ACIT, CIRCLE-32, KOLKATA, KOLKATA vs. MRS. ISHITA MOHATTA, KOLKATA

In the result the Cross Objection, No

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am Acit, Cir-32, Kolkata Vs. Mrs. Ishita Mohatta 10B, Middleton Row, 3Rd Floor, Kolkata – 24, Park Street, Magma House, 9Th Floor, Kolkata – 700 071. 700 016. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Ajfpk 3943 P (अपीलाथ" /Assessee) (""यथ" / Respondent) .. & Co No.45/Kol/2018 (Assessment Year: 2013-14) Vs. Acit, Cir-32, Kolkata Mrs. Ishita Mohatta 24, Park Street, Magma House, 9Th 10B, Middleton Row, 3Rd Floor, Floor, Kolkata – 700 016. Kolkata – 700 071. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Ajfpk 3943 P (अपीलाथ" /Assessee) (""यथ" / Respondent) ..

section 54F of the Act provides for deduction in respect of capital gain arising from the transfer of any long-term capital asset, other than the residential house, defined as the Original Asset in Sec. 54F(1

SHUVRO CHATTARAJ,KOLKATA vs. PCIT , BURDWAN

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

Bench: Shri Rajpal Yadav & Shri Rakesh Mishraassessment Year: 2015-16

1) Any profits or gains arising from the transfer of a capital asset effected in the previous year shall, save as otherwise provided in sections 54, 54B, 54D,54E, 54EA, 54EB, 54F

SMT.BARNALI DHAR,KOLKATA vs. A.C.I.T.,CIRCLE-34, KOLKATA

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2015-16 Smt. Barnali Dhar Acit, Circle-34, Kolkata C/O. S.D. Verma, Advocate, 2Nd Floor, 7, Vs. Rabindra Sarani, Kolkata – 700 001. Pan: Ajppd 6989 D (Appellant) (Respondent) Present For: Appellant By : None Respondent By : Smt. Ranu Biswas, Acit, Dr Date Of Hearing : 21.04.2022 Date Of Pronouncement : 12.07.2022 O R D E R Per Sonjoy Sarma, Jm: This Is An Appeal Filed By The Assessee Pertaining To The Assessment Year (In Short ‘A.Y.’) 2015-16 Is Directed Against The Order Of Ld. Cit(A)- 10, Kolkata Dated 30.07.2019 Which Is Arising Out Of The Assessment Order Passed U/S 143(3) Of The Income Tax Act, 1961(In Short ‘The Act’) Dated 27.12.2017. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. That In The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A)- 10 Was Not Justified In Not Deleting A Sum Of Rs. 9933057/- Being The Amount Wrongly Included By The Appellant Under The Head Capital Gain, While Filing Return Of Income Whereas As Per Section 54F No Amount Is Liable To Be Taxed. 2. The Appellant Craves Leave To Add/Alter Or Modify Any Grounds Of Appeal At Hearing Stage.”

gains tax. 10. To appreciate the issue under consideration, we refer to the provisions of section 54F which reads as under: “54F. (1) Subject to the provisions of sub-section (4), where, in the case of an assessee being an individual or a Hindu undivided family, the capital

D.C.I.T.,CIRCLE-3(1), KOLKATA vs. SMT. SHIKHA ROY, KOLKATA

In the result, appeal of the revenue is dismissed

1) of the Act does not say from whom the consideration money is to be received for es not say from whom the consideration money is to be received for es not say from whom the consideration money is to be received for transfer of a capital asset and, further, transfer of a capital asset and, further, Section

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]

1) any profits of gain arising from the transfer of a capital asset effected in the previous year shall ,save as otherwise provided in Sections 54,54B, 54D, 54E, 54EA, 54EB, 54F

SMT SARBANI 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]

1) Where the capital gain arises from the transfer of a long-term capital asset (the capital asset so transferred being hereafter in this section referred to as the original asset) and the assessee has, at any time within a period of six months after the date of such transfer, invested the whole or any part of capital gains

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]

1) Where the capital gain arises from the transfer of a long-term capital asset (the capital asset so transferred being hereafter in this section referred to as the original asset) and the assessee has, at any time within a period of six months after the date of such transfer, invested the whole or any part of capital gains

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

In the result, the appeal of the assessee is allowed

1,88,317/- was\noffered to tax. The Id. AO noted that the said capital gain was utilized\nby purchase of land amounting to ₹2,80,70,000/- for construction of\nresidential house. The said amounts utilized out of capital gain are as\nunder:-\nSL No.\n1.\n2.\n3.\n4.\nAmount Invested\nPurchased of Land\nArchitect Fees\nDeposit in Capital

ACIT, CIR-I, SILIGURI, SILIGURI vs. MRS HARMEET KAUR, SILIGURI

In the result, the appeal of the revenue is partly allowed for statistical purposes

Bench: Hon’Ble Shri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1482/Kol/2014 Assessment Year : 2011-12 A.C.I.T., Cir-1, -Vs- Mrs. Harmeet Kaur Siliguri (Pan : Afupk 9262 M] (Respondent) (Appellant) For The Appellant : G. Mallikarjuna, Cit, Dr For The Respondent : Shri Subhash Agarwal, Advocate Date Of Hearing : 25.05.2017. Date Of Pronouncement : 24.07.2017 Order

Section 54F – Capital gain on transfer of certain capital assets not to be charged in case of investment in residential house (1

ITO, WARD - 2(3), SILIGURI, SILIGURI vs. SMT. SAROJ RANI GUPTA, SILIGURI

In the result, the appeal of the Revenue is dismissed

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri S.S. Viswanethra Ravi

capital gain under section 54F was disallowed by the Assessing Officer on two grounds. Firstly he held that the construction of new residential house, having not been completed within the stipulated period and the assessee having not got the possession of the said new house, the requirement for claiming exemption under section 54F was not satisfied. The ld. CIT(Appeals

SMT. ROMI LAHIRI,KOLKATA vs. DCIT, CIR-51, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

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

section 54F of the Act, and but for detection by the authorities in scrutiny proceedings, it could have gone unnoticed causing prejudice to the revenue. He argued that showing short term capital gain as long term capital gain itself is an act of furnishing inaccurate particulars. He prayed to dismiss the appeal of assessee. 7. Basing on the above arguments

SHRI VIJAY MAHIPAL,KOLKATA vs. ITO, WARD 4(4), KOLKATA, KOLKATA

In the result the appeal of the assessee is partly allowed

Bench: Hon’Ble Shri S.S.Godara, Jm & Hon’Ble Shri M.Balaganesh, Am] I.T.A No. 502/Kol/2017 Assessment Year : 2013-14 Shri Vijay Mahipal -Vs- Ito, Ward-4(4), Kolkata [Pan: Aekpm 9834 J] (Appellant) (Respondent)

capital gain by the assessee that the assessee had claimed exemption u/s 54F of the Act. Under section 54F (1

SMT. NILANJANA CHAKRABORTI,KOLKATA vs. DCIT, CIRCLE - 22, KOLKATA , KOLKATA

In the result, appeal of the assessee is allowed for statistical purposes

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi) Assessment Year: 2013-14 Smt. Nilanjana Chakraborti…………..………...........…………..……………….…...……..….…….....Appellant 99B, Kankulia Road Kolkata – 700 029 [Pan : Acupc 49992 P] Vs. Deputy Commissioner Of Income Tax, Circle-22, Kolkata.……......………………..........Respondent Appearances By: Shri Manish Tiwari, A/R, Appeared On Behalf Of The Assessee. Shri Robin Choudhury, Addl. Sr. D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : October 16Th , 2018 Date Of Pronouncing The Order : November 9Th , 2018 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-6, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 03/08/2017, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2013-14, On The Following Grounds:- “1. That On The Facts & In The Circumstances Of The Case, Ld. Cit(A) Has Erred In Holding The Erroneous Determination Of Long Term Capital Gain At Rs.72,50,000/- By Ld. Dcit On Erroneous Belief & Misconception Of Law By Denying The Benefit Claimed U/S 54F Of Income Tax Act, 1961 Of The Appellant. 2. That The Appellant Craves Leave To Add, Amend, Adduce Or Alter Any Ground Or Grounds On Or Before The Hearing Of The Appeal.”

section. Hence the benefit u/s -54F is disallowed. Penalty proceeding u/s.271(1)(C) is initiated for furnishing inaccurate particulars of income.” 2.1. On appeal, the ld. First Appellate Authority confirmed the denial of exemption u/s 54F of the Act. 3. The ld. Counsel for the assessee submits that the assessee earned long term capital gain

RAJIB CHAKRABORTY,KOLKATA vs. ITO- WARD-30(3), KOLKATA. , KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

gains either in purchasing the residential house or in constructing a residential house within the period stipulated in Section 54F(1), if the assessee wants the benefit of Section 54F, then he should deposit the said capital

LAKSHMI NARAYAN AGARWAL,KOLKATA vs. INCOME TAX OFFICER -WARD37(3), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri K. Narasimha Chary, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.01/Kol/2014 ("नधा"रण वष" / Assessment Year :2004-2005) Lakshmi Narayan Agarwal, Vs. The Income Tax Officer, “Sparsh”4Th Floor, 35/8, Ward-37(3), Kolkata- Poddopukur Road, Kolkata- 700001 700020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Acvpa 3271 C .. (अपीलाथ" /Appellant) (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri A.K.Tibrewal, Fca राज"व क" ओर से /Revenue By : Subhro Das, Jcit सुनवाई क" तार"ख / Date Of Hearing : 07/10/2016 घोषणा क" तार"ख/Date Of Pronouncement 19/10/2016 आदेश / O R D E R Per Dr.Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee Pertaining To The Assessment Year 2004-2005, Is Directed Against The Order Passed By Ld. Commissioner Of Income Tax (Appeals)-Xxiv, In Appeal No.1219/Cit(A)- Xxiv/Set-Aside/37(3)/12-13, Dated 19.12.2012, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S.147/143(3) Of The Income Tax Act (In Short The ‘Act’), Dated 29.12.2010. 2. Brief Facts Of The Case Qua The Assessee Are That The Assessee’S Income Tax Return For Assessment Year 2004-05 Was Assessed By Ao U/S.143(3) Of The Act. Subsequently, The Ao Detected That The Assessee Invested In A Property & Not Shown The Amount Of Capital Gain Of Rs.13,45,760/-. Therefore, The Ao Presumed That There Was An Excess Claim Of Rs.13,45,760/- U/S.54F Of It Act. Hence, Believing The Reason That Income Chargeable To Tax Escaped Assessment For The Year, The Ao Has Issued Notice U/S.148/147 Of The It Act. The Ao Observed That The Assessee Has Invested In A Property & Thus Claimed The Excess Amount

section 54F(4) of the Act is reproduced herein below:- Capital gain on transfer of certain capital assets not to be charged in case of investment in residential house. ) 54F (1

ACIT, CIR-22, KOLKATA, KOLKATA vs. MRS SHEELA CHOPRA, KOLKATA

Bench: Shri Aby.T Varkey & Shri Waseem Ahmedassessment Year :2006-07 Acit, Circle-22, 169 V/S. Mrs. Sheela Chopra, A.J.C. Bose Road, 8Th R-604, The Residency, Floor, Kolkata-14 City Centre, Block Dc, Sector-1, Salt Lake City, Kolkata-700 064 [Pan No.Abwpc 6131 D] .. अपीलाथ" /Appellant ""यथ"/Respondent

Sections 54, 54F, Secs. 54 and 54F of the IT Act, 1961, provide that capital gains arising on transfer of a long term capital asset shall not be charged to tax to the extent specified therein, where the amount of capital gain is invested in a residential house. In the case of purchase of a house, the benefit is available

JENNIFFER CHAKRAVARTY,SILIGURI vs. DCIT, CIR-3, SILIGURI, SILIGURI

In the result, the appeal filed by the Revenue (in ITA No

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.400/Kol/2016 ("नधा"रणवष" / Assessment Year: 2011-12) Dcit, Circle-1, Siliguri Vs. Smt. Jennifer Chakraborty St. Michael’S School, 2Nd Mile, Sevoke Road, Aayakar Bhawan, Paribahan Nagar, Matigra, Siliguri, Pin-734010. Siliguri "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acppc 9278 B (Revenue) .. (Assessee)

1. For that on the facts and in the circumstances of the case, the Ld. CIT(A) ought to have allowed the deduction u/s 54 of the Act amounting to Rs.22,87,429/- against capital gains arising out of sale of flats. 2. For that on the facts and in the circumstances of the case, the Ld. CIT(A) ought

DCIT, CIR-1, SILIGURI, SILIGURI vs. SMT JENNIFER CHAKRABORTY, SILIGURI

In the result, the appeal filed by the Revenue (in ITA No

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.400/Kol/2016 ("नधा"रणवष" / Assessment Year: 2011-12) Dcit, Circle-1, Siliguri Vs. Smt. Jennifer Chakraborty St. Michael’S School, 2Nd Mile, Sevoke Road, Aayakar Bhawan, Paribahan Nagar, Matigra, Siliguri, Pin-734010. Siliguri "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acppc 9278 B (Revenue) .. (Assessee)

1. For that on the facts and in the circumstances of the case, the Ld. CIT(A) ought to have allowed the deduction u/s 54 of the Act amounting to Rs.22,87,429/- against capital gains arising out of sale of flats. 2. For that on the facts and in the circumstances of the case, the Ld. CIT(A) ought