DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI vs. ABCI INFRASTRUCTURES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee for Assessment Year

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

depreciation of Rs. 3,23,72,494/-. Accordingly, Ground No. 3 raised by the Revenue is dismissed. 44. Ground no. 4 raised by the Revenue is on account of disallowance of Rs. 3,05,471/- u/s 14A of the Act r.w.r 8D of the Income Tax Rules, 1962. Ld. Counsel for the assessee submitted Page 40 of 114 I.T.A

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI vs. ABCI INFRASTRUCTURES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee for Assessment Year

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

depreciation of Rs. 3,23,72,494/-. Accordingly, Ground No. 3 raised by the Revenue is dismissed. 44. Ground no. 4 raised by the Revenue is on account of disallowance of Rs. 3,05,471/- u/s 14A of the Act r.w.r 8D of the Income Tax Rules, 1962. Ld. Counsel for the assessee submitted Page 40 of 114 I.T.A

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI vs. ABCI INFRASTRUCTURES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee for Assessment Year

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

depreciation of Rs. 3,23,72,494/-. Accordingly, Ground No. 3 raised by the Revenue is dismissed. 44. Ground no. 4 raised by the Revenue is on account of disallowance of Rs. 3,05,471/- u/s 14A of the Act r.w.r 8D of the Income Tax Rules, 1962. Ld. Counsel for the assessee submitted Page 40 of 114 I.T.A

ABCI INFRASTRUCTURES PRIVATE LIMITED,KOLKATA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI

In the result, the appeal of the assessee is allowed, whereas the appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

section 143(3) on 18.12.2017 determining the taxable income of the assessee at Rs.21,92,45,159/-. In this re-assessment order, the ld. Assessing Officer has disallowed a sum of Rs.71,40,599/- on the ground that excess depreciation

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI vs. ABCI INFRASTRUCTURES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee is allowed, whereas the appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

section 143(3) on 18.12.2017 determining the taxable income of the assessee at Rs.21,92,45,159/-. In this re-assessment order, the ld. Assessing Officer has disallowed a sum of Rs.71,40,599/- on the ground that excess depreciation

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-TINSUKIA, TINSUKIA vs. M/S. BROOKE BOND INDIA LIMITED, MUMBAI

In the result, appeal of the revenue and the cross-objection of the assessee are dismissed

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Ble]

depreciation on guest house cannot be brought under the purview of section 37(4) as there are specific provisions for allowance of the same. The said items of expenditure are not governed by the provisions of section 37(1) which is pre-condition for applying section 37(4). Therefore, respectfully following the decisions cited above, it delete the disallowance

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. ACIT, CENTRAL CIRCLE-1, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

Bench: Shri Manomohan Das & Shri Rakesh Mishra

45,000/- on unsecured loan. 4 For that the learned A.O. is not justified in making addition of Rs. 1,16,25,711/- on account of suppression of sales. 5 The Appellant craves the leave to take Additional Grounds and/or amend the above grounds of appeal at the time of hearing of Appeal.” v. ITA No. 114/GTY/2024

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

Bench: Shri Manomohan Das & Shri Rakesh Mishra

45,000/- on unsecured loan. 4 For that the learned A.O. is not justified in making addition of Rs. 1,16,25,711/- on account of suppression of sales. 5 The Appellant craves the leave to take Additional Grounds and/or amend the above grounds of appeal at the time of hearing of Appeal.” v. ITA No. 114/GTY/2024

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

Bench: Shri Manomohan Das & Shri Rakesh Mishra

45,000/- on unsecured loan. 4 For that the learned A.O. is not justified in making addition of Rs. 1,16,25,711/- on account of suppression of sales. 5 The Appellant craves the leave to take Additional Grounds and/or amend the above grounds of appeal at the time of hearing of Appeal.” v. ITA No. 114/GTY/2024

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

Bench: Shri Manomohan Das & Shri Rakesh Mishra

45,000/- on unsecured loan. 4 For that the learned A.O. is not justified in making addition of Rs. 1,16,25,711/- on account of suppression of sales. 5 The Appellant craves the leave to take Additional Grounds and/or amend the above grounds of appeal at the time of hearing of Appeal.” v. ITA No. 114/GTY/2024

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

Bench: Shri Manomohan Das & Shri Rakesh Mishra

45,000/- on unsecured loan. 4 For that the learned A.O. is not justified in making addition of Rs. 1,16,25,711/- on account of suppression of sales. 5 The Appellant craves the leave to take Additional Grounds and/or amend the above grounds of appeal at the time of hearing of Appeal.” v. ITA No. 114/GTY/2024

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

Bench: Shri Manomohan Das & Shri Rakesh Mishra

45,000/- on unsecured loan. 4 For that the learned A.O. is not justified in making addition of Rs. 1,16,25,711/- on account of suppression of sales. 5 The Appellant craves the leave to take Additional Grounds and/or amend the above grounds of appeal at the time of hearing of Appeal.” v. ITA No. 114/GTY/2024

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

Bench: Shri Manomohan Das & Shri Rakesh Mishra

45,000/- on unsecured loan. 4 For that the learned A.O. is not justified in making addition of Rs. 1,16,25,711/- on account of suppression of sales. 5 The Appellant craves the leave to take Additional Grounds and/or amend the above grounds of appeal at the time of hearing of Appeal.” v. ITA No. 114/GTY/2024

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

Bench: Shri Manomohan Das & Shri Rakesh Mishra

45,000/- on unsecured loan. 4 For that the learned A.O. is not justified in making addition of Rs. 1,16,25,711/- on account of suppression of sales. 5 The Appellant craves the leave to take Additional Grounds and/or amend the above grounds of appeal at the time of hearing of Appeal.” v. ITA No. 114/GTY/2024

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

Bench: Shri Manomohan Das & Shri Rakesh Mishra

45,000/- on unsecured loan. 4 For that the learned A.O. is not justified in making addition of Rs. 1,16,25,711/- on account of suppression of sales. 5 The Appellant craves the leave to take Additional Grounds and/or amend the above grounds of appeal at the time of hearing of Appeal.” v. ITA No. 114/GTY/2024

M/S. RAHMAN PROPERTIES LIMITED,GUWAHATI vs. JOINT COMMISSIONER OF INCOME TAX, RANGE-2, GUWAHATI

In the result, the appeal of the assesseeis allowed

Bench: Shri Rajesh Kumar, Am & Shri Manomohan Das, Jm Joint Commissioner Of Income M/S Rahman Properties Limited Tax, Range-2, Guwahati C/O Hotel Dynasty, S.S. Road, 5Th Floor, Aaykar Bhavan, Lakhtokia, Guwahati-781001, Vs. Christian Basti, G.S. Road, Assam Guwahati-781005, Assam (Appellant) (Respondent) Pan No. Aaccr0023P Assessee By : Shri Akhilesh Shrivastava, Ar Revenue By : Shri Kausik Ray, Dr Date Of Hearing: 09.07.2025 Date Of Pronouncement: 26.08.2025

Section 41(1) of the Act were not applicable in the instant case as the same is applicable along only when the liabilities/ expenses which were written back were rooted to the profit and loss account and are of revenue nature alone. But the submission of the assessee did not find favour with the ld. CIT (A) and he dismissed

ARUNACHAL PRADESH STATE CO OPERATIVE APEX BANK LIMITED,NAHARLAGUN vs. ACIT / DCIT, CIR 1, GUWAHATI

In the result, this appeals of the assessee are allowed for statistical\npurposes only

Depreciation Expenses Net Profit After Value of Total Allowable\nnt Year Considering the per Profit & Expenses allowed u/s Considering all Rural Advances Provision\nprovision debited Loss Account as las per Income Tax Act, 1961 Act, 1961\n/credited in P&L\nA/c\nadjustments\nTotal Income\nAllowable\nProvision\n@7.5% of 10% of Rural\nANNEXURE A\nNet Taxable\n@Income\n2006

GREENPLY INDUSTRIES LIMITED,TINSUKIA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-TINSUKIA, TINSUKIA

In the result, the appeal of the assessee for A

Bench: Shri A.T. Varkey & Shri Manish Borad

45 ITD 22 (Cal) (SB) (Refer Page 157-201 of the Case Law Paperbook), it was held that according to standard accounting practice, capital receipt cannot be part of the profit. Therefore, capital receipts which do not have the character of income cannot be liable to income-tax by adding it to the book profit. When an amount which forms