SMT SAKI GUPTA,KOLKATA vs. ACIT, CIR-49, KOLKATA, KOLKATA

In the result, the appeal of both the assessee’s are partly allowed

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

47)(v) of the Act, had been made over by the assessee to the developer. It is the undeniable position that under the agreement of February 7, 2007, the land and the construction thereon were to be divided in a certain ratio as between the developer and the assessee. It was also the developer’s obligation under the agreement

ABC INDIA LIMITED,KOLKATA vs. DCIT, CIRCLE 11(1),, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm Abc India Limited Dcit, Circle 11(1) 40/8, Ballygunj, Circular Road, Aayakar Bhawan, Chowringhee Kolkata, West Bengal-700019 Square, Kolkata-700069 Vs. West Bengal (Appellant) (Respondent) Pan No. Aacca2035J Assessee By : Shri S.K. Pransukhka, Ar Revenue By : Shri Sanjib Kumar Paul, Dr Date Of Hearing: 16.02.2026 Date Of Pronouncement: 15.04.2026

capital gain in accordance with the definition of proviso u/s 2(47)(i) & (ii) of the Act. Since, the assessee company was a member of the cooperative society and possession was given for the exclusive enjoyment of the property and consideration was also received which transaction was covered in the provision of Section 2(47) (vi

DCIT CIR - 6,KOLKATA., KOLKATA vs. M/S K.B. CAPITAL MARKETS LTD., KOLKATA

In the result, the appeal by the Assessee is partly allowed, while the appeal by the revenue is dismissed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] I.T.A No. 1882/Kol/2012 Assessment Year : 2008-09

47,217/-. The income earned from investments and short term capital gains (against which no expenses have been shown) is almost 5 times from the business income against which all the establishment and other expenses have been claimed. The Assessee had not claimed any expenditure even on short term capital gain which would have reduced income chargeable at the rate

KB CAPITAL MARKETS (P) LTD.,KOLKATA vs. D.C.I,.T CIR - 6 , KOLKATA., KOLKATA

In the result, the appeal by the Assessee is partly allowed, while the appeal by the revenue is dismissed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] I.T.A No. 1882/Kol/2012 Assessment Year : 2008-09

47,217/-. The income earned from investments and short term capital gains (against which no expenses have been shown) is almost 5 times from the business income against which all the establishment and other expenses have been claimed. The Assessee had not claimed any expenditure even on short term capital gain which would have reduced income chargeable at the rate

VIKASH SOLVEXTRACTS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-5, KOLKATA, KOLKATA

In the result, ground Nos

Bench: Shri Aby. T. Varkey, Jm & Dr.A.L. Saini, Am]

VI, which in turn arise out of assessment orders passed by the Assessing Officer u/s 143(3)/254 of the Income Tax Act, 1961 (herein after referred to as the ‘Act’). 2.Since these Five appeals relate to the same assessee, different assessment year, identical issues are involved,therefore, these have been clubbed and heard together and a consolidated order

VIKASH SOLVEXTRACTS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-5, KOLKATA, KOLKATA

In the result, ground Nos

Bench: Shri Aby. T. Varkey, Jm & Dr.A.L. Saini, Am]

VI, which in turn arise out of assessment orders passed by the Assessing Officer u/s 143(3)/254 of the Income Tax Act, 1961 (herein after referred to as the ‘Act’). 2.Since these Five appeals relate to the same assessee, different assessment year, identical issues are involved,therefore, these have been clubbed and heard together and a consolidated order

VIKASH SOLVEXTRACTS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-5, KOLKATA, KOLKATA

In the result, ground Nos

Bench: Shri Aby. T. Varkey, Jm & Dr.A.L. Saini, Am]

VI, which in turn arise out of assessment orders passed by the Assessing Officer u/s 143(3)/254 of the Income Tax Act, 1961 (herein after referred to as the ‘Act’). 2.Since these Five appeals relate to the same assessee, different assessment year, identical issues are involved,therefore, these have been clubbed and heard together and a consolidated order

VIKASH SOLVEXTRACTS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-5, KOLKATA, KOLKATA

In the result, ground Nos

Bench: Shri Aby. T. Varkey, Jm & Dr.A.L. Saini, Am]

VI, which in turn arise out of assessment orders passed by the Assessing Officer u/s 143(3)/254 of the Income Tax Act, 1961 (herein after referred to as the ‘Act’). 2.Since these Five appeals relate to the same assessee, different assessment year, identical issues are involved,therefore, these have been clubbed and heard together and a consolidated order

VIKASH SOLVEXTRACTS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-5, KOLKATA, KOLKATA

In the result, ground Nos

Bench: Shri Aby. T. Varkey, Jm & Dr.A.L. Saini, Am]

VI, which in turn arise out of assessment orders passed by the Assessing Officer u/s 143(3)/254 of the Income Tax Act, 1961 (herein after referred to as the ‘Act’). 2.Since these Five appeals relate to the same assessee, different assessment year, identical issues are involved,therefore, these have been clubbed and heard together and a consolidated order

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

47 taxmann.com 189)(Bangaore- Trib.) 4. National Coal Development Corporation Staff Co-operative Credit Society Ltd. Vs DCIT (ITA No 1564/Kol/2011) 5. Southern Technologies Ltd. Vs JCIT, Coimbatore (2010) (187 Taxman 346) (SC) 10.2 The AO has further held that income earned from investments made by the appellant with a ‘co-operative bank' would not be eligible for exemption

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

47 taxmann.com 189)(Bangaore- Trib.) 4. National Coal Development Corporation Staff Co-operative Credit Society Ltd. Vs DCIT (ITA No 1564/Kol/2011) 5. Southern Technologies Ltd. Vs JCIT, Coimbatore (2010) (187 Taxman 346) (SC) 10.2 The AO has further held that income earned from investments made by the appellant with a ‘co-operative bank' would not be eligible for exemption

EMAMI INDRASTRUCTURE LIMITED,KOLKATA vs. ITO, WD-12(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed in part

capital gain is determined at Rs.29,05,83,769/- as against the claim of loss of Rs.25,05,20,775/- shown by the assessee in the return of income for the following reasons: The above explanation of the assessee cannot be accepted due to the following reasons:- i) In the case of shares listed in recognized Stock Exchange the market

RITA GUPTA,KOLKATA vs. DCIT, CEN. CIR.2(2), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

2(14) as has been provided in (i) to (vi) to the said section. Further the gain arising from the transfer of long term capital asset is treated for long term capital gain chargeable to tax u/s 45 and section 47

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)

VI, Kolkata (in short the ld CITA) in Appeal Nos. 143 & 144/CIT(A)-VI/Circle-5/2010-11 dated 3.1.2013 for the Asst Years 2005- 06, 2006-07 ; Appeal No. 142/CIT(A)-VI/Circle-5/2010-11 dated 4.1.2013 for the Asst Ruguvalika Trading Pvt. Ltd (Since merged with M.M. Murarka Share & Securities Pvt. Ltd. A.Yr. 2005-06 to 2008-09 Year 2007-08 and Appeal No. 222/CIT

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)

VI, Kolkata (in short the ld CITA) in Appeal Nos. 143 & 144/CIT(A)-VI/Circle-5/2010-11 dated 3.1.2013 for the Asst Years 2005- 06, 2006-07 ; Appeal No. 142/CIT(A)-VI/Circle-5/2010-11 dated 4.1.2013 for the Asst Ruguvalika Trading Pvt. Ltd (Since merged with M.M. Murarka Share & Securities Pvt. Ltd. A.Yr. 2005-06 to 2008-09 Year 2007-08 and Appeal No. 222/CIT

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)

VI, Kolkata (in short the ld CITA) in Appeal Nos. 143 & 144/CIT(A)-VI/Circle-5/2010-11 dated 3.1.2013 for the Asst Years 2005- 06, 2006-07 ; Appeal No. 142/CIT(A)-VI/Circle-5/2010-11 dated 4.1.2013 for the Asst Ruguvalika Trading Pvt. Ltd (Since merged with M.M. Murarka Share & Securities Pvt. Ltd. A.Yr. 2005-06 to 2008-09 Year 2007-08 and Appeal No. 222/CIT

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)

VI, Kolkata (in short the ld CITA) in Appeal Nos. 143 & 144/CIT(A)-VI/Circle-5/2010-11 dated 3.1.2013 for the Asst Years 2005- 06, 2006-07 ; Appeal No. 142/CIT(A)-VI/Circle-5/2010-11 dated 4.1.2013 for the Asst Ruguvalika Trading Pvt. Ltd (Since merged with M.M. Murarka Share & Securities Pvt. Ltd. A.Yr. 2005-06 to 2008-09 Year 2007-08 and Appeal No. 222/CIT

M/S. STP LIMITED,KOLKATA vs. DCIT, CIRCLE-10, KOLKATA, KOLKATA

In the result, appeal filed by the assessee is dismissed

Bench: Shri S. S. Godara, Jm & Dr. A.L. Saini, Am Vs. Dcit, Circle-10, Kolkata M/S Stp Limited C/O. G.P. Agarwal & Associates, 7A, Kiran Shankar Ray Road, 2Nd Floor, Kol-1. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaecs6339M .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

gains. Before we go into further analysis, first we will take a look at section 2(14), which defines Capital Asset' and section 2(47) which defines Transfer'. Section 2(14) reads as under: "Capital asset "means property of any kind held by an assessee, whether or not connected with his business or profession, but does not include