2022 (2) TMI 502

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....NANAM AND HON'BLE JUSTICE HIRANMAY BHATTACHARYYA For the appellant: Mr. Debasish Chowdhury, Adv. Mr. Soumen Bhattacharyya, Adv. For the respondent: Ms. Swapna Das, Adv. Mr. Siddhartha Das, Adv. RE: GA/1/2020 [OLD NO:GA/732/2020) T.S. SIVAGNANAM, J. : We have heard Mr. Debasish Chowdhury, learned senior standing counsel for the appellant/revenue assisted by Mr. Soumen Bhattacharyya and ....

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.... Section 260A of the Income Tax Act, 1961, (the Act, in brevity) is directed against the order dated 24.1.2018 passed by the Income Tax Appellate Tribunal, "D" Bench, Kolkata (Tribunal) in ITA No.1641/Kol/2016 and C.O. No.54/Kol/2016 for the assessment year 2011-12. The revenue has raised the following substantial questions of law for our consideration. a. Whether on the facts and circums....

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....he assessing officer by order dated 28.3.2014 passed under Section 143(3) of the Act completed the assessment and came to the conclusion that there was concealment of income and wrong claim has been made by the assessee stating that the expenses incurred for construction of a compound wall was a capital expenditure. The assessment order attained finality. The assessing officer initiated penalty pr....

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.... same, the assessee preferred an appeal before the Commissioner of Income Tax (Appeals)-12, Kolkata (CIT(A)). Elaborate explanation was given which was considered by the CIT(A) and the penalty was deleted. Aggrieved by the same, the revenue preferred appeal before the Tribunal, which has been dismissed by the impugned order. On perusal of the order passed by the CIT(A), we find that the CIT(A) rig....