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Reopening after Post-01.04.2021 Search Upheld but Section 68 Addition on Sale of Investments Deleted for Arbitrary and Inconsistent Approach: BMS Sales Pvt. Ltd. vs. DCIT (ITAT Kolkata)
Facts of the CaseThe assessee filed its return of income for Assessment Year 2019-20 on
31.10.2019 declaring income under normal and MAT provisions. A search under
Section 132 was conducted on 17.09.2021 on the Agarwal...
Reopening Quashed as Change of Opinion without New Tangible Material: West Bengal Electronics Industry Development Corporation Ltd. vs. CIT(A), NFAC (ITAT)
Facts of the CaseThe
assessee, a Government of West Bengal undertaking and nodal agency for
development of the IT and IT-enabled services sector in the State, filed its
return of income for Assessment Year 2012-13 on ...
Sections 56(2)(viia) and 50D Validly Applied to Share Allotment and Sale to Group Entities: Madhur Coal Mining Pvt. Ltd. vs. DCIT (ITAT Kolkata)
Facts of the CaseThe assessee filed its return of income for Assessment Year 2015-16 on
29.09.2015 declaring nil income and a current year loss of ₹10,31,82,416. The
case was selected for limited scrutiny under CASS ...
Deletion of Entire Bogus Purchase Addition Upheld Where Sales Accepted and Books Not Rejected: ITO, Ward-1(2), Siliguri vs. Binoy Agarwal (ITAT Kolkata)
Facts of the CaseThe assessee, Binoy Agarwal, is engaged in the business of trading in
furnishing items and filed his return of income for Assessment Year 2021-22 on
01.03.2022 declaring total income of ₹1,33,64,769....
Revision under Section 263 Quashed for Absence of Error and Prejudice to Revenue: Vikash Kumar Bohra vs. Principal CIT, Asansol (ITAT)
Facts of the CaseThe
assessee filed his return of income for Assessment Year 2018-19 and the
assessment was completed by the Assessing Officer. The Principal Commissioner
of Income Tax invoked revisionary jurisdiction...
Assessment Quashed for Exceeding Scope of Limited Scrutiny and Violation of CBDT Instruction No. 5/2016: Subodh Adhikary vs. ITO, Ward-51(1), Kolkata (ITAT)
Facts of the CaseThe
assessee filed his return of income for Assessment Year 2015-16 on 11.01.2016
declaring total income of ₹5,86,810. The case was selected for scrutiny under
CASS for limited scrutiny specifically...
Assessment Quashed for Lack of Pecuniary Jurisdiction: Notice under Section 143(2) Issued by Non-Jurisdictional ITO in Violation of CBDT Instruction No. 1/2011 – Rajroop Doshi vs. ITO, Kolkata (ITAT)
Facts of the CaseThe
assessee filed a revised return of income for Assessment Year 2017-18 on
27.03.2018 declaring total income of ₹47,89,100. The case was selected for
scrutiny through CASS for examination of capit...
Reassessment Notice under Section 148 Quashed as Time-Barred under Rajeev Bansal Ruling: Sunblaze Constructions Pvt. Ltd. vs. ITO (ITAT Kolkata)
Facts of the CaseThe assessee filed its return of income for Assessment Year 2016-17. The
Assessing Officer issued notice under Section 148 on 29.06.2021 under the
erstwhile reassessment regime. Pursuant to the Supreme...
Section 68 Addition on Share Capital Remanded Where CIT(A) Exceeded Jurisdiction by Issuing Set-Aside Directions: ITO vs. Favourite Cloth Merchants Pvt. Ltd. (ITAT Kolkata)
Facts of the CaseThe assessee company filed its return of income for Assessment Year
2012-13 declaring total income of ₹480. The return was processed under Section
143(1) and later selected for scrutiny under CASS. N...
Delhi High Court on Refund of Tax Recovered Despite Stay – Section 220(6), Shree Krishna Steel Traders v Union of India (W.P.(C) 8187/2025)
Facts of the CaseThe petitioner, M/s Shree
Krishna Steel Traders, challenged the recovery of income-tax demand during
the pendency of its statutory appeal for Assessment Year 2021–22. The
Assessing Officer had passe...