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

50-77 Page 2 of 77 A.F.R JUDGMENT Surya Prakash Kesarwani, J.: 1. Heard Sri Om Narayan Rai, learned senior standing counsel assisted by Sri Prithu Dudheria, learned junior standing counsel for the appellant and Sri J.P. Khaitan, learned senior advocate assisted by Ms. Nilanjana Banerjee Pal, learned advocate for the respondent. Facts:- 2. The respondent assesse is engaged

M/S. OBEROI BUILDING & INVESTMENT (P) LIMITED vs. COMMISSIONER OF INCOME TAX-II, KOLKATA & ANR.

The appeal is allowed

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

50 years over the shopping space and considering the decision of the Apex Court in the case of CIT vs. Poddar Cements Ltd. (1997) 226 ITR 625 (SC) and Section 27(iiib) of the Income Tax Act, the income derived by the assesse from letting out shopping space is to be assessed under the head “income from house property

PRINCIPAL COMMISSIONER OF INCOME TAX-2, KOLKATA vs. M/S. CENTURY ENKA LIMITED

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

50 of 300 3.3 OCO/5/2020 Cross Objection in A.P.O No. 91 of 2020 filed by Arvind Kumar Newar and Nand Gopal Khaitan, being the respondent Nos. 1 and 2 respectively. 4. APO NO. 95 OF 2020 Appeal filed by Birla Corporation Limited 4.1 OCO/16/2020 Cross Objection in A.P.O No. 95 of 2020 filed by Pradip Kumar Khaitan, being the respondent

PRINCIPAL COMMISSIONER OF INCOME TAX-4, KOLKATA vs. M/S V2 RETAIL LTD.

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE BIVAS PATTANAYAK

50 of 300 3.3 OCO/5/2020 Cross Objection in A.P.O No. 91 of 2020 filed by Arvind Kumar Newar and Nand Gopal Khaitan, being the respondent Nos. 1 and 2 respectively. 4. APO NO. 95 OF 2020 Appeal filed by Birla Corporation Limited 4.1 OCO/16/2020 Cross Objection in A.P.O No. 95 of 2020 filed by Pradip Kumar Khaitan, being the respondent

PRINCIPAL COMMISSIONER OF INCOME TAX-4, KOLKATA vs. M/S. JAGANNATH BANWARILAL TEXOFABS PVT LTD

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE BIVAS PATTANAYAK

50 of 300 3.3 OCO/5/2020 Cross Objection in A.P.O No. 91 of 2020 filed by Arvind Kumar Newar and Nand Gopal Khaitan, being the respondent Nos. 1 and 2 respectively. 4. APO NO. 95 OF 2020 Appeal filed by Birla Corporation Limited 4.1 OCO/16/2020 Cross Objection in A.P.O No. 95 of 2020 filed by Pradip Kumar Khaitan, being the respondent

PRINCIPAL COMMISSIONER OF INCOME TAX-4, KOLKATA vs. M/S. J.J.EXPORTERS LTD.

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE BIVAS PATTANAYAK

50 of 300 3.3 OCO/5/2020 Cross Objection in A.P.O No. 91 of 2020 filed by Arvind Kumar Newar and Nand Gopal Khaitan, being the respondent Nos. 1 and 2 respectively. 4. APO NO. 95 OF 2020 Appeal filed by Birla Corporation Limited 4.1 OCO/16/2020 Cross Objection in A.P.O No. 95 of 2020 filed by Pradip Kumar Khaitan, being the respondent

PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA vs. L D S CITY PROJECTS PVT LTD

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE BIVAS PATTANAYAK

50 of 300 3.3 OCO/5/2020 Cross Objection in A.P.O No. 91 of 2020 filed by Arvind Kumar Newar and Nand Gopal Khaitan, being the respondent Nos. 1 and 2 respectively. 4. APO NO. 95 OF 2020 Appeal filed by Birla Corporation Limited 4.1 OCO/16/2020 Cross Objection in A.P.O No. 95 of 2020 filed by Pradip Kumar Khaitan, being the respondent

PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL-1), KOLKATA vs. M/S. RUNGTA MINES LTD

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

50 of 300 3.3 OCO/5/2020 Cross Objection in A.P.O No. 91 of 2020 filed by Arvind Kumar Newar and Nand Gopal Khaitan, being the respondent Nos. 1 and 2 respectively. 4. APO NO. 95 OF 2020 Appeal filed by Birla Corporation Limited 4.1 OCO/16/2020 Cross Objection in A.P.O No. 95 of 2020 filed by Pradip Kumar Khaitan, being the respondent

PRINCIPAL COMMISSIONER OF INCOME TAX-4, KOLKATA vs. M/S. TCG LIFESCIENCES LTD.

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

50 of 300 3.3 OCO/5/2020 Cross Objection in A.P.O No. 91 of 2020 filed by Arvind Kumar Newar and Nand Gopal Khaitan, being the respondent Nos. 1 and 2 respectively. 4. APO NO. 95 OF 2020 Appeal filed by Birla Corporation Limited 4.1 OCO/16/2020 Cross Objection in A.P.O No. 95 of 2020 filed by Pradip Kumar Khaitan, being the respondent

PRINCIPAL COMMISSIONER OF INCOME TAX-2, KOLKATA vs. M/S THE CALCUTTA TRAMWAYS COMPANY (1978) LTD.

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

50 of 300 3.3 OCO/5/2020 Cross Objection in A.P.O No. 91 of 2020 filed by Arvind Kumar Newar and Nand Gopal Khaitan, being the respondent Nos. 1 and 2 respectively. 4. APO NO. 95 OF 2020 Appeal filed by Birla Corporation Limited 4.1 OCO/16/2020 Cross Objection in A.P.O No. 95 of 2020 filed by Pradip Kumar Khaitan, being the respondent

PRINCIPAL COMMISSIONER OF INCOME TAX-1, KOLKATA vs. M/S. HEIGHT INSURANCE SERVICES LTD

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

50 of 300 3.3 OCO/5/2020 Cross Objection in A.P.O No. 91 of 2020 filed by Arvind Kumar Newar and Nand Gopal Khaitan, being the respondent Nos. 1 and 2 respectively. 4. APO NO. 95 OF 2020 Appeal filed by Birla Corporation Limited 4.1 OCO/16/2020 Cross Objection in A.P.O No. 95 of 2020 filed by Pradip Kumar Khaitan, being the respondent

PRINCIPAL CIT-14, KOLKATA vs. SHRI VISHWANATH GUPTA

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

50 of 300 3.3 OCO/5/2020 Cross Objection in A.P.O No. 91 of 2020 filed by Arvind Kumar Newar and Nand Gopal Khaitan, being the respondent Nos. 1 and 2 respectively. 4. APO NO. 95 OF 2020 Appeal filed by Birla Corporation Limited 4.1 OCO/16/2020 Cross Objection in A.P.O No. 95 of 2020 filed by Pradip Kumar Khaitan, being the respondent

RAJESH JAJODIA vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 45 KOLKATA AND ORS

Bench: HON'BLE JUSTICE RAJESH BINDAL, CHIEF JUSTICE (ACTING),HON'BLE JUSTICE RAJARSHI BHARADWAJ

50 of 300 3.3 OCO/5/2020 Cross Objection in A.P.O No. 91 of 2020 filed by Arvind Kumar Newar and Nand Gopal Khaitan, being the respondent Nos. 1 and 2 respectively. 4. APO NO. 95 OF 2020 Appeal filed by Birla Corporation Limited 4.1 OCO/16/2020 Cross Objection in A.P.O No. 95 of 2020 filed by Pradip Kumar Khaitan, being the respondent

M/S SINGHI AND CO vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX VIII

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

50 of 300 3.3 OCO/5/2020 Cross Objection in A.P.O No. 91 of 2020 filed by Arvind Kumar Newar and Nand Gopal Khaitan, being the respondent Nos. 1 and 2 respectively. 4. APO NO. 95 OF 2020 Appeal filed by Birla Corporation Limited 4.1 OCO/16/2020 Cross Objection in A.P.O No. 95 of 2020 filed by Pradip Kumar Khaitan, being the respondent

TCG LIFE SCIENCES PVT LTD vs. JOINT COMM OF INCOME TAX RANGE59 KOL AND ANR

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

50 of 300 3.3 OCO/5/2020 Cross Objection in A.P.O No. 91 of 2020 filed by Arvind Kumar Newar and Nand Gopal Khaitan, being the respondent Nos. 1 and 2 respectively. 4. APO NO. 95 OF 2020 Appeal filed by Birla Corporation Limited 4.1 OCO/16/2020 Cross Objection in A.P.O No. 95 of 2020 filed by Pradip Kumar Khaitan, being the respondent

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

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

50 of 300 3.3 OCO/5/2020 Cross Objection in A.P.O No. 91 of 2020 filed by Arvind Kumar Newar and Nand Gopal Khaitan, being the respondent Nos. 1 and 2 respectively. 4. APO NO. 95 OF 2020 Appeal filed by Birla Corporation Limited 4.1 OCO/16/2020 Cross Objection in A.P.O No. 95 of 2020 filed by Pradip Kumar Khaitan, being the respondent

SHWETA CHHAWCHHARIA vs. COMMISSIONER OF INCOME TAX, KOLKATA-12

Bench: HON'BLE JUSTICE I. P. MUKERJI,HON'BLE JUSTICE KAUSIK CHANDA

50 of 300 3.3 OCO/5/2020 Cross Objection in A.P.O No. 91 of 2020 filed by Arvind Kumar Newar and Nand Gopal Khaitan, being the respondent Nos. 1 and 2 respectively. 4. APO NO. 95 OF 2020 Appeal filed by Birla Corporation Limited 4.1 OCO/16/2020 Cross Objection in A.P.O No. 95 of 2020 filed by Pradip Kumar Khaitan, being the respondent

PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL-2, KOLKATA vs. ELECTROCAST SALES INDIA LTD.

Bench: HON'BLE JUSTICE I. P. MUKERJI,HON'BLE JUSTICE KAUSIK CHANDA

50 of 300 3.3 OCO/5/2020 Cross Objection in A.P.O No. 91 of 2020 filed by Arvind Kumar Newar and Nand Gopal Khaitan, being the respondent Nos. 1 and 2 respectively. 4. APO NO. 95 OF 2020 Appeal filed by Birla Corporation Limited 4.1 OCO/16/2020 Cross Objection in A.P.O No. 95 of 2020 filed by Pradip Kumar Khaitan, being the respondent