Section 143(1) of the Income Tax Act

M/S. Anuvarat Exports & Imports Private Limited, Kolkata vs. ITO, Ward - 8(1), Kolkata

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap, Vice-(Kz)

M/S Sreedeb Suppliers & Traders Pvt. Ltd., Kolkata vs. ITO, WD-4(2), Kolkata

Bench: Sri J. Sudhakar Reddy & Smt. Madhumita Roy) Assessment Year: 2008-09 M/S. Sreedeb Suppliers & Traders Pvt. Ltd......…………………………………...…….………...........Appellant C/O. Praveen Jyoti & Associates G1, Ground Floor 1A, Vansittart Row Damodar House Kolkata – 700 001 [Pan: Aalcs 1076 D] Income Tax Officer, Ward-4(2), Kolkata...........................................................…..…….……..Respondent Appearances By: Shri S.K. Tulsiyan, Advocate, Appeared On Behalf Of The Assessee. Shri Goulen Hangshing, Cit, D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : September 12Th, 2018 Date Of Pronouncing The Order : November 9Th, 2018 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - 2, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 20/01/2016, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2008-09. 2. Facts In Brief:- The Assessee Is A Company & Is In The Business Of Trading In Shares & Securities & Investment. It Filed It Return Of Income On 30/09/2008. The Same Was Processed U/S 143(1) Of The Act. Thereafter, Notice U/S 148 Of The Act Was Issued To The Assessee Company & The Assessment Pursuant Thereto Was Completed & Order Was Passed U/S 147/143(3), On 28/05/2010. The Share Capital Issued & Allotted By The Company Was Accepted As Genuine In These Proceedings By The Assessing Officer. Thereafter, The Commissioner Of Income Tax, Kolkata-Ii, Passed An Order U/S 263 Of The Act, On 30/03/2013. In This Order, The Ld. Cit, Directed As Follows:-

M/S. Munnilal & Dhuridevi Baid Charitable Trust, Kolkata vs. ITO (Exemption), Ward - 1(4), Kolkata

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap, Hon’Ble Vice -] I.T.A. No. 1500/Kol/2018 Assessment Year : 2016-17 M/S. Munnilal & Dhuridevi Baid Chritable Trust.............................…………………Appellant 4, Ho Chi Minh Sarani, 2Nd Floor, Suit No. 2F, Jeevan Deep, Kolkata – 700 071. [Pan : Aaatm 7374 D] Ito (Exemption) Ward 1(4), Kolkata...................……………………………………....Respondent 10B, Middleton Row, 6Th Floor, Kolkata – 700 071. Appearances By: Shri Rajesh Kumar Duggar, Fca Appearing On Behalf Of The Assessee. Shri Alok Nag, Addl. Cit, Sr. Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : October 23, 2018 Date Of Pronouncing The Order : October 31, 2018 Order This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit (Appeals) – 25, Kolkata Dated 27.04.2018 & The Grounds Raised Therein By The Assessee Read As Under: “1. For That The Ld. Cit(A) Erred In Law & Facts Allowing The Appeal Statistically ‘Since He Gave The Direction To The Ao To Verify The Claim Of The Appellant As Per Provisions Of Section 11 Of The Act’ Without Paying Attention To The Fact That The Order Appealed Has Been Passed Under Section 143(1) Of The Act & The Provisions Of Section 250(6) Of The Act. 2. For That The Ld. Cit(A) Erred In Law & Facts Allowing The Appeal Statistically ‘Since He Gave The Direction To The Ao To Verify The Claim Of The Appellant As Per Provisions Of Section 11 Of The Act’ Not Appreciating The Provisions Of Section 143(1) Of The Act Though Adjustments Mentioned In The Said Section Do Not Cover The Adjustment Made, Further Before Proceeding To The Said Adjustment Proviso To Section 143(1) Requiring Intimation To Be Given To Appellant Was Not Complied.”

M/S. Om, Kolkata vs. ITO (Exemption), Ward - 1(2), Kolkata

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap, Hon’Ble Vice -] I.T.A. No. 1499/Kol/2018 Assessment Year : 2016-17 M/S. Om.............................……………………………………………………………........................Appellant 127, Netaji Subhas Road, 4Th Floor, Room No. 407, Kolkata – 700 001. [Pan : Aaato 1811 H] Ito (Exemption) Ward 1(2), Kolkata...................……………………………………...Respondent 10B, Middleton Row, 5Th Floor, Kolkata – 700 071. Appearances By: Shri Rajesh Kumar Duggar, Fca Appearing On Behalf Of The Assessee. Shri Alok Nag, Addl. Cit, Sr. Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : October 23, 2018 Date Of Pronouncing The Order : October 31, 2018 Order This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit (Appeals) – 25, Kolkata Dated 27.04.2018 & The Grounds Raised Therein By The Assessee Read As Under: “1. For That The Ld. Cit(A) Erred In Law & Facts Allowing The Appeal Statistically ‘Since He Gave The Direction To The Ao To Verify The Claim Of The Appellant As Per Provisions Of Section 11 Of The Act’ Without Paying Attention To The Fact That The Order Appealed Has Been Passed Under Section 143(1) Of The Act & The Provisions Of Section 250(6) Of The Act. 2. For That The Ld. Cit(A) Erred In Law & Facts Allowing The Appeal Statistically ‘Since He Gave The Direction To The Ao To Verify The Claim Of The Appellant As Per Provisions Of Section 11 Of The Act’ Not Appreciating The Provisions Of Section 143(1) Of The Act Though Adjustments Mentioned In The Said Section Do Not Cover The Adjustment Made, Further Before Proceeding To The Said Adjustment Proviso To Section 143(1) Requiring Intimation To Be Given To Appellant Was Not Complied.”