I.T.O WD - 56(2),KOLKATA, KOLKATA vs. SALARPURIA SOFT ZONE, KOLKATA

In the result, the appeals of assessee are allowed and that of revenue are dismissed

Bench: Shri Mahavir Singh, Jm & Shri Wasim Ahmed, Am]

house property. In view of such facts, Ld. CIT, DR supported the orders of the lower authorities. 16. We have heard rival contentions and gone through facts and circumstances of the case. The above facts are undisputed in respect to cash flow statement filed by the assessee as well as availability of funds. We find that neither

M/S SALARPURIA SOFT ZONE,KOLKATA vs. J.C.I.T RG - 56,KOLKATA, KOLKATA

In the result, the appeals of assessee are allowed and that of revenue are dismissed

Bench: Shri Mahavir Singh, Jm & Shri Wasim Ahmed, Am]

house property. In view of such facts, Ld. CIT, DR supported the orders of the lower authorities. 16. We have heard rival contentions and gone through facts and circumstances of the case. The above facts are undisputed in respect to cash flow statement filed by the assessee as well as availability of funds. We find that neither

GAUTAM KUMAR MITRA,KOLKATA vs. DCIT, CIRCLE - 54, KOLKATA, KOLKATA

In the result, the appeal by the Assessee is allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] I.T.A No. 07/Kol/2012 Assessment Year : 2006-07

House Property”. The Assessee had let out his property at Mumbai to N/S.BBC World (India) Pvt.Ltd., (BBC). The rent actually received by the Assessee was Rs.42,446/- , including TDS

THE SATURDAY CLUB LIMITED,KOLKATA vs. DCIT, CIRCLE - 8(2), KOLKATA, KOLKATA

In the result, the appeals of the Revenue for A

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

house property let to its members and their guests is not chargeable to tax. ” Cricket Club of India: Whether the income from the property held by the assessee could not be brought charge under the provisions of Sec. 22 to 26 of the Act. India Motion Pictures Association (180 ITR 160): “Whether the principle of mutuality is applicable

THE SATURDAY CLUB LIMITED,KOLKATA vs. DCIT, CIR-8(2), KOLKATA, KOLKATA

In the result, the appeals of the Revenue for A

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

house property let to its members and their guests is not chargeable to tax. ” Cricket Club of India: Whether the income from the property held by the assessee could not be brought charge under the provisions of Sec. 22 to 26 of the Act. India Motion Pictures Association (180 ITR 160): “Whether the principle of mutuality is applicable

DCIT,CIRCLE-8, KOLKATA, KOLKATA vs. M/S. THE SATURDAY CLUB LTD, KOLKATA

In the result, the appeals of the Revenue for A

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

house property let to its members and their guests is not chargeable to tax. ” Cricket Club of India: Whether the income from the property held by the assessee could not be brought charge under the provisions of Sec. 22 to 26 of the Act. India Motion Pictures Association (180 ITR 160): “Whether the principle of mutuality is applicable

DCIT, CIR-26, KOLKATA, KOLKATA vs. M/S TEWARI WAREHOUSING COMPANY, KOLKATA

In the result, Revenue’s appeal stands allowed partly for statistical

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2010-11 Dcit, Circle-26 M/S Tewari Warehousing Co. बनाम / Aayakar Bhawan Hide Shed Dump, Old V/S. Dakshin, 2, Gariahat Goragacha Road, Kolkata-88 Road, (South), [Pan No.Aacft 5579 K] Kolkata-68 .. अपीलाथ" /Appellant ""यथ" /Respondent Shri Arindam Bhattacherjee, Addl. Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri Vikash Surana, Advocate ""यथ" क" ओर से/By Respondent 31-01-2018 सुनवाई क" तार"ख/Date Of Hearing 16-03-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Revenue Is Against The Order Of Commissioner Of Income Tax (Appeals)-7, Kolkata Dated 14.03.2016. Assessment Was Framed By Jcit, Range- 53, Kolkata U/S 143(3)/144 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 28.03.2013 For Assessment Year 2010-11. The Grounds Raised By The Revenue Per Its Appeal Are As Under:- “1. That The Ld. Cit(A) Erred In Directing To Assess The Entire Gross Receipts S Business Income & Allow Deductions As Per Section 28 To 43 Of The It Act When Rental Income Of Rs.2,31,00,000/- Was Already Included In The Gross Receipts. 2. That The Ld. Cit(A) Erred In Deleting The Estimation Of Business Profits Of Rs.2,37,72,132/- Made By The Ao Though Rejection Of Assessee’S Books Of Account U/S 145(3) Considering The Facts Of The Case. 3. That The Ld. Cit(A)’S Order Is Contrary To The Law & Fact Of The Case. 4. The Appellant Craves Leaves To, Add To, Alter Or Modify Any One Or All Of The Grounds Of Appeal Mentioned Above.”

TDS thereon under section 194-I, yet the income so received was assessable in the assessee’s hands as income from business and not as income from rent or income from house property

ACIT, CIR-3(TDS), KOLKATA, KOLKATA vs. SDV INTERNATION LOGISTICS LTD., KOLKATA

In the result, both the appeals of the revenue are dismissed while the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm]

TDS u/s 194J. iii. It also appeared from the Form 16 for the F.Y. 2011-12, issued by the deductor company to its employees that benefit of deduction on House Rent Allowance and benefit of interest on self-occupied house property

SDV INTERNATIONAL LOGISTICS LTD.,KOLKATA vs. ACIT, CIR-59 (TDS), KOLKATA, KOLKATA

In the result, both the appeals of the revenue are dismissed while the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm]

TDS u/s 194J. iii. It also appeared from the Form 16 for the F.Y. 2011-12, issued by the deductor company to its employees that benefit of deduction on House Rent Allowance and benefit of interest on self-occupied house property

ACIT, CIR-3(TDS), KOLKATA, KOLKATA vs. SDV INTERNATION LOGISTICS LTD., KOLKATA

In the result, both the appeals of the revenue are dismissed while the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm]

TDS u/s 194J. iii. It also appeared from the Form 16 for the F.Y. 2011-12, issued by the deductor company to its employees that benefit of deduction on House Rent Allowance and benefit of interest on self-occupied house property

M/S H.C. COMMERCIAL LTD.,KOLKATA vs. ACIT, CEN.CIR.-2(1), KOLKATA

In the result, the appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2013-14 M/S. H. C. Commercial Ltd. Assistant Commissioner Of 5, Middleton Row, Kolkata- Vs. Income Tax, Central Circle- 700071. 2(1), Kolkata. (Pan: Aabch2665N) (Appellant) (Respondent) Present For: Appellant By : Shri Soumitra Choudhury, A.R Respondent By : Shri Biswanath Das, Addl. Cit Date Of Hearing : 11.05.2022 Date Of Pronouncement : 21.07.2022 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Directed Against The Order Of Ld. Cit(A)-20, Kolkata Vide Order No. Itba/Apl/S/250/2021- 22/1037682272(1) Dated 10.12.2021 For A.Y. 2013-14 Passed Against The Assessment Order U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By Acit, Central Circle-2(1),Kolkata Dated 28.01.2016. 2. The Grounds Of Appeal Taken In This Appeal Are Reproduced As Under: 1. For That On The Facts Of The Case, The Order Passed By The Ld. C.I.T.(A)-20, Kolkata On 10.12.2021 Is Completely Arbitrary, Unjustified & Illegal. 2. For That On The Facts Of The Case, The Ld. C.Lt.(A) Was Wrong In Dittoing The Order Of The A.O. & Confirming The Disallowance U/S. 14A By Invoking Rule 8D(2)(Iii), 0.5% Of Average Investment Amounting To Rs.5,00,482/- (Rs.9,00,375/- Minus Rs.4,00,563/-) Which Is Completely Arbitrary, Unjustified & Illegal. 3. For That On The Facts Of The Case, The Ld. C.I.T.(A) Was Wrong In Not Considering The Facts That The A.O. Was Not Deducted The Income From Which Is Taxable During The Year & The Amount Of Rs.400,563/- Has Already Added Back To The Return Income, So, Rs.5,00,482/- Cannot Be Part For The Disallowance & Wrongly Calculated U/S. 14A By Invoking Rule 8D(2)(Iii) Which Is Completely Arbitrary, Unjustified & Illegal.

TDS which is reflected 26AS report of deductee. Therefore, the transaction is genuine and it is wholly & exclusively for the purpose of the business which is an allowable expenditure u/s. 37 of the I.T. Act, therefore, the disallowance of Rs.2,81,293/- is completely arbitrary, unjustified and illegal. 6. For that on the facts of the case

ITO, WD-30(4), KOLKATA, KOLKATA vs. M/S S. L. D. CORPORATION, KOLKATA

Accordingly, Ground No.5 raised by the Revenue is dismissed

property in Mumbai. The assessee claimed TDS against such income. The AO asked for details of TDS certificate and found that TDS was deducted by the tenant as per provision of Section 194I of the I.T. Act. Therefore, the AO denied the claim towards business income and the AO considered the said amount as income from house

ACIT, CIRCLE-8(2), KOLKATA, KOLKATA vs. M/S WELLSIDE INFRASTRUCTURE PVT. LTD., KOLKATA

In the result, appeal of revenue is partly allowed

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And "ी वसीम अहमद, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Shri Waseem Ahmed, Am]

House Property” itself. The Ld. AR placed reliance on the jurisdictional High Court decision in the case of CIT Vs. Ganga Properties Ltd. 199 ITR 94 (Cal) and CIT Vs. New Savan Sugar & Gur Refining Ltd. (1990) 185 ITR 564 (Cal) to justify the claim of business expenditure even if there is no corresponding business income inasmuch as certain administrative

ALLAHABAD BANK,KOLKATA vs. D.C.I.T CIR - 6,KOLKATA., KOLKATA

In the result, Revenue’s appeal stands partly allowed for statistical purpose

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

TDS details were not submitted before AO as these were not procured from the branches. He further submitted that the documents now have been collected and accordingly requested the Bench to restore the issue back to the file of Assessing Officer for fresh adjudication. Ld. DR, on the other hand, agreed to the submission of the AR. 21. We have

M/S. BANJOUR ENTERPRISES (P) LTD.,KOLKATA vs. ITO, WARD - 12(2), KOLKATA, KOLKATA

In the result, appeal of assessee is allowed

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

TDS certificates clearly mentioning the nature of payment as rent. Hence, he treated the income of assessee as income from house property

SRI JAIDEV PRASAD AGARWAL,KOLKATA vs. JCIT, RANGE - 35, KOLKATA, KOLKATA

In the result, the appeal filed by the assessee is partly allowed

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.281/Kol/2016 ("नधा"रणवष" / Assessment Year: 2011-12)

House Property, and the same does not warrant any interference. Accordingly, the addition made by the AO stands confirmed.” 6. Aggrieved by the order of the Ld. CIT(A), the assessee is in further appeal before us. 7. We have heard both the parties and perused the material available on record, we note that the assessee along with his wife

RELIANCE TRADERS & INVESTORS PVT. LTD.,KOLKATA vs. CPC(ITO WARD-8(3)KOL, BANGALORE

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Dr. Manish Boradआयकर अपील संख्या: 131/कोल/2022 धनिाारण वषाः 2018-19

house property at Rs. 46,667/- and also disclosed the gain and loss from sale of equity shares under the head “Income from Capital Gain”. Since the assessee has duly offered the alleged sum to tax, Centralised Processing Centre are not justified in making such addition that too without giving any opportunity of hearing to the assessee. Page

A.C.I.T CIR - 30,KOLKATA, KOLKATA vs. SHREE UMESH HIRANAND CHABLANI, KOLKATA

In the result, the appeal of revenue is dismissed

Bench: Shri M. Balaganesh, Am & Shri K. Narasimha Chary, Jm]

house property in Mumbai to the tune of Rs. 14,77,535/- under two agreements namely, agreement for rent for flat and other is for Hire charges for furniture and fixtures. 3. AO treated the loss under Short Term Capital Gains and the Long Term Capital Gains as the loss and gain out of business activity. Further, the AO treated