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52 results for “capital gains”+ Section 194Cclear

Sorted by relevance

Mumbai134Bangalore115Delhi85Kolkata52Ahmedabad51Cochin23Chennai20Cuttack19Raipur19Hyderabad17Jaipur16Indore15Rajkot6Kerala5Chandigarh4Pune4Surat3Nagpur3Amritsar3Visakhapatnam2Allahabad2Panaji2SC1Rajasthan1Karnataka1

Key Topics

Section 143(3)52Section 80I48Disallowance32Deduction30Section 8029Addition to Income27Section 14A24Section 115J24Section 4021Depreciation

DCIT, CIRCLE - 3(1), , KOLKATA vs. M/S. THE PEERLESS GENERAL FINANCE & INVESTMENT CO. LTD.,, KOLKATA

In the result, both the appeals of the revenue are dismissed

ITA 1469/KOL/2019[2013-14]Status: DisposedITAT Kolkata05 Dec 2019AY 2013-14

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey) Ita No. 1469 & 1470/Kol/2019 Assessment Year: 2013-14 & 2015-16 Deputy Commissioner Of Income Tax, Circle-12(1), Kolkata……………….………....…........Appellant Vs. M/S. The Peerless General Finance & Investment & Co. Ltd..................……………….…..Respondent 3, Esplanade East Kolkata – 700 069 [Pan : Aabct 3043 L] Appearances By: Shri Supriyo Pal, Jcit Sr. D/R, Appearing On Behalf Of The Revenue Shri S.K. Tulsiyan, Adv. & Subrata Dey, Ca, Appeared On Behalf Of The Assessee. . Date Of Concluding The Hearing : October 31St, 2019 Date Of Pronouncing The Order : December 5Th, 2019 Order Per J. Sudhakar Reddy, Am :-

Section 14ASection 250

194C of the Act, does not apply. Regarding the payment to Jivan Ratan Chatterjee Legal, he submitted that the Regarding the payment to Jivan Ratan Chatterjee Legal, he submitted that the Regarding the payment to Jivan Ratan Chatterjee Legal, he submitted that the payment of Rs.31517/-, was towards advocate fees and service tax and as the , was towards advocate fees

Showing 1–20 of 52 · Page 1 of 3

15
Section 26313
Section 145(3)12

D.C.I.T CIR - 3(1), KOLKATA vs. M/S THE PEERLESS GENERAL FINANCE & INVESTMENT CO LTD, KOLKATA

In the result, both the appeals of the revenue are dismissed

ITA 1470/KOL/2019[2015-16]Status: DisposedITAT Kolkata05 Dec 2019AY 2015-16

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey) Ita No. 1469 & 1470/Kol/2019 Assessment Year: 2013-14 & 2015-16 Deputy Commissioner Of Income Tax, Circle-12(1), Kolkata……………….………....…........Appellant Vs. M/S. The Peerless General Finance & Investment & Co. Ltd..................……………….…..Respondent 3, Esplanade East Kolkata – 700 069 [Pan : Aabct 3043 L] Appearances By: Shri Supriyo Pal, Jcit Sr. D/R, Appearing On Behalf Of The Revenue Shri S.K. Tulsiyan, Adv. & Subrata Dey, Ca, Appeared On Behalf Of The Assessee. . Date Of Concluding The Hearing : October 31St, 2019 Date Of Pronouncing The Order : December 5Th, 2019 Order Per J. Sudhakar Reddy, Am :-

Section 14ASection 250

194C of the Act, does not apply. Regarding the payment to Jivan Ratan Chatterjee Legal, he submitted that the Regarding the payment to Jivan Ratan Chatterjee Legal, he submitted that the Regarding the payment to Jivan Ratan Chatterjee Legal, he submitted that the payment of Rs.31517/-, was towards advocate fees and service tax and as the , was towards advocate fees

M/S VODAFONE EAST LTD.(FORMERLY KNOWN AS VODAFONE ESSAR EAST LIMITED),KOLKATA vs. A.D.I.T RANGE - 7,KOL., KOLKATA

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

ITA 1864/KOL/2012[2009-10]Status: DisposedITAT Kolkata15 Sept 2015AY 2009-10

Bench: Shri Mahavir Singh & Shri M. Balaganesh

Section 143(3)Section 194ISection 40

194C / 194I or 194J of the Act and hence we have no hesitation in directing the Learned Assessing Officer to delete the addition made u/s 40(a)(ia) on this account. 4.21. Without prejudice to the aforesaid main ground with regard to the non-applicability of TDS provisions for roaming charges, the next argument of the Learned AR that

BIKASH KUMAR MONDAL,ARAMBAGH vs. ITO WARD 1(4) HOOGHLY, CHINSURA

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

ITA 916/KOL/2024[2010-2011]Status: DisposedITAT Kolkata05 Feb 2025AY 2010-2011

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz)

Section 139(1)Section 143(3)Section 194CSection 194C(5)Section 40Section 44A

section 194C of the Act; and secondly, undisclosed income of capital gains for Rs.6,25,000/- on sale of agricultural

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

ITA 1359/KOL/2015[2011-2012]Status: DisposedITAT Kolkata26 Oct 2018AY 2011-2012

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)

For Appellant: Shri Saurabh Kumar, Addl. CIT Sr. DRFor Respondent: Shri Manoj Kataruka, Advocate
Section 111ASection 143(3)Section 94(7)

Capital gains" and "Income from other sources"], or a company the principal business of which is the business of banking or the granting of loans and advances) consists in the purchase and sale of shares of other companies, such company shall, for the purposes of this section, be deemed to be carrying on a speculation business to the extent

DCIT, CIR-36, KOLKATA, KOLKATA vs. SRI RIKHAB CHAND JAIN, KOLKATA

In the result, the cross objection filed by the assessee is dismissed

ITA 1129/KOL/2015[2011-2012]Status: DisposedITAT Kolkata22 Dec 2017AY 2011-2012

Bench: Shri A. T Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1129/Kol/2015 ("नधा"रणवष" / Assessment Year: 2011-12) Dcit, Cir-36, Kolkata Vs. Sri Rikhab Chand Jain Aayakar Bhawan Poorva, 8Th Floor, 110, C/O M/S T T Ltd., 2 Nd Floor, 10, Shantipally, Kolkata – 700 107. Ezzie Mansion, Pollock Street, 2 Nd Floor, Kolkata – 1. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aeypj 0493 A (Revenue) .. (Assessee) Co No.47/Kol/2015 (A/O Ita No.1129/Kol/2015) ("नधा"रणवष"/Assessment Year: 2011-12) Sri Rikhab Chand Jain Vs. Dcit, Cir-36, Kolkata Aayakar Bhawan Poorva, 8Th Floor, 110, C/O M/S T T Ltd., 2 N D Floor, 10, Ezzie Mansion, Pollock Street, 2 Nd Shantipally, Kolkata – 700 107. Floor, Kolkata – 1. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aeypj 0493 A (Assessee) .. (Revenue)

For Appellant: ShriSallongYaden, Addl. CITFor Respondent: ShriS.M. Surana, Advocate
Section 143(3)Section 14ASection 40

194C warranting any disallowance u/s 40(a) (ia) of the Act. Thus, respectfully following the decision of the Coordinate Bench in assessee`s own case, (supra), in the immediately preceding assessment year 2009-10, whereby the issues were decided in favour of the assessee company, as set out above, we hold that no disallowance under section

M/S ADHUNIK INFRASTRUCTURE PVT. LTD.,KOLKATA vs. JCIT, RG-10, KOLKATA, KOLKATA

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

ITA 1281/KOL/2015[2010-2011]Status: DisposedITAT Kolkata23 May 2018AY 2010-2011

Bench: Hon’Ble Shri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No.1281 /Kol/2015 Assessment Year : 2010-11

For Appellant: Shri Miraj D.Shah, ARFor Respondent: Shri Saurabh Kumar, Addl. CIT, Sr.Dr
Section 143(3)Section 80I

capital of the assessee; (ii ) who holds, directly or indirectly, shares carrying not less than twenty-six per cent of the voting power in the assessee; (iii ) who appoints more than half of the Board of directors or members of the governing board, or one or more executive directors or executive members of the governing board of the assessee

DCIT,CIRCLE-15(2), KOLKATA, KOLKATA vs. M/S L.G.W. LIMITED, NORTH 24 PARGANAS

Appeal is dismissed

ITA 1786/KOL/2016[2012-13]Status: DisposedITAT Kolkata05 Oct 2018AY 2012-13

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2012-13 Dcit, Circle-15(2), V/S. M/S L.G.W. Ltd., 10, Shantipally, Em Vill. Narayanpur, P.O. Bypass, Aayakar Rajarhat, Gopalpur, 24- Bhawan, Poorva, 6Th Parganas (North), West Floor, R.No.615, Bengal-700136 Kolkata-700 107 [Pan No.Aaacl 4670 N] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri G. Mallikarjuna, Cit- अपीलाथ" क" ओर से/By Appellant Dr Shri A.K. Tibrerwal, Ar ""यथ" क" ओर से/By Respondent 09-07-2018 सुनवाई क" तार"ख/Date Of Hearing 05-10-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Revenue’S Appeal For Assessment Year 2012-13 Is Directed Against The Commissioner Of Income Tax (Appeals)-5, Kolkata’S Order Dated 29.06.2016, Passed In Case No.47/Cit(A)-5/Cir.14(1)/15-16, In Proceedings U/S. 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties Case File Perused. 2. The Revenue’S First Substantive Ground Challenges Correctness Of The Cit(A)’S Action Reversing Assessment Findings Disallowing The Taxpayer’S Commission Payments Made To Foreign Export Agents Amounting To ₹257,60,898/- For Non Deduction Of Tds U/S 40(A)(I) As Follows:- “1. Commission To Foreign Agents - Rs.2,57,60,898/- The Ao Has Added Sum Of Rs.2,57,60,898/- By Holding That The Said Amounts Were Paid To Foreign Agents Without Deduction Of Tds U/S.195. The Addition Has Been Made U/S

Section 1Section 143(3)Section 195Section 40Section 9Section 9(1)Section 9(1)(vi)

capital asset situate in India; (vii) income by way of fees for technical services payable by - (a) the Government; or ITA No.1786/Kol/2016 A.Y. 2012-13 DCIT Cir-15(2), Kol. Vs. M/s L.G.W. Ltd. Page 6 (b) a person who is a resident, except where the fees are payable in respect of services utilised in a business or profession carried

JCIT(OSD), CIRCLE - 10, KOLKATA, KOLKATA vs. TOLLYGUNGE ESTATES PVT. LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

ITA 1694/KOL/2011[2007-08]Status: DisposedITAT Kolkata11 Dec 2015AY 2007-08

Bench: Shri N.V. Vasudevan & Shri Waseem Ahmed

Section 143(3)

194C of the Act. From the aforesaid discussion we find that ld. CIT(A) has passed the correct order by allowing deduction in terms of the provisions of section 24(a). Such expenses are to be compulsorily allowed by virtue of the statutory provisions as per section 24(a) of the Act irrespective of the fact whether assessee actually incurs

JCIT(OSD), CIRCLE - 10, KOLKATA, KOLKATA vs. TOLLYGUNGE ESTATES PVT. LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

ITA 1693/KOL/2011[2006-07]Status: DisposedITAT Kolkata11 Dec 2015AY 2006-07

Bench: Shri N.V. Vasudevan & Shri Waseem Ahmed

Section 143(3)

194C of the Act. From the aforesaid discussion we find that ld. CIT(A) has passed the correct order by allowing deduction in terms of the provisions of section 24(a). Such expenses are to be compulsorily allowed by virtue of the statutory provisions as per section 24(a) of the Act irrespective of the fact whether assessee actually incurs

D.C.I.T CC - XXVIII,KOLKATA, KOLKATA vs. M/S SPML INFRA LTD (ERSTWHILE M/S SUBHAS PROJECTS& MARKETING LTD), KOLKATA

In the result, Revenue’s appeal is dismissed

ITA 1291/KOL/2013[2006-07]Status: DisposedITAT Kolkata24 Aug 2016AY 2006-07

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

Section 143(3)Section 194CSection 80Section 80l

194C also, “works contract” does not include a contract wherein the contractor in addition to employing labour, procures material from a third party. Thus, contracts involving mere labour of the contractor are included in the purview of “works contract”. Further assessee submitted that explanatory memorandum in the Finance Bill, 2007 has explained the purpose extending tax benefit

M/S THE RIGHT ADDRESS LTD.,KOLKATA vs. THE INCOME TAX OFFICER,(TDS) WARD-59(4) (TDS),KOLKATA KOLKATA, KOLKATA

In the result, Revenue’s appeal stands dismissed and assessee’s appeals are allowed

ITA 46/KOL/2014[2008-2009]Status: DisposedITAT Kolkata16 Sept 2016AY 2008-2009

Bench: Shri Waseem Ahmed & Shri K.Narasimha Chary

Section 197(1)Section 201Section 201(1)

194C of the Act, had paid more amount of tax by way of advance tax than what was payable and had also paid tax on self-assessment. There was no question of levying any interest on the assessee as the amount which was payable to the Revenue had been duly paid. For the other two years, tax was paid

DCIT, CIRCLE - 6, KOLKATA, KOLKATA vs. M/S. NARIMAN FINVEST (P) LTD., KOLKATA

In the result, Revenue’s appeal stands dismissed and that of assessee’s CO is partly allowed

ITA 1614/KOL/2011[2007-08]Status: DisposedITAT Kolkata10 Aug 2016AY 2007-08

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

Section 143(2)Section 143(3)Section 43(5)

sections 30 to 36) and not being in the nature of capital expenditure or personal expenses of the assessee, laid out or expended wholly and exclusively for the purposes of the business or profession shall be allowed in computing the income chargeable under the head 'profits and gains of business or profession'. The expression 'capital expenditure' has been interpreted

ACIT, CIRCLE-12(2), KOLKATA, KOLKATA vs. M/S. SIMPLEX INFRASTRUCTURE LTD., KOLKATA

In the result Ground no. 1 & 3 of the revenue are allowed in part

ITA 1765/KOL/2017[2012-13]Status: DisposedITAT Kolkata01 Mar 2019AY 2012-13

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2011-12 Assessment Year: 2012-13 M/S. Simplex Infrastructures Ltd…….............................................................……………………..Appellant 27, Shakespeare Sarani Kolkata – 700 017 [Pan : Aaecs 0765 R] Vs. Addl. Commissioner Of Income Tax, Range-12 Kolkata……...............................…….…..Respondent Assessment Year: 2011-12 Assessment Year: 2012-13

Section 133(6)Section 143(3)Section 14ASection 250Section 80

gains would be available to such transferee enterprise for the unexpired period during which the transferor enterprise would have been entitled to the deduction, if the transfer had not taken place. 6.1 From the above it is clear in order to avail deduction u/s 80-IA all the following conditions should be satisfied: (i) The assessee is a company

ACIT, CIRCLE-12(2), KOLKATA, KOLKATA vs. M/S. SIMPLEX INFRASTRUCTURE LTD., KOLKATA

In the result Ground no. 1 & 3 of the revenue are allowed in part

ITA 1764/KOL/2017[2011-12]Status: DisposedITAT Kolkata01 Mar 2019AY 2011-12

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2011-12 Assessment Year: 2012-13 M/S. Simplex Infrastructures Ltd…….............................................................……………………..Appellant 27, Shakespeare Sarani Kolkata – 700 017 [Pan : Aaecs 0765 R] Vs. Addl. Commissioner Of Income Tax, Range-12 Kolkata……...............................…….…..Respondent Assessment Year: 2011-12 Assessment Year: 2012-13

Section 133(6)Section 143(3)Section 14ASection 250Section 80

gains would be available to such transferee enterprise for the unexpired period during which the transferor enterprise would have been entitled to the deduction, if the transfer had not taken place. 6.1 From the above it is clear in order to avail deduction u/s 80-IA all the following conditions should be satisfied: (i) The assessee is a company

M/S. SIMPLEX INFRASTRUCTURES LTD., ,KOLKATA vs. ADDL. CIT, RANGE - 12, KOLKATA, KOLKATA

In the result Ground no. 1 & 3 of the revenue are allowed in part

ITA 1572/KOL/2017[2011-12]Status: DisposedITAT Kolkata01 Mar 2019AY 2011-12

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2011-12 Assessment Year: 2012-13 M/S. Simplex Infrastructures Ltd…….............................................................……………………..Appellant 27, Shakespeare Sarani Kolkata – 700 017 [Pan : Aaecs 0765 R] Vs. Addl. Commissioner Of Income Tax, Range-12 Kolkata……...............................…….…..Respondent Assessment Year: 2011-12 Assessment Year: 2012-13

Section 133(6)Section 143(3)Section 14ASection 250Section 80

gains would be available to such transferee enterprise for the unexpired period during which the transferor enterprise would have been entitled to the deduction, if the transfer had not taken place. 6.1 From the above it is clear in order to avail deduction u/s 80-IA all the following conditions should be satisfied: (i) The assessee is a company

M/S. SIMPLEX INFRASTRUCTURES LTD., ,KOLKATA vs. ADDL. CIT, RANGE - 12, KOLKATA, KOLKATA

In the result Ground no. 1 & 3 of the revenue are allowed in part

ITA 1573/KOL/2017[2012-13]Status: DisposedITAT Kolkata01 Mar 2019AY 2012-13

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2011-12 Assessment Year: 2012-13 M/S. Simplex Infrastructures Ltd…….............................................................……………………..Appellant 27, Shakespeare Sarani Kolkata – 700 017 [Pan : Aaecs 0765 R] Vs. Addl. Commissioner Of Income Tax, Range-12 Kolkata……...............................…….…..Respondent Assessment Year: 2011-12 Assessment Year: 2012-13

Section 133(6)Section 143(3)Section 14ASection 250Section 80

gains would be available to such transferee enterprise for the unexpired period during which the transferor enterprise would have been entitled to the deduction, if the transfer had not taken place. 6.1 From the above it is clear in order to avail deduction u/s 80-IA all the following conditions should be satisfied: (i) The assessee is a company

DCIT, CIRCLE-12(2), KOLKATA, KOLKATA vs. M/S. SIMPLEX INFRASTRUCTURES LTD., KOLKATA

In the result, Ground No. 1 of the revenue is dismissed

ITA 141/KOL/2015[2006-2007]Status: DisposedITAT Kolkata25 Oct 2017AY 2006-2007

Bench: Sri N.V. Vasudevan & Sri J. Sudhakar Reddy]

Section 250Section 80Section 80ISection 91

gains would be available to such transferee enterprise for the unexpired period during which the transferor enterprise would have been entitled to the deduction, if the transfer had not taken place. 6.1 From the above it is clear in order to avail deduction u/s 80-IA all the following conditions should be satisfied: (i) The assessee is a company

DCIT, CIRCLE-12(2), KOLKATA, KOLKATA vs. M/S. SIMPLEX INFRASTRUCTURES LTD., KOLKATA

In the result, Ground No. 1 of the revenue is dismissed

ITA 140/KOL/2015[2005-2006]Status: DisposedITAT Kolkata25 Oct 2017AY 2005-2006

Bench: Sri N.V. Vasudevan & Sri J. Sudhakar Reddy]

Section 250Section 80Section 80ISection 91

gains would be available to such transferee enterprise for the unexpired period during which the transferor enterprise would have been entitled to the deduction, if the transfer had not taken place. 6.1 From the above it is clear in order to avail deduction u/s 80-IA all the following conditions should be satisfied: (i) The assessee is a company

D.C.I.T., CIRCLE-12, KOLKATA, KOLKATA vs. M/S SIMPLEX INFRASTRUCTURE LTD., KOLKATA

In the result, Revenue’s appeal stands dismissed

ITA 2777/KOL/2013[2007-2008]Status: DisposedITAT Kolkata10 Mar 2017AY 2007-2008

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2007-08

Section 143(3)Section 80Section 80I

gains would be available to such transferee enterprise for the unexpired period during which the transferor enterprise would have been entitled to the deduction, if the transfer had not taken place. 6.1 From the above it is clear in order to avail deduction u/s 80-IA all the following conditions should be satisfied: (i) The assessee is a company