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14 results for “depreciation”+ Section 143(1)clear

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Key Topics

Section 26320Section 143(3)13Section 260A10Depreciation10Section 329Deduction7Addition to Income6Section 80I4Section 1474Section 143

THE COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION & TRA vs. JOY PARTNERSHIP MINING CENTRE

ITAT/71/2018HC Calcutta15 Nov 2021

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani

Section 142Section 143Section 143(3)Section 147Section 260A

depreciation is nil; or] (iv) the amount of profits eligible for deduction under section 80HHC, computed under clause (a) or clause (b) or clause (c) of sub-section (3) or sub-section (3A), as the case may be, of that section, and subject to the conditions specified in that section; or (v) the amount of profits eligible for deduction under

COMMISSIONER OF INCOME TAX (EXEMPTION) , KOLKATA vs. B.P.PODDAR FOUNDATION FOR EDUCATION

In the result, the appeal filed by the revenue is dismissed and the

4
Disallowance4
Section 143(2)2
ITAT/143/2021HC Calcutta13 Sept 2022

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

Section 11(5)Section 13(1)(b)Section 13(1)(c)Section 13(1)(d)Section 133ASection 142(1)Section 143Section 143(2)Section 147Section 148

Section 143(3) which was completed on 01.03.2011, the Assessing Officer issued notice to the assessee called for document and details which were furnished and the Assessing Officer has recorded his satisfaction in the assessment order dated 01.03.2011. Therefore, it was contended that on the very same facts, reopening could not have been done. 1

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

Accordingly, the appeal fails and it is dismissed

ITAT/230/2017HC Calcutta14 Dec 2021

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

Section 260Section 32Section 40A(9)

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 1 KOLKATA vs. M/S BRITANNIA INDUSTRIES LTD

Accordingly, the appeal fails and is dismissed

ITAT/211/2022HC Calcutta23 Dec 2022

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

Section 142(1)Section 143(2)Section 143(3)Section 260ASection 263Section 35

143(3) of the Act. Further it was pointed out that in the notice dated 08.10.2018 issued under Section 142(1) of the Act specific details were called for on the said issue which was furnished by the assessee by the letters dated 20.11.2018 and 03.12.2018. It was further stated that the assessing officer examined the ITAT

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

ITAT/135/2023HC Calcutta02 Aug 2023

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

Section 143(3)Section 260ASection 263Section 801CSection 80I

1,72,45,790/-. The assessee claimed a deduction under Section 80IC of the Act in respect of its Unit IV being the 7th year of such claim and 2nd year from the date when the assessee made substantial expansion. The date of substantial expansion as mentioned in Form 10CCB is November 13, 2012 relevant to the Financial Year

PRINCIPAL COMMISSIONER OF INCOME TAX-1, KOLKATA vs. ANANDA BAZAR PATRIKA PVT LTD

Accordingly the appeal ITAT/173/2021 fails and is dismissed

ITAT/173/2021HC Calcutta24 Feb 2022

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

Section 143(3)Section 260ASection 32(1)(iia)

1)(iia) of the Act. Earlier the revenue had challenged the order passed by the Tribunal in ITA No.313 of 2008. The said appeal of the revenue was allowed and the order passed by the Tribunal was set aside on the ground that there was absolutely no application of mind by the Tribunal to the evidence which was placed

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

Appeal is allowed to the extent indicated

ITA/125/2018HC Calcutta27 Jun 2024

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, KOLKATA 4.KOLKATA vs. M/S. V2 RETAIL LIMITED

The appeal stands disposed of on

ITAT/29/2017HC Calcutta04 Jan 2022

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

Section 143(3)Section 260ASection 32

1 OD-15 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE IA No.GA 2 of 2017 (OLD NO:GA/294/2017) In ITAT 29 of 2017 PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-4, KOLKATA Vs. M/S. V2 RETAIL LIMITED BEFORE: The Hon'ble JUSTICE T. S. SIVAGNANAM AND The Hon’ble JUSTICE HIRANMAY BHATTACHARYYA Date : January

COMMISSIONER OF INCOME TAX (EXEMPTION) KOLKATA vs. INTEGRATED EDUCATION & RESEARCH CENTRE FOR ENGINEERING & MAN

The appeal stands dismissed

ITAT/276/2017HC Calcutta28 Jul 2022

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Bivas Pattanayak Date : 28Th July, 2022 Appearance : Mr. Soumen Bhattacharjee, Adv. ….For Appellant Mr. Dwip Raj Basu, 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 1St June, 2016, Passed By The Income Tax Appellate Tribunal “C” Bench, Kolkata In Ita No. 620/Kol/2016 For The Assessment Year 2012-13. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration. I) Whether On The Facts & In The Circumstances Of The Case, The Learned Tribunal Erred In Law In Not Considering That Allowing Depreciation In Respect Of A Depreciable Asset For Which The Assessee

Section 11(6)Section 143(3)Section 260ASection 263Section 32Section 35(2)(iv)

1, Kolkata, who was the assessing 3 officer, completed the assessment under Section 143(3) determining the total income of the assessee at Rs.41,615/-. In the return of income the assessee claimed depreciation

THE PRINCIPAL COMMISSIONER OF INCOME TAX-4 vs. M/S. BRIDGE & ROOF CO. (INDIA) LIMITED

ITAT/46/2017HC Calcutta06 Dec 2021

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

For Appellant: Mr. Radhamohan Roy, AdvFor Respondent: Mr. J. P. Khaitan, Sr. Adv
Section 143(3)Section 145ASection 260ASection 263Section 32(1)

1) is allowable on inventories which include only goods for purchase and sales? (b) Whether in the facts and circumstances of the case the Judgment and Order passed by the Learned Tribunal are liable to be set aside and the amount of Rs.2,37,83,000/- be added in the total income of the assessee because the assessee

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

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

ITA/62/2018HC Calcutta20 Dec 2023

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

Section 143(3)

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 143

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

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

ITAT/62/2018HC Calcutta11 Nov 2021

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

Section 143(3)

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 143

PRINCIPAL COMMISSIONER OF INCOME TAX 1 KOLKATA vs. M/S GANESH REALTY AND MALL DEVELOPMENT PVT LTD

Accordingly, the appeal fails and the same stands dismissed

ITAT/66/2021HC Calcutta11 Feb 2022

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

Section 143(3)Section 260A

1, KOLKATA -Versus- M/S. GANESH REALTY AND MALL DEVELOPMENT PVT. LTD. Appearance: Mr. Tilak Mitra, Adv. ...for the appellant. Mr. Vivek Murarka, Adv. For the respondent. BEFORE: The Hon’ble JUSTICE T.S. SIVAGNANAM -And- The Hon’ble JUSTICE HIRANMAY BHATTACHARYYA Date : 11th February, 2022. The Court : We have heard Mr. Tilak Mitra, learned standing counsel appearing for the appellant/revenue

PRINCIPAL COMMISSIONER OF INCOME TAX 2, KOLKATA vs. M/S KESORAM INDUSTRIES LTD

In the result, the appeal is dismissed and it is held that substantial

ITAT/67/2022HC Calcutta20 Dec 2022

Bench: :

Section 115JSection 143(3)Section 14ASection 260ASection 68Section 80ISection 92B

section 68 of the Income Tax Act, 1961, stating that the said ground was not relevant to the order of the lower authorities ? We have heard Mr. Prithu Dudhoria, learned standing counsel appearing for the appellant/revenue and Mr. J.P. Khaitan, learned Senior Advocate for the respondent/assessee. It is pointed out by the learned Senior Counsel appearing for the respondent/assessee that