IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, KOLKATA SHRI GEORGE MATHAN, JUDICIAL MEMBER SHRI SANJAY AWASTHI, ACCOUNTANT MEMBER Assessment Year : 2012-13 Assistant Commissioner of Income Tax, Central Circle-1(2), Kolkata, R. No. 310, 3rd Floor, Aayakar Bhawan Poorva, 110, Shanti Pally, Kolkata – 700107 ……..…...…………….... Appellant vs.

Somani Services Private Limited, 16C, Synagouge Street, Kolkata, Kolkata – 700001, West Bengal [PAN : AAICS2046K] ................................ Respondent Appearances by:

Assessee represented by : Rakesh Jain, AR Department represented by : Dheeraj, Sr. DR Date of concluding the hearing : 25.08.2025 Date of pronouncing the order : 16.10.2025

O R D E R

PER SANJAY AWASTHI, ACCOUNTANT MEMBER:

1. These are a batch of two appeals filed by the Revenue for the same Assessment Year (2012-13). Both of the appeals have interconnected facts and hence they are being disposed off through a single order.

1.1 Both the appeals have been belatedly filed and for the sake of convenience the application for condonation of delay in ITA No. 2219/Kol/2024 is being reproduced for consideration of condonation of said delay:

“With due respect, this is to inform you that in the above-mentioned case, appeal order was received in the office of Ld. PCIT, Central-1, Kolkata including in this office on 31/07/2024. Subsequently, Appeal Scrutiny Report in this case along with many other cases related to this group was finally submitted on 17/09/2024 through proper channel.

Utmost effort has been made to prepare all the desired ASRs of this group and others including the present case on time. It is pertinent to mention here that AO as well as PCIT were engaged in the 148-time barring matter during the month of August, 2024, which was introduced by Union Budget Finance (No.2) Bill-2024. It is also to be mentioned here that previous incumbent was on the verge of annual general transfer and new incumbent has taken over the charge of O/o DCIT/ACIT, Central Circle-1(2), Kolkata on 05/09/2024 and thereafter Appeal Scrutiny Report was submitted. The charge of PCIT, Central-1, Kolkata has also been taken over by the new incumbent on 17/09/2024. Thereafter, on 04/11/2024 the Ld. PCIT, Central-1, Kolkata has directed to file second appeal before the Hon'ble ITAT, Kolkata.

In view of the above, your honour is requested to kindly condone 38(Thirty Eight)

days delay for filing appeal.”

1.2 Considering the reasons mentioned in the said petition and also the relative shortness of delay (being 38 days), we hereby condone the delay and admit this appeal for adjudication. Since ITA 2220/Kol/2024 is on a similar footing, with a similar petition, that appeal is also admitted for adjudication after condonation of delay.

1.3 Here it needs to be mentioned that the Ld. AR has requested that in the absence of a day-to-day explanation for delay, the same may not be condoned. On this issue it needs to be considered that the Revenue’s petition for condonation dated 05.11.2024 is also supported by a more detailed day-to-day explanation, as can be seen on the “JudiSIS” portal.

Thus, this contention of the Ld. AR is rejected as untenable.

2. Both these appeals arise from orders u/s 250 of the Income Tax Act, 1961 (hereafter “the Act”) both dated 31.07.2024, passed by the Ld. Commissioner of Income Tax (Appeals)-20, Kolkata. These two cases have a unique set of facts which deserve to be briefly laid out for appreciating the controversy before us. In this assessee’s case the first order was passed on 25.07.2014 u/s 143(3) of the Act. Through this order, an addition of Rs. 1,80,290/- was made u/s 14A of the Act read with Rule 8D of the I.T. Rules. Thereafter, another order was passed u/s 147/143(3) of the Act, dated 31.12.2018, through which an addition of Rs. 5,60,00,000/- was made u/s

68 of the Act on account of allegedly unproved share premium received by the assessee. Following this order, there was another order dated 27.11.2019 passed again u/s 147/143(3) of the Act