PRINCIPAL COMM OF INCOME TAX -4, KOLKATA vs. M/S LINDE INDIA LIMITED

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

disallowance could be made under Sections 40(a)(i)/ 40(a)(ia) of the Act. On the issue of capital gains the learned Tribunal directed Assessing Officer to rework the capital gains by adopting Rs. 861 per square feet being guideline value in the same manner in which the learned DVO had carried out the valuation. 9. Being aggrieved against

PRINCIPAL COMMISSIONER OF INCOME TAX CENTRAL 1 KOLKATA vs. M/S EDMOND FINVEST PVT LTD

Bench: : The Hon’Ble The Chief Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 26Th February, 2024. Appearance : Mr. Amit Sharma, Adv. …For Appellant Mr. Pratyush Jhunjhunwala, Adv. …For Respondent The Court :- Heard Learned Counsel On Both Sides. This Appeal Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The Act) Is Directed Against The Order Dated 16Th May, 2023 Passed By The Income Tax Appellate Tribunal ‘B’ Bench, Kolkata In I.T.A. No. 96/Kol/2021 For The Assessment Year 2015-2016. The Revenue Has Raised The Following Substantial Questions Of Low For Consideration :- I) Whether The Learned Income Tax Appellate Tribunal Has Committed Substantial Error In Law In Upholding The Order Of The Commissioner Of Income Tax (Appeals) Deleting The Addition Made Under Section 68 Of The Income Tax Act, 1961 On Account Of Unexplained Unsecured Loan Transactions & Interest Expense Corresponding To Such Unexplained Loan Transactions By Holding That The Assessing Officer

Section 260A of the Act, we are not expected to respondent- appreciate the factual position. Thus we find no substantial questions of law arose on the said issue. The second issue is with regard to the disallowance

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

In the result, the appeal filed by the revenue is

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

Section 260A of the Income Tax Act, 1961 (the ‘Act’ in brevity) is directed against the composite order dated 5th April, 2017 passed by the Income Tax Appellate Tribunal, “A” Bench, Kolkata (the ‘Tribunal’ in short) in ITA No.866/Kol/2012 and ITA No.932/2012 for the assessment year 2008-09. 2 The revenue has raised the following substantial questions

COMMISSIONER OF INCOME TAX 14 KOLKATA vs. RAMESH CHAND GUPTA

In the result, the appeal filed by the revenue is

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

Section 260A of the Income Tax Act, 1961 (the ‘Act’ in brevity) is directed against the composite order dated 5th April, 2017 passed by the Income Tax Appellate Tribunal, “A” Bench, Kolkata (the ‘Tribunal’ in short) in ITA No.866/Kol/2012 and ITA No.932/2012 for the assessment year 2008-09. 2 The revenue has raised the following substantial questions

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

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

260A of the Income Tax Act (the ‘Act’ in brevity) is directed against the composite order dated 5th April, 2017 passed 2 by the Income Tax Appellate Tribunal, A-Bench, Kolkata (the ‘Tribunal’) in ITA No.1557/Kol/2011 and ITA No.1431/Kol/2011 for the assessment year 2007-08. The revenue has raised the following substantial questions of law for consideration: (i) Whether

PRINCIPAL COMMISSIONER OF INCOME TAX-5,KOKATA vs. M/S. L.G.W. LTD

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : August 12, 2022 Appearance : Ms. Smita Das De, Adv. ….For Appellant Mr. J.P. Khaitan, Sr. Adv. Mr. Ananda Sen, Adv. …For 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 Of The Income Tax Appellate Tribunal “C” Bench, Kolkata (Tribunal) Dated 5Th October, 2018 In I.T.A. No.1786/Kol/2016 For The Assessment Year 2012-13. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration: - A) Whether On The Facts & In The Circumstances Of The Case, The Tribunal Has Misinterpreted Section 194C, More Particularly 194C (7) Of The Income Tax Act, 1961 Read With Rule 31A Of The Income

260A of the Income Tax Act, 1961 (the Act, for brevity) is directed against the order of the Income Tax Appellate Tribunal “C” Bench, Kolkata (Tribunal) dated 5th October, 2018 in I.T.A. No.1786/Kol/2016 for the assessment year 2012-13. The revenue has raised the following substantial questions of law for consideration: - a) Whether on the facts and in the circumstances

PRINCIPAL COMMISSIONER OF INCOME TAX -4, KOLKATA vs. M/S. RELIANCE CHEMOTEX INDUSTRIES LTD

In the result, the appeal filed by the revenue stands

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

Section 260A of the Income Tax Act, 1961 (the ‘Act’ in brevity) is directed against the order dated 16th August, 2017 passed by the Income Tax Appellate Tribunal, “A” Bench, Kolkata (the ‘Tribunal’ in short) in ITA No.2041/Kol/2014 for the assessment year 2010-11. The revenue has raised the following substantial questions of law: (i) Whether on the facts

PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-2, KOLKATA vs. WEST BENGAL INFRASTRUCTURE DEVELOPMENT FINANCE CORP. LTD.

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

Section 260A of the Income Tax Act, 1961 (the ‘Act’ in brevity) challenging the order dated 2nd June, 2017 passed by the Income Tax Appellate Tribunal “C” Bench, Kolkata in ITA 2209/Kol/2014 for the assessment year 2011-12. 2 The revenue has raised the following substantial question of law for consideration : a) Whether on the facts and in the circumstances

AI CHAMPDANY INDUSTRIES LTD. vs. COMMISSIONER, INCOME TAX, CENTRAL - II KOLKATA , WEST BENGAL

In the result, we find that the order of the

Bench: : The Hon’Ble Justice T.S. Sivagnanam

260A of the Income Tax Act, 1961 (the Act, for brevity) is directed against the order dated January 28, 2005, passed by the Income Tax Appellate Tribunal, `B’ Bench, in ITA No.548/Kol/2003 for the assessment year 1994-95. The appeal was admitted on 25th April, 2005 on the following substantial questions of law :- i) Whether the findings of the Tribunal

PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL-2, KOLKATA vs. M/S.CHANDIMATA MANAGEMENT PVT LTD

The appeal is allowed

Bench: : The Hon’Ble Justice T.S. Sivagnanam

Section 260A of the Income Tax Act, 1961 (the Act, for brevity) is directed against the order dated 21st August, 2019 passed by the Income Tax Appellate Tribunal, ‘B’ Bench Kolkata (the Tribunal) in ITA No.2387/Kol/2017 for the assessment year 2009-10. The revenue has suggested the following substantial questions of law for consideration: a) Whether the Income Tax Appellate

INDIAN ALUMINIUM COMPANY LIMITED vs. COMMISSIONER OF INCOME TAX,

In the result, the appeals filed by the revenue

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 5Th January, 2023 Appearance : Mr. Om Narain Rai, Adv. …For The Revenue. Mr. J.P. Khaitan, Sr. Adv. Ms. Arati Agarwal, Adv. Ms. Rosy Banerjee, Adv. Mr. Binayak Gupta, Adv. …For The Assessee The Court : These Appeals Filed By The Revenue As Well As The Assessee Under Section 260A Of The Income Tax Act, 1961 (The Act) Are Directed Against The Order Dated October 20, 2006, Passed By The Income Tax Appellate Tribunal `A’ Bench, Kolkata (Tribunal) In Ita 1221/Kol./2006 & Ita 1045/Kol./2006, For The Assessment Year 2002-03. The Appeal Being Ita 173 Of 2007 Was Admitted On 7Th May, 2008 On The Following Substantial Questions Of Law :- “Whether On The Facts & In The Circumstances Of The Case The Learned Tribunal Was Justified In Law In Not Allowing :

260A of the Income tax Act, 1961 (the Act) are directed against the order dated October 20, 2006, passed by the Income Tax Appellate Tribunal `A’ Bench, Kolkata (Tribunal) in ITA 1221/Kol./2006 and ITA 1045/Kol./2006, for the assessment year 2002-03. The appeal being ITA 173 of 2007 was admitted on 7th May, 2008 on the following substantial

COMMISSIONER OF INCOME TAX, KOL-III vs. M/S. INDIAN ALUMINIUM CO. LTD.

In the result, the appeals filed by the revenue

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 5Th January, 2023 Appearance : Mr. Om Narain Rai, Adv. …For The Revenue. Mr. J.P. Khaitan, Sr. Adv. Ms. Arati Agarwal, Adv. Ms. Rosy Banerjee, Adv. Mr. Binayak Gupta, Adv. …For The Assessee The Court : These Appeals Filed By The Revenue As Well As The Assessee Under Section 260A Of The Income Tax Act, 1961 (The Act) Are Directed Against The Order Dated October 20, 2006, Passed By The Income Tax Appellate Tribunal `A’ Bench, Kolkata (Tribunal) In Ita 1221/Kol./2006 & Ita 1045/Kol./2006, For The Assessment Year 2002-03. The Appeal Being Ita 173 Of 2007 Was Admitted On 7Th May, 2008 On The Following Substantial Questions Of Law :- “Whether On The Facts & In The Circumstances Of The Case The Learned Tribunal Was Justified In Law In Not Allowing :

260A of the Income tax Act, 1961 (the Act) are directed against the order dated October 20, 2006, passed by the Income Tax Appellate Tribunal `A’ Bench, Kolkata (Tribunal) in ITA 1221/Kol./2006 and ITA 1045/Kol./2006, for the assessment year 2002-03. The appeal being ITA 173 of 2007 was admitted on 7th May, 2008 on the following substantial

PRINCIPAL COMMISSIONER OF INCOME TAX 1 KOLKATA vs. RUSSEL CREDIT LIMITED

Bench: HON'BLE JUSTICE RAJARSHI BHARADWAJ,HON'BLE JUSTICE UDAY KUMAR

disallowable capital loss. He set aside the order. Thereafter, the assessee appealed to the ITAT "B" Bench, Kolkata, which, by order dated October 23, 2024, upheld the AO's view in line with the CBDT Instruction dated May 2, 2016. Being aggrieved by the order, the revenue preferred the present appeals under Section 260A

THE PRINCIPAL COMM OF INCOME TAX- 1, KOLKATA vs. M/S UMANG COMMERCIAL COMPANY PVT LTD

In the result, the appeal (ITAT/297/2017) fails and

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

260A of the Income Tax Act (the ‘Act’ in brevity) is directed against the order dated 8th March, 2017 passed by the Income Tax Appellate Tribunal, C-Bench, Kolkata (the ‘Tribunal’) in ITA No.1173/Kol/2016 for the assessment year 2011-12. The revenue has raised the following substantial questions of law for consideration: 2 “a) Whether on the facts and circumstances

COMMISSIONER OF INCOME TAX, BURDWAN vs. M/S. THE BURDWAN CENTRAL COOPERATIVE BANK LIMITED

In the result, the appeals of the revenue are

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 16Th March, 2023 Appearance : Mr. Soumen Bhattacharjee, Adv. ...For The Appellant In Ita/63/2008. Ms. Smita Das De, Adv. ...For The Appellant In Ita/837/2008.. Mr. J. P. Khaitan, Sr. Adv. Mr. Siddharth Das, Adv. Ms. Swapna Das, Adv. ...For The Respondent. The Court : This Appeal (Ita/63/2008) Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The ‘Act’ For Brevity) Is Directed Against The Order Dated 27Th June, 2007 Passed By The Income Tax Appellate Tribunal, “A” Bench, Kolkata (The Tribunal) In Ita No.1279 & 1280/Kol/2007 Years 2003-04 & 2004-05.

Section 260A of the Act, is directed against the order dated 30th April, 2008 passed by the Income Tax Appellate Tribunal, “B” Bench, Kolkata in ITA No.394/Kol/2008 year 2005-06. The revenue has raised the following substantial question of law for consideration: (i) Whether on the facts and in the circumstances of the case the Learned Tribunal erred in deleting

PRINCIPAL COMMISSIONER OF INCOME TAX 2 KOLKATA vs. M/S UNIVERSAL CABLES LTD

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : November 03, 2022. Appearance: Mr. Prithu Dudhoria, Adv. …For Appellant Mr. J.P. Khaitan, Sr. Adv. Mr. Sanjay Bhowmick, Adv. Ms. Swapna Das, Adv. Mr. Siddhertha Das, Adv. …For Respondent The Court :- This Appeal Filed By The Assessee Under Section 260A Of The Income Tax Act, 1961 (The Act) Is Directed Against The Order Dated 30Th November, 2022 Passed By The Income Tax Appellate Tribunal “A” Bench, Kolkata In Itat No. 1461/Kol/2019 For The Assessment Years 2014-15. The Assessee Has Raised The Following Substantial Questions Of Law For Consideration :- I) Whether The Assessee Was Entitled To Get Benefit Of Additional Depreciation @10% Amounting To Rs.1,35,64,743/- On The Assets Purchased & Put To Use On Latter Half Of The Financial Year 2012-13 Or Not ? Ii) Whether The Provisions Of Sec. 14A R.W. Rules, 1962 Could Be Invoked To Determine The Expenses Related To The Exempt Income Or Not ? We Have Heard Mr. Prithu Dudhoria, Learned Counsel For The Appellant & Mr. J.P. Khaitan, Learned Senior Advocate Duly Assisted By Mr. Sanjay Bhowmick, Learned Counsel For The For The Respondent.

Section 260A of the Income Tax Act, 1961 (the Act) is directed against the order dated 30th November, 2022 passed by the Income Tax Appellate Tribunal “A” Bench, Kolkata in ITAT No. 1461/Kol/2019 for the assessment years 2014-15. The assessee has raised the following substantial questions of law for consideration :- i) Whether the assessee was entitled to get benefit

PRINCIPAL COMM OF INCOME TAX CENTRAL , KOLKATA 2 vs. M/S HOOGLY MILLS CO LTD

The appeal stands disposed of on the ground of low tax

Bench: : The Hon’Ble Justice T.S. Sivagnanam

Section 260A of the Income Tax Act, 1961 (the Act, for brevity) is directed against the order dated 2nd June, 2017 passed by the Income Tax Appellate Tribunal, ‘B’ Bench, Kolkata in ITA No. 423/Kol/2014 for the assessment year 2009-10. The revenue has raised the following substantial questions of law for consideration: a) Whether on the facts

PRINCIPAL COMMISSIONER OF INCOME TAX 1 KOLKATA vs. M/S RABINDRA ENTERPRISES PVT LTD

Accordingly, the appeal fails and is dismissed

Bench: : The Hon’Ble The Chief Justice T.S. Sivagnanam & The Hon’Ble Justice Chaitali Chatterjee (Das) Dated : 16Th June, 2025 Appearance: Mr. Aryak Dutt, Adv. Mr. Amit Sharma, Adv. ..For Appellant Mr. Subash Agarwal, Adv. Mr. Rajarshi Chatterjee, Adv. Mr. Amit Shaw, Adv. Ms. Suman Sahani, Adv. …Respondent

Section 260A of the Income Tax Act, 1961 (the Act) is directed against the order dated 21.12.2023 passed by the Income Tax Appellate Tribunal “C” Bench, Kolkata (the Tribunal) in ITA/1508/Kol/2019 for the assessment year 2012-13. The revenue has raised the following substantial questions of law for consideration: i) Whether the Learned Income Tax Appellate Tribunal has committed substantial