COMMISSIONER OF INCOME TAX (LARGE TAXPAYERS UNITS),KOLKATA vs. M/S. HINDUSTAN COPPER LTD

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

section 32 shall be mandatory. 30.3 Under the existing provisions, no deduction for depreciation is allowed on any motor car manufactured outside India unless it is used (i) in the business of running it on hire for tourists, or (ii) outside India in the assessee's business or profession in another country. 30.4 The Act has allowed depreciation allowance

PRINCIPAL COMM OF INCOME TAX, ASANSOL vs. M/S EASTERN COALFIELDS LTD

Accordingly, the appeal fails and it is dismissed

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

depreciation? b) Whether of the facts and circumstances of the case and in law, the Learned Income Tax Appellate Tribunal, “C” Bench, ITAT 230 of 2017 Page 3 of 14 was justified in reversing the finding of CIT (Appeals) in deleting the addition of Rs. 1,35,87,000/- for A.Y. 2003-04 and Rs. 1

PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA - 4, KOLKATA vs. M/S JCT LIIMITED

Bench: : The Hon’Ble Justice T.S. Sivagnanam A N D The Hon’Ble Justice Hiranmay Bhattacharyya Date: November 25, 2021. Appearance : Mr. P.K. Bhowmick, Adv. … For The Appellant Mr. Asim Choudhury, Adv. … For The Respondent The Court : This Appeal Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The Act, In Brevity) Is Directed Against The Order Dated 1St June, 2016 Passed By The Income Tax Appellate Tribunal “D” Bench, Kolkata In Ita No.1983/Kol/2013 For The Assessment Year 2008-09. The Revenue Has Framed The Following Substantial Questions Of Law For Our Consideration: “(A) Whether On The Facts & In The Circumstances Of The Case The Learned Tribunal Was Erred In Law In

section 32 shall be mandatory. 30.3 Under the existing provisions, no deduction for depreciation is allowed on any motor car manufactured outside India unless it is used (i) in the business of running it on hire for tourists, or (ii) outside India in the assessee's business or profession in another country. 30.4 The Act has allowed depreciation allowance

RAJESH KUMAR DROLIA (HUF) vs. COMMISSIONER OF INCOME TAX (CENTRAL) - III, KOLKATA

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani

1.— For the purposes of clause (ii), any machinery or plant which was used outside India by any person other than the assessee shall not be regarded as 6 machinery or plant previously used for any purpose, if the following conditions are fulfilled, namely:— (a) such machinery or plant was not, at any time previous to the date

PRINCIPAL COMMISSIONER OF INCOME TAX -3, KOLKATA vs. M/S. ITC LIMITED

Appeal is allowed to the extent indicated

Bench: HON'BLE JUSTICE SURYA PRAKASH KESARWANI,HON'BLE JUSTICE RAJARSHI BHARADWAJ

Section 143(3) of the Income Tax Act, 1961 (hereinafter Page 5 of 77 referred to as ‘the Act, 1961’) relating to the assessment year 2006-07. 6. In appeal filed by the respondent ITC before the CIT[Appeal], the appeal was allowed and the receipt of the aforesaid amount of Rs.32.42 crores was held to be a capital receipt

PRINCIPAL COMMISSIONER OF INCOME TAX 1 KOLKATA vs. M/S BRITANNIA INDUSTRIES LTD

Accordingly, the appeal fails and is dismissed

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

Section 35, in the sub column A1 the figure debited to the statement of profit and loss has been shown as ITAT NO. 211 OF 2022 REPORTABLE Page 7 of 10 Rs. 219,556,764/- in column A(ii)the amount admissible (net depreciation and asset written off) Rs. 206, 111,599/- has been mentioned. In column B(1

PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL-1), KOLKATA vs. RAMKRISHNA FORGING LTD

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Bivas Pattanayak Date : 27Th July, 2022 Appearance : Mr. Tilak Mitra, Adv., ….For Appellant Mr. S.M. Surana, Adv. Ms. Swapna Das, Adv. Mr. Siddhartha Das, Adv. …For Respondent The Court : This Appeal Filed By Revenue Under Section 260A Of The Income Tax Act, 1961 (The Act) Is Directed Against The Order Dated 13Th February 2019 Passed By The Income Tax Appellate Tribunal “A” Bench, Kolkata In I.T.(Ss).A. No. 09 (Kol) Of 2017 Relating To The A.Y. 2010-2011.. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration :- (I) Whether On The Facts & Circumstances Of The Case, The Provision For Allowing Additional Depreciation Of Remaining 50% Is Allowable In The Subsequent Year I.E. Assessment Year 2010-11, Although The Statute Allowed The Same W.E.F. 01.04.2016 ? (Ii) Whether On The Facts & Circumstances Of The Case, The Learned Income Tax Appellate Tribunal Erred On Facts By Not Appreciating The Legal Provisions That Disallowance Of The Claim Of The Remaining Additional

10% of the additional depreciation under Section 32(1)(iia) could be allowed on same in that year, balance additional

PRINCIPAL COMMISSIONER OF INCOME TAX ,CENTRAL-2,KOLKATA vs. M/S. DHANSAR ENGINEERING CO.PVT LTD.

In the result, we find that question no

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

10 and its purported findings in this regard are arbitrary, unreasonable and perverse ? b) Whether on the facts and circumstances of the case the Tribunal was justified in law in holding that the assessee is eligible for the claim of additional depreciation under section 32(1

M/S C AND E LIMITED vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX KOLKATA 4 KOLKATA

In the result, the appeal filed by the assessee is allowed and the order

Bench: THE HON'BLE THE CHIEF JUSTICE T.S SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

1,55,71,528.28/-. In Annexure A to the said Form it was mentioned that the claim of deduction under Section 80IC was in Unit IV at 100% being the 6th Year of substantial expansion. The Assessing Officer issued another notice dated March 10, 2015 stating that during the assessment proceedings it was observed that Unit IV was allowed

PRINCIPAL COMMISSIONER OF INCOME TAX-4, KOLKATA vs. HINDUSTAN GUM AND CHEMICALS LTD

Bench: HON'BLE JUSTICE RAJESH BINDAL, CHIEF JUSTICE (ACTING),HON'BLE JUSTICE ANIRUDDHA ROY

10 HIGH COURT AT CALCUTTA (ORIGINAL SIDE) ITAT/40/2020 IA NO.GA/1/2020 (OLD NO.GA/1196/2020) GA/2/2020(OLD NO.GA/1197/2020) (Through Video Conferencing) PRINCIPAL COMMISSIONER OF INCOME TAX-4, KOLKATA ….Appellant(s) Through: Mr. P.K. Bhowmick with Mr. Ashok Bhowmick, Advocates v/s HINDUSTAN GUM AND CHEMICALS LTD. . ….Respondent(s) Through: Mr. J.P. Khaitan, Senior Advocate (VC) with Mr. Sanjay Bhaumik, Ms. Swapna

PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-5, KOLKATA vs. M/S MERLIN RESOURCES PRIVATE LIMITED

Bench: HON'BLE JUSTICE I. P. MUKERJI,HON'BLE JUSTICE MD. NIZAMUDDIN

10 HIGH COURT AT CALCUTTA (ORIGINAL SIDE) ITAT/40/2020 IA NO.GA/1/2020 (OLD NO.GA/1196/2020) GA/2/2020(OLD NO.GA/1197/2020) (Through Video Conferencing) PRINCIPAL COMMISSIONER OF INCOME TAX-4, KOLKATA ….Appellant(s) Through: Mr. P.K. Bhowmick with Mr. Ashok Bhowmick, Advocates v/s HINDUSTAN GUM AND CHEMICALS LTD. . ….Respondent(s) Through: Mr. J.P. Khaitan, Senior Advocate (VC) with Mr. Sanjay Bhaumik, Ms. Swapna

PRINCIPAL COMMISSIONER OF INCOME TAX-2, KOLKATA vs. MCLEOD RUSSEL INDIA LTD.

Would be that the agricultural income itself would become liable

Bench: : The Hon’Ble Justice T.S. Sivagnanam A N D The Hon’Ble Justice Hiranmay Bhattacharyya Date: November 30, 2021. Appearance : Mr. P. K. Bhowmik, Adv. Mr. Soumen Bhattacharjee, Adv. … For The Appellant Mr. Asim Chaudhury, Adv. …For The Respondent The Court : This Appeal By The Revenue Filed Under Section 260A Of The Income Tax Act, 1961 (The Act, In Brevity) Is Against The Order Dated 8Th October, 2015 Passed By The Income Tax Appellate Tribunal “C” Bench, Kolkata In Ita Nos. 262 & 263/Kol/2013 For The Assessment Years 2008-09 & 2009-10. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration:

10, is not includible in the total income.” Mr. Majumdar, learned advocate appearing in support of the appeal submitted that fringe benefit tax is an additional income tax as would appear from Section 115WA. Therefore, the rules applicable for the purpose of assessing income tax would also be applicable for the purpose of arriving at a valuation of the fringe

PRINCIPAL COMMISSIONER OF INCOME TAX-1, KOLKATA vs. M/S. THE PEERLESS GENERAL FINANCE AND INVESTMENT CO. LTD.

In the result, the appeal is dismissed and the substantial questions of law

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Supratim Bhattacharya Date : 12Th September, 2022 Appearance : Mr. Soumen Bhattacharjee, Adv. ….For Appellant Mr. Abhijit Chatterjee, Sr. Adv. Mr. Gopal Ram Sharma, Adv. …For Respondent The Court : This Appeal By The Revenue Filed Under Section 260A Of The Income Tax Act, 1961 (The Act, For Brevity) Is Directed Against The Order Dated 22Nd July, 2020, Passed By The Income Tax Appellate Tribunal, Kolkata Bench, `D Virtual Court’, Kolkata (Tribunal) In Ita No. 1486/Kol/2019, For The Assessment Year 2014-15. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration :- A. Whether The Learned Tribunal Has Committed Substantial Error In Law In Confirming The Decision Of Learned Commissioner Of Income Tax (Appeals) In Allowing Long Term Capital Loss Of Rs. 1,09,80,30,873/- On Transfer Of Government Securities After Applying Cost Inflation Index On Sale Of Government Securities & Holding He Government Securities Are Not Bond & Debentures For The Purpose Of 3Rd Proviso To Section 48 Of The Act (4Th Proviso After Amendment) Which Is Petently Wrong & Latently Irregular ?

depreciable assets under Section 50 of the Income Tax Act, 1961 thereby misread and misinterpreted the said provision of law and so the direction of Tribunal is perverse ? C. Whether the Learned Tribunal has committed substantial error in law in confirming the decision of Ld. CIT(A) for deleting the addition of Rs. 67,56,925/- under Section

PRINCIPAL COMMISSIONER OF INCOME TAX, KOL-3, KOLKATA vs. SIKARIA INFRAPROJECTS PVT. LTD.

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani

depreciation allowance. The assessing Officer will take that all the allowances, deductions, exemption, if any has been availed by the appellant during the year and then the net profit chargeable to tax is Rs. 1,79,98,687/-. The net profit is to be assessed as income at Rs. 1,79,98,687/-. Ground No. 10 that without prejudice

PRINCIPAL COMMISSIONER OF INCOME TAX-1 KOLKATA vs. M/S LANDIS GYR

In the result, the substantial questions of law (i)

Bench: : The Hon’Ble Acting Chief Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 3Rd April, 2023 Appearance : Mr. Soumen Bhattacharjee, Adv. ...For The Appellant Mr. Asim Choudhury, Adv. Mr. Soham Sen, Adv. ...For The Respondent. The Court : This Appeal Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The ‘Act’ For Brevity) Is Directed Against The Order Dated October 17, 2018 Passed By The Income Tax Appellate Tribunal, “C” Bench, Kolkata (The Tribunal) In Ita No.524/Kol/2017 For The Assessment Year 2012-13. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration:

Depreciation on Intellectual property Assets”? (vi) Whether on the facts and circumstances of the case and on law Learned Income Tax Appellate Tribunal was justified in granting relief to the assessee on the addition of ₹10,63,042/- on the issue of “Provision on obsolescence of inventory? (vii) Whether on the facts and circumstances of the case

PRINCIPAL COMMISSIONER OF INCOME TAX - 3, KOLKATA vs. M/S EIH LIMITED

In the result, the appeal (ITA/62/2018) is dismissed

Bench: HON'BLE JUSTICE SURYA PRAKASH KESARWANI,HON'BLE JUSTICE RAJARSHI BHARADWAJ

1. Heard Sri Prithu Dudheria, learned counsel for the appellant / Income Tax Department and Sri Akhilesh Kumar Gupta, learned counsel for the respondent/assessee. 2. This appeal was admitted by order dated 08.06.2018, on the following substantial questions of law:- “[i] Whether the decision of the Tribunal in confirming the order of the Assessing Officer passed under Section

BHAG CHAND CHHABRA A HINDU UNDIVIDED FAMILY vs. PRINCIPAL COMMISSIONER OF INCOME TAX 12

In the result, the appeal (ITA/62/2018) is dismissed

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

1. Heard Sri Prithu Dudheria, learned counsel for the appellant / Income Tax Department and Sri Akhilesh Kumar Gupta, learned counsel for the respondent/assessee. 2. This appeal was admitted by order dated 08.06.2018, on the following substantial questions of law:- “[i] Whether the decision of the Tribunal in confirming the order of the Assessing Officer passed under Section