2024 (8) TMI 121

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.... Smita Das De, Adv., Mr. Prithu Dudhoria, Adv. For the Respondent : Mr. Abhratosh Majumder, Sr. Adv., Mr. Avra Mazumder, Adv., Mr. Arun Kumar Upadhyay, Adv., Mr. Lokesh Singh, Adv., Mr. Suman Bhowmik, Adv., Mr. Kausheyo Roy, Adv., Ms. Alisha Das, Adv., Mr. Samrat Das, Adv. And Ms. Elina Dey, Adv. ORDER We have heard Ms. Smita Das De, learned standing Counsel appearing for the appellant an....

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....e order passed by the Tribunal had placed reliance on the decision of this Court in Principal Commissioner of Income Tax- 2, Kolkata Vs. M/s. Cosmat Traders Pvt. Ltd., 2022 (11) TMI 895-Calcutta High Court. The decision of this Court in the case of Principal Commissioner of Income Tax-1, Kolkata Vs. M/s. Shree Shoppers Ltd. in ITAT 39 of 2023, dated 15th March, 2023, which was followed by the lear....

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....refore, the appeal is admitted on the following substantial questions of law. a) Whether on the facts and in the circumstances of the case the Learned Income Tax Appellate Tribunal was justified in law to quash the assessment order passed under Section 143(3) of the Income Tax Act, 1961 on the ground that the valid notice under Section 143(2) of the Act was not issued in accordance with l....

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....s and in the circumstances of the case the Learned Income Tax Appellate Tribunal was justified in law to quash the assessment order passed under Section 143(3) of the Act without appreciating the ratio laid down in the case DCIT (Exemption) Vs. Kalinga Institute of Industrial Technology (2023) 151 taxmann.com 434 (SC) by Hon'ble Apex Court wherein while dealing with the question of jurisdiction it....