M/S ESTIN TIE UP PVT. LTD.,KOLKATA vs. A.C.I.T., CENTRAL CIRCLE-1(2), KOLKATA

In the result, the two cross appeals filed by the assessee as well as the Revenue are partly allowed for statistical purposes

Bench: Shri Duvvuru Rl Reddy & Shri Rakesh Mishra

section 149 quoted above, to the AO of Avani Projects And Infrastructure Limited(PAN: ABCFA2745F )to reassess its total Income for A.Y.2013-14 after disallowance of the expenditure of Rs.1,65,84,710/- claimed as payments made to the assessee in terms of the purported Joint Development Agreement(s). D. Prayer It is humbly prayed before Your Honours that

RAI BHAGWAN DAS BAGLA BAHADURS MARWARI HINDU HOSPITAL,KOLKATA vs. I.T.O., WARD - 49(3) NOW, I.T.O., WARD - 44(2), KOLKATA, KOLKATA

In the result, the appeal of assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Rai Bhagwan Das Bagla Ito, Ward-49(3), Bahadurs Marwari Hindu 3, Govt. Place (West), Hospital Kolkata-700001, Vs. 1, R.N. Mukherjee Road, Martin West Bengal Burn House, Kolkata-700001 (Appellant) (Respondent) Pan No. Aactr1297C Assessee By : Shri Soumitra Choudhary, Ar Revenue By : Shri Prabhakar Prakash Ranjan, Dr Date Of Hearing: 05.12.2024 Date Of Pronouncement : 19.12.2024

D E R Per Rajesh Kumar, AM: This is an appeal preferred by the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 30.03.2024 for the AY 2016-17. 02. The ground Nos. 1 to 4, is general in nature and do not require any specific adjudication

RAM NIRANJAN BANKA,KOLKATA vs. A.C.I.T., CIRCLE - 40,, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm Ram Niranjan Banka Acit, Circle-40 1, Surti Bagan Street, Jorasanko, 3, Govt. Place (West), Vs. Kolkata-700073, West Bengal Kolkata-700001, West Bengal (Respondent) (Appellant) Pan No. Aedpb5273P Assessee By : Shri Manish Tiwari, Ar Revenue By : Shri Sanat Kumar Raha, Dr Date Of Hearing: 14.08.2025 Date Of Pronouncement: 21.11.2025

D E R Per Rajesh Kumar, AM: This is an appeal preferred by the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 26.02.2025 for the AY 2014-15. The ground No. 1 is general in nature and does not require any 2. adjudication. The issue raised in ground

THE DCIT, CIR-3(2) GANGTOK, GANGTOK SIKKIM vs. SIKKIM STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED , GANGTOK SIKKIM

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

gains of business” in section 80P (2) of the Income-tax Act, 1961, emphasise that the income in respect of which deduction is sought by a cooperative society must constitute the operational income and not the other income which accrues to Page 18 of 45 I.T.A. Nos.: 1582 & 1583/KOL/2024 Assessment Years: 2018-19 & 2020-21 Sikkim State Cooperative Supply

DEPUTY COMMISSIONER OF INCOME TAX, CIR-3(2), GANGTOK, GANGTOK SIKKIM vs. SIKKIM STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED, GANGTOK SIKKIM

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

gains of business” in section 80P (2) of the Income-tax Act, 1961, emphasise that the income in respect of which deduction is sought by a cooperative society must constitute the operational income and not the other income which accrues to Page 18 of 45 I.T.A. Nos.: 1582 & 1583/KOL/2024 Assessment Years: 2018-19 & 2020-21 Sikkim State Cooperative Supply

PRATIK AGARWAL BENEFICIARY TRUST ,KOLKATA vs. ACIT, C.C.-3(1), , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

Bench: Sri Sanjay Garg & Dr. Manish Borad

17 he stated that he recommended Sri Bal Krishan Sikaria of 14, N.S. Road, Kolkata for providing accommodation entry in the form of long term capital gain. The statement have been utilised by ld. AO in holding that the short term capital loss incurred by the assessee from the transaction in shares of Blue Circle Services

PINKY AGARWAL ,KOLKATA vs. ACIT, CC-3(1), KOLKATA , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

Bench: Sri Sanjay Garg & Dr. Manish Borad

17 he stated that he recommended Sri Bal Krishan Sikaria of 14, N.S. Road, Kolkata for providing accommodation entry in the form of long term capital gain. The statement have been utilised by ld. AO in holding that the short term capital loss incurred by the assessee from the transaction in shares of Blue Circle Services

M/S. GATEWAY FINANCIAL SERVICES LTD., ,KOLKATA vs. ACIT, CC - 3(1), KOLKATA , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

Bench: Sri Sanjay Garg & Dr. Manish Borad

17 he stated that he recommended Sri Bal Krishan Sikaria of 14, N.S. Road, Kolkata for providing accommodation entry in the form of long term capital gain. The statement have been utilised by ld. AO in holding that the short term capital loss incurred by the assessee from the transaction in shares of Blue Circle Services

M/S. NISHIT AGARWAL BENEFICIARY TRUST ,KOLKATA vs. ACIT, CC - 3(1), KOLKATA , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

Bench: Sri Sanjay Garg & Dr. Manish Borad

17 he stated that he recommended Sri Bal Krishan Sikaria of 14, N.S. Road, Kolkata for providing accommodation entry in the form of long term capital gain. The statement have been utilised by ld. AO in holding that the short term capital loss incurred by the assessee from the transaction in shares of Blue Circle Services

RAMAUTAR SARAF (HUF),KOLKATA vs. ITO, WARD 59(3),, KOLKATA

In the result, the appeal of the assessee is allowed

D” BENCH, KOLKATA\nBEFORE SHRI RAJESH KUMAR, AM\nAND\nSHRI PRADIP KUMAR CHOUBEY, JM\nITA No. 2482/KOL/2025\n(Assessment Year:2016-17)\nRamautar Saraf (HUF)\nBF-256, Block-BF, Salt Lake,\nBidhan Nagar, Kolkata-700064\nWest Bengal\n(Appellant)\nVs.\nITO, Ward 59(3)\nIncome Tax Office, Uttarapan\nComplex, DS-IV, Manicktala Civil\nCentre, Kolkata-700067,\nWest Bengal\n(Respondent

ORIENTAL CHARITABLE FOUNDATION,KOLKATA vs. CIT(EXEMPTIONS), KOLKATA

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

Bench: Shri Rajpal Yadav & Shri Rakesh Mishraassessment Year: 2017-18

d) of sub-section (1) of section 11 excludes such voluntary contribution only if they are made with the specific direction that they shall form part of the corpus of the trust thereby implying that if no such directions are given then they shall be included as income of the trust as per the provisions of section

SAROJ GOENKA,KOLKATA vs. I.T.O., WARD - 30(1), KOLKATA

In the result, the appeal of the assessee is allowed

capital gain derived from sale of shares was\nclaimed exempt u/s 54F of the Act. The AO however denied the\nexemption on three grounds. The first and foremost reason given by\nthe AO is applicability of proviso to Section 54F(1) of the Act. The\nproviso below sub-section (1) of Section 54F lays down certain\ndisqualification for claiming exemption

DCIT, CC-1(3), KOLKATA, KOLKATA vs. M/S. A R SULPHONATES PVT. LTD., KOLKATA

In the result, appeal of the revenue is dismissed

Bench: Shri Sonjoy Sarma & Shri Girish Agrawalassessment Year: 2017-18

5 lakh through banking channel, upon signing of the said agreement to sale. Accordingly, in terms of first and second proviso to section 50C, stamp duty valuation at the time of registration of the said agreement in the impugned year cannot be taken for computing the capital gain, rather the value adopted by the stamp valuation authority on the date

TATA CONSUMER PRODUCTS LIMITED,KOLKATA vs. DCIT, CIR.-4(1), KOLKATA

In the result, the appeal for AY 2014-15 is partly allowed

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Years: 2014-15 & Assessment Years: 2015-16

17 of the said report in Form 3CD and also, in a letter dated 08.11.17 of the appellant. These facts are not in dispute. The dispute arises from the action of the AO of adopting the value of con- sideration as the value shown by the registering authority through the invocation of the provisions of section

TATA CONSUMER PRODUCTS LIMITED,KOLKATA vs. DCIT, CIR.-4(1), KOLKATA

In the result, the appeal for AY 2014-15 is partly allowed

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Years: 2014-15 & Assessment Years: 2015-16

17 of the said report in Form 3CD and also, in a letter dated 08.11.17 of the appellant. These facts are not in dispute. The dispute arises from the action of the AO of adopting the value of con- sideration as the value shown by the registering authority through the invocation of the provisions of section

OBEROI HOTELS PRIVATE LIMITED,KOLKATA vs. DCIT,CIR-8, KOLKATA. , KOLKATA

Bench: Shri. Rajesh Kumar () & Shri Anikesh Banerjee ()

D E R Per Bench: All three appealsare filed by the assessee and the revenue against the order of the ld. Commissioner of Income-tax (Appeals)-VIII, Kolkataorder passed under 2 ITA 489/Kol /2005 ITA 1808/Kol /2006 ITA 1811/Kol /2006 Oberoi Hotels (P) Ltd section 250 of the Income-tax Act, 1961 (in short, ’the Act’), date of order 31/08/2006

DCIT, CIR-8, KOLKATA ,KOLKATA vs. OBEROI HOTELS PVT. LTD. , KOLKATA

Bench: Shri. Rajesh Kumar () & Shri Anikesh Banerjee ()

D E R Per Bench: All three appealsare filed by the assessee and the revenue against the order of the ld. Commissioner of Income-tax (Appeals)-VIII, Kolkataorder passed under 2 ITA 489/Kol /2005 ITA 1808/Kol /2006 ITA 1811/Kol /2006 Oberoi Hotels (P) Ltd section 250 of the Income-tax Act, 1961 (in short, ’the Act’), date of order 31/08/2006

OBEROI HOTELS PRIVATE LIMITED.,KOLKATA vs. DCIT,CIR-8, KOLKATA, KOLKATA

Bench: Shri. Rajesh Kumar () & Shri Anikesh Banerjee ()

D E R Per Bench: All three appealsare filed by the assessee and the revenue against the order of the ld. Commissioner of Income-tax (Appeals)-VIII, Kolkataorder passed under 2 ITA 489/Kol /2005 ITA 1808/Kol /2006 ITA 1811/Kol /2006 Oberoi Hotels (P) Ltd section 250 of the Income-tax Act, 1961 (in short, ’the Act’), date of order 31/08/2006