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

In the result, the appeal of the assessee is allowed

section 54G, which grants\nexemption on account of investment of capital gain earned from sale proceed of\nindustrial undertaking, in another

D.C.I.T CIR - 6,KOLKATA, KOLKATA vs. M/S KILBURN ENGINEERING LTD, KOLKATA

In the result, appeal by the revenue is dismissed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ] Assessment Year : 2009-10

54G. (1) Subject to the provisions of sub-section (2), where the capital gain arises from the transfer of a capital

M/S SRINATH JI FURNISHING PVT. LTD.,KOLKATA vs. PR.CIT-5, KOLKATA , KOLKATA

In the result, both the appeals of the assessees (In ITA No

Bench: Shri A.T, Varkey, Jm & Dr. A.L. Saini, Am M/S. Raipur Steel Casting India (P) Ltd. Vs. P.C.I.T.,-5, Kolkata Pan: Aaacg 8490M (अपीलाथ" /Appellant) (""यथ" / Respondent) ..

54G(2) is “which is not utilized by him for all or any of the purposes aforesaid….”. It is clear that for the assessment year in question all that is required for the assessee to avail of the exemption contained in the Section is to “utilize” the amount of capital gains

RAIPUR STEEL CASTING INDIA (P)) LTD.,KOLKATA vs. PR.CIT-5, KOLKATA

In the result, both the appeals of the assessees (In ITA No

Bench: Shri A.T, Varkey, Jm & Dr. A.L. Saini, Am M/S. Raipur Steel Casting India (P) Ltd. Vs. P.C.I.T.,-5, Kolkata Pan: Aaacg 8490M (अपीलाथ" /Appellant) (""यथ" / Respondent) ..

54G(2) is “which is not utilized by him for all or any of the purposes aforesaid….”. It is clear that for the assessment year in question all that is required for the assessee to avail of the exemption contained in the Section is to “utilize” the amount of capital gains

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

54G, 8 A. R. Suphonates Pvt Ltd. AY 2017-18 section 54GA and explanation to section 269UA(d) wherein specific reference is made to rights in or with respect to any building or part thereof or specific mentions as “building or land or any rights in building or land”. On the strength of this specific reference in certain sections

D.C.I.T. CIR - 8,KOLKATA, KOLKATA vs. M/S PATTON DEVELOPERS PVT LTD, KOLKATA

In the result, appeal filed by Revenue is dismissed

Bench: Shri N.V. Vasudevan & Shri Waseem Ahmedassessment Year :2009-10 Dcit, Circle-8, Aayakar V/S. Patton Developers Pvt. Bhawan, 5Th Floor, P-7, Ltd., 3C, Camac Street, Chowringhee Square, Kolkata – 700 016 Kolkata-69 [Pan No.Aabct 2076 H] .. अपीलाथ" /Appellant ""यथ"/Respondent

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 [54G

ACIT,CIRCLE-8(2), KOLKATA, KOLKATA vs. M/S PATTON DEVELOPERS PVT. LTD., KOLKATA

In the result the appeal of the revenue is dismissed

Bench: Hon’Ble Shri P.M.Jagtap, Am & Shri S.S.Viswanethra Ravi, Jm ] Assessment Year : 2011-12

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 [54G

M/S SINGHA EXIM,NADIA vs. ITO, (SYSTEM)IV, KOLKATA, ITO, WD-3, NADIA,

In the result, appeal of the Assessee is allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm ] I.T.A No.265/Kol/2015 Assessment Year : 2007-08

Capital Gains under section 54 F, and if there is information in the return of income or accompanying accounts or documents to show that the unutilized consideration has not been deposited in an account specified in the scheme as stipulated under section 54F(4), the claim is incorrect and should be disallowed as prima facie adjustment. (b) any claim