RAGUVALIKA TRADING PVT LTD ( SINCE MERGED WITH M.M.MURARKA SHARE & SECURITIES PVT LTD),KOLKATA vs. D.C.I.T CIR - 4,KOLKATA, KOLKATA

In the result, the appeal of the assessee in ITA No

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A Nos. 848 To 850/Kol/2013 Assessment Years : 2005-06 To 2007-08 Ruguvalika Trading Pvt. Ltd. -Vs- Dcit, Circle-4, Kolkata (Since Merged With M.M. Murarka Share & Securities Pvt. Ltd. [Pan: Aabcr 5743 B] (Appellant) (Respondent)

capital gain income and the same was to be taxed at a special rate under the provision of section 111A

RAGUVALIKA TRADING PVT LTD ( SINCE MERGED WITH M.M.MURARKA SHARE & SECURITIES PVT LTD),KOLKATA vs. D.C.I.T CIR - 4,KOLKATA, KOLKATA

In the result, the appeal of the assessee in ITA No

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A Nos. 848 To 850/Kol/2013 Assessment Years : 2005-06 To 2007-08 Ruguvalika Trading Pvt. Ltd. -Vs- Dcit, Circle-4, Kolkata (Since Merged With M.M. Murarka Share & Securities Pvt. Ltd. [Pan: Aabcr 5743 B] (Appellant) (Respondent)

capital gain income and the same was to be taxed at a special rate under the provision of section 111A

RAGUVALIKA TRADING PVT LTD ( SINCE MERGED WITH M.M.MURARKA SHARE & SECURITIES PVT LTD),KOLKATA vs. D.C.I.T CIR - 4,KOLKATA, KOLKATA

In the result, the appeal of the assessee in ITA No

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A Nos. 848 To 850/Kol/2013 Assessment Years : 2005-06 To 2007-08 Ruguvalika Trading Pvt. Ltd. -Vs- Dcit, Circle-4, Kolkata (Since Merged With M.M. Murarka Share & Securities Pvt. Ltd. [Pan: Aabcr 5743 B] (Appellant) (Respondent)

capital gain income and the same was to be taxed at a special rate under the provision of section 111A

RAGUVALIKA TRADING PVT LTD ( SINCE MERGED WITH M.M.MURARKA SHARE & SECURITIES PVT LTD),KOLKATA vs. D.C.I.T CIR - 4,KOLKATA, KOLKATA

In the result, the appeal of the assessee in ITA No

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A Nos. 848 To 850/Kol/2013 Assessment Years : 2005-06 To 2007-08 Ruguvalika Trading Pvt. Ltd. -Vs- Dcit, Circle-4, Kolkata (Since Merged With M.M. Murarka Share & Securities Pvt. Ltd. [Pan: Aabcr 5743 B] (Appellant) (Respondent)

capital gain income and the same was to be taxed at a special rate under the provision of section 111A

ACIT, CIRCLE - 31, KOLKATA, KOLKATA vs. PRADYUMNA DALMIA, KOLKATA

In the result, the appeal of the assessee in ITA No

Bench: : Shri Mahavir Singh & Shri M. Balaganesh

capital gains to the assessee in terms of section 111A of the Act. With regard to the comments of the Learned

SUNDEEP MUKHERJEE ,KOLKATA vs. ITO, WARD - 22(3), KOLKATA , KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap, Hon’Ble Vice -] I.T.A. No. 1271/Kol/2018 Assessment Year: 2005-06 Sundeep Mukherjee.............................……………………………………………………………....Appellant Commerce House, 8Th Floor, Room 3A, 2, Ganesh Chandra Avenue, Kolkat -700 013. [Pan : Afcpm 5140 E] Ito Ward 22(3) Kolkata...................………………………………………………….............Respondent 54/1, Rafi Ahmed Kidwai Road, Kolkata – 700 016. Appearances By: Shri Subash Agarwal, Advocate Appearing On Behalf Of The Assessee. Shri Pinaki Mukherjee, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : October 15, 2018 Date Of Pronouncing The Order : November 14, 2018 Order This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit (Appeals) – 6, Kolkata Dated 17.05.2018 Whereby He Upheld The Rectification Order Passed By The Ao U/S 154 Of The Income Tax Act, 1961. 2. The Assessee In The Present Case Is An Individual Who Filed His Return Of Income For The Year Under Consideration On 15.07.2005 Declaring A Total Income Of Rs. 1,63,230/-. In The Assessment Completed Originally U/S 143(3) Vide An Order Dated 26.12.2007, The Total Income Of The Assessee Was Determined By The Ao At Rs. 10,84,370/- After Making Addition Inter Alia On Account Of Short Term Capital Gain Amounting To Rs. 6,97,716/- & Tax @ 10% Was Calculated On Such Short Term Capital Gain As Per Section 111A Of The Act. Against The Order Passed By The Ao U/S 143(3), An Appeal Was Filed By The Assessee Before The Ld. Cit(A) Who Disposed Of The Same

capital gain as per section 111A of the Act. Against the order passed by the AO u/s 143(3), an appeal

SHREE PADMASAGAR EXPORTS PRIVATE LIMITED,KOLKATA vs. D.C.I.T CIR - 5,KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Years:2008-09

capital gain; interest being paid by appellant on borrowed money in common kitty for investments; the high turnover was on account of frequency of transactions; the assessees had dealt in delivery trading purely with the intention of making quick profits on a huge turnover; the period of holding of a majority of the stock was few days; in most

DCIT, CIRCLE - 6,, KOLKATA vs. LOKNATH SARAF SECURITIES LTD.,, KOLKATA

In the result, to sum up ITA No

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

capital I.T.A. No. 852/KOL./2008 Assessment year: 2003-2004 Assessment Year: 2005-2006, Assessment Year: 2005-2006 & Assessment Year: 2008-2009 Page 26 of 27 gain at 10% as per section 111A

DCIT, CIR-12, KOLKATA, KOLKATA vs. M/S THE DIAMOND COMPANY LTD., KOLKATA

In the result, Revenue’s appeal stands dismissed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Years:2009-10

section 111A lays down the procedure for taking the capital gains in respect of equity shares, and this section does

SRI SHANTILAL VIRA,KOLKATA vs. ACIT, CIRCLE - 45, KOLKATA, KOLKATA

In the result the appeal by the assessee is partly allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am]

111A, the assessee has to establish that he has paid Securities Transaction Tax. It is further observed, as pointed out by the Ld. ITA No.256/Kol/2016 Sri Shantilal Vira A.Y.2006-07 3 CIT(A), that in order to avail computation of short term capital gains u/s.111A, the transactions are to be routed through stock exchange or it should be entered into DEMAT

PRADYUMNA DALMIA BENEFICIARY TRUST,KOLKATA vs. ADIT(CPC)/I.T.O., WARD - 33(2), , KOLKATA

In the result, both the appeals filed by the assessee are allowed

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

111A and section 112A) exceeding two crore rupees, but is not covered under clauses (c) and (d), shall be applicable at the rate of fifteen per cent. of such income-tax:" 7. All the beneficiaries are individuals and it is well-settled that the status of a trust in which all the beneficiaries are individuals would be that

M/S JALAN CEMENT WORKS LTD,KOLKATA vs. C.I.T KOLKATA - I, KOLKATA

In the result, assessee’s appeal stands allowed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year :2008-09 M/S. Jalan Cement Works V/S. Cit, Kolkata-1 Ltd 2Nd Floor, Room No Aayakar Bhawan, 202, 81, Netji Subhas Road, P-7, Chowringhee Kolkata-700 001 Square, Kolkata- [Pan No.: Aaacj6788R] 700 069 .. अपीलाथ" /Appellant ""यथ"/Respondent

111A of Rs.45,86,417/-, and c. Dividend income of Rs.22,65,340/- 16. The ld.CIT while applying the provisions of u/s 263 has made a comparison of the business loss with the short term capital gain on the ground that the income shown by the assessee from the source of LTCG and dividend is not chargeable to tax. Accordingly

DCIT, CIR-7(1), KOLKATA, KOLKATA vs. M/S JET AGE SECURITIES PVT. LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Hon’Ble Shri M.Balaganesh, Am & Hon’Ble Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 1359/Kol/2015 Assessment Year : 2011-12 Dcit, Circle-7(1), Kolkata -Vs- M/S Jet Age Securities Pvt. Ltd. [Pan: Aabcj 0993 R] (Appellant) (Respondent)

capital gain. Therefore, the ground raised by the revenue on this issue is dismissed. 8 M/s Jet Age Securities Pvt. Ltd. A.Yr. 2011-12 2.6.3. Respectfully following the same, we hold that the ld CITA had rightly directed the ld AO to treat the subject mentioned gains on sale of shares as STCG u/s 111A of the Act instead

STERLING FINVEST PVT. LTD.,KOLKATA vs. DCIT, CIR. 5(1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Dcit, Circle-5(1), Sterling Finvst Private Ltd. Aaykar Bhavan 1, Bonafide Lane, First Floor, P-7, Chowringhee Square, Vs. Kolkata-700001, West Bengal Kolkata-700069, West Bengal (Appellant) (Respondent) Pan No. Aacca8245L Assessee By : Shri Abhishek Bansal, Ar Revenue By : Shri P.P. Ranjan, Dr Date Of Hearing: 18.11.2025 Date Of Pronouncement: 19.11.2025

Section 111A of the Act. The ld. AO treated the long-term capital gain of ₹53,024,681 as bogus

TAPAN KUMAR DAS,KOLKATA vs. ITO, WD-50(1), KOLKATA, KOLKATA

In the result, the appeal filed by the assessee on ground No

Section 90 of the Income Tax Act, 1961 (43 of 1961), the Central Government hereby notifies that where an agreement entered into by the Central Government with the Government of any country outside India for granting relief of tax or as the case may be, avoidance of double taxation, provides that any Income of a resident of India

GUNJA SAMABAY KRISHI UNNAYAN SAMITY LTD,PURULIA vs. PCIT,, ASANSOL

In the result, the appeal of the assessee is allowed

Bench: Shri Aby T Varkey & Shri Girish Agrawalassessment Year: 2016-17 Gunja Samabay Krishi Pcit, Asansol Unnayan Samity Ltd. Vill. Gunja, Golbera, P.S. Vs. Joypur, Dist. Purulia, Pin. 723103 Pan: Aabag 2110 M (Appellant) (Respondent)

capital gains of the assessee is chargeable u/s 111A of the Act as discussed in para 6 of the order. Therefore deduction under section

SRI SANTOSH SALAMPURIA,BANKURA vs. I.T.O. WARD-3(1), BANKURA

In the result, appeal of the assessee is allowed

Bench: SHRI GEORGE MATHAN (Judicial Member)

section 111A for denial of rebate in respect of tax payable on short- term capital gains arising from transfer of listed

MANISH PARASRAMPURIA,KOLKATA vs. A.O., NFAC / D.C.I.T., CIRCLE-43, KOLKATA, KOLKATA

In the result, appeal of the assessee is partly allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2015-16

Capital Gain of Rs.39,41,595/- is genuine and bonafide transaction, as such, the same is liable to be taxed at Special Rate u/s. 111A of the Act.” 3. At the outset, Ld. Counsel for the assessee submitted that he is not pressing ground nos. 4 and 5 which deal with merit of the case and that he is restricting