shah, A/R, Appeared On Behalf Of The Assessee. Shri Sankar Halder, Jcit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : March 20Th, 2019 Date Of Pronouncing The Order : April 23Rd, 2019 O R D E R Per J. Sudhakar Reddy, Am :- All These Appeals Filed By The Assessee Are Directed Against The Separate But Identical Orders Of The Learned Commissioner Of Income Tax (Appeals) - 7, Kolkata, (Ld. Cit(A)) Passed U/S. 250 Of The Income Tax Act, 1961, (The ‘Act’), Dt. 21/03/2017 For The Assessment Years 2005-06, 2006-07, 2007-08, 2008-09 & 2009-10. 2. As The Issues Arising In All These Appeals Are Common, For The Sake Of Convenience, They Are Heard Together & Disposed Off By Way Of This Common Order. 3. The Assessee Is A Partnership Firm & Filed Its Return Of Income On 31/03/2006 Declaring Total Income Of Rs.2,55,324/- For The Assessment Year

Section 133ASection 143(3)Section 250

Asish Kumar Barh, Kolkata vs. ITO, Ward - 1, Haldia (Now ITO, Ward - 27(1), Haldia)

In the result this ground of the assessee is allowed in part

ITA 1297/KOL/2017[2005-06]Status: DisposedITAT Kolkata23 Apr 2019AY 2005-06

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara] I.T.A. No. 1297/Kol/2017 Assessment Year: 2005-06 I.T.A. No. 1298/Kol/2017 Assessment Year: 2006-07 I.T.A. No. 1299/Kol/2017 Assessment Year: 2007-08 I.T.A. No. 1300/Kol/2017 Assessment Year: 2008-09 I.T.A. No. 1301/Kol/2017 Assessment Year: 2009-10 Ashish Kumar Barh…………….………………………………....…………………………………………Appellant C/O., D.J. Shah & Co Kalyan Bhawan 2, Elgin Road Kolkata – 700 020 [Pan : Adcpb 6079 K] Income Tax Officer, Ward-1, Haldia......................................................….………..…......Respondent (Now) Income Tax Officer, Ward-27(1), Haldia Appearances By: Shri Miraj D. Shah, A/R, Appeared On Behalf Of The Assessee. Shri Sankar Halder, Jcit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : March 20Th, 2019 Date Of Pronouncing The Order : April 23Rd, 2019 O R D E R Per J. Sudhakar Reddy, Am :- All These Appeals Filed By The Assessee Are Directed Against The Separate But Identical Orders Of The Learned Commissioner Of Income Tax (Appeals) - 7, Kolkata, (Ld. Cit(A)) Passed U/S. 250 Of The Income Tax Act, 1961, (The ‘Act’), Dt. 21/03/2017 For The Assessment Years 2005-06, 2006-07, 2007-08, 2008-09 & 2009-10. 2. As The Issues Arising In All These Appeals Are Common, For The Sake Of Convenience, They Are Heard Together & Disposed Off By Way Of This Common Order. 3. The Assessee Is A Partnership Firm & Filed Its Return Of Income On 31/03/2006 Declaring Total Income Of Rs.2,55,324/- For The Assessment Year

Section 133ASection 143(3)Section 250