ACIT, CIR-35, KOLKATA, KOLKATA vs. SHRI MANOJ MURARKA, KOLKATA

In the result, the appeal of revenue is dismissed

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And "ी वसीम अहमद, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Shri Waseem Ahmed, Am]

viii) : it claims exemption because the receipt is not income which is chargeable to tax under Section 12 under the head 'Dividend'. The case of Mrs. Bacha F. Guzdar v. CIT [1955] 27 ITR 1 (SC) has, therefore, no application to this case." Capital gain, in fact, is made taxable by Section 45 of the Income

SEEMA SUREKA,KOLKATA vs. DCIT, CENTRAL CIRCLE - 3(3), KOLKATA

Appeal of the assessee is partly allowed

gain since the rate of\ntax prevailing for this assessment year was 30% u/s 115BBE of the Act.\nThis rate was enhanced to 60% from AY 2017-18 only. While the issue of\ntaxation would at best be a secondary consideration in deciding the merit\nof the case, it does have a certain persuasive value considering that the\nimpugned amount

ACIT(E), CIR -1, KOLKATA, KOLKATA vs. WEST BENGAL TRANSPORT WORKERS SOCIAL SECURITY SCHEME, KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Sh. P.M.Jagtap & Sh.S.S.Viswanethra Raviacit(E), Vs West Bengal Transport Workers Circle-1, 5Th Floor, Social Security Scheme, 10B, Middleton Row, 6, Church Lane, 4Th Floor, Kolkata-700071. Kolkata-700001. Pan-Aaalw0133G (Appellant) (Respondent) Appellant By Sh. Sankar Halder, Addl. Cit, Sr.Dr Respondent By Sh.S.M.Surana, Advocate Date Of Hearing 29.11.2018 Date Of Pronouncement 26.02.2019 Order Per S.S. Viswanethra Ravithis Appeal Filed By The Revenue Against The Order Dated 26.04.2016 Passed By Cit(A)-25, Kolkata For Ay 2011-12 Of The Income Tax Act, 1961 (In Short “Act”).

capital gains chargeable under section 45 ; (vii) the profits and gains of any business of insurance carried on by a mutual insurance company or by a co- operative society, computed in accordance with section 44 or any surplus taken to be such profits and gains by virtue of provisions contained in the First Schedule ; (viia) the profits and gains

ITO, WD-1(4), KOLKATA, KOLKATA vs. M/S ORCHID GRIHA NIRMAN PRIVATE LTD., KOLKATA

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

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S. Viswanethra Ravi, Jm] I.T.A No. 569/Kol/2015 Assessment Year : 2006-07 Ito, Ward-1(4), Kolkata -Vs- M/S Orchid Griha Nirman Pvt. Ltd. [Pan: Aaaco 7148 L ] (Appellant) (Respondent)

viii) Further the cost of aforesaid "Land" asset, after transfer by way of Capital contribution Partnership Fir viz., "M/s Salarpuria Soft Zone", has been shown by the assessee "Investment: 'Capital investment', in Partnership firm" by the assessee in its accounts. ix) The reflection of such/aforesaid "Land" asset as a 'Current asset' in the books. of account of the assessee company

ITO, WD-1(4), KOLKATA, KOLKATA vs. M/S BLUE HEAVEN GRIHA NIRMAN PVT. LTD., KOLKATA

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

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 570/Kol/2015 Assessment Year : 2006-07 Ito, Ward-1(4), Kolkata -Vs- M/S Blue Heaven Griha Nirman Pvt. Ltd. [Pan: Aaccb 3287 F ] (Appellant) (Respondent)

viii) Further the cost of aforesaid "Land" asset, after transfer by way of Capital contribution Partnership Fir viz., "M/s Salarpuria Soft Zone", has been shown by the assessee "Investment: 'Capital investment', in Partnership firm" by the assessee in its accounts. ix) The reflection of such/aforesaid "Land" asset as a 'Current asset' in the books. of account of the assessee company

ITO, WD-1(4), KOLKATA, KOLKATA vs. M/S COMMAND CONSTRUCTIONS PVT. LTD., KOLKATA

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

Bench: Hon’Ble Shri A T Varkey, Jm & Shri M.Balaganesh, Am] I.T.A No. 571/Kol/2015 Assessment Year : 2006-07 Ito, Ward-1(4), Kolkata -Vs- M/S Command Constructions Private Ltd. [Pan: Aaccc5075A ] (Appellant) (Respondent)

viii) Further the cost of aforesaid "Land" asset, after transfer by way of Capital contribution Partnership Fir viz., "M/s Salarpuria Soft Zone", has been shown by the assessee "Investment: 'Capital investment', in Partnership firm" by the assessee in its accounts. ix) The reflection of such/aforesaid "Land" asset as a 'Current asset' in the books. of account of the assessee company

M/S. VODAFONE ESSAR EAST LIMITED,KOLKATA vs. ACIT, CIRCLE - 7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

VIII, Kolkata (hereinafter referred to as the ‘learned CIT(A)’ erred in confirming the action of the learned Additional Commissioner of Income Tax, Range 7, Kolkata (hereinafter referred to as the ‘learned Assessing Officer') in not allowing set-off of Rs.373,512,000 under clause (iii) of Explanation 1 to sub-section (2) of Section 115JB of the Income

ACIT, CIRCLE - 7, KOLKATA vs. HUTCHISON TELECOM EAST LIMITED, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

VIII, Kolkata (hereinafter referred to as the ‘learned CIT(A)’ erred in confirming the action of the learned Additional Commissioner of Income Tax, Range 7, Kolkata (hereinafter referred to as the ‘learned Assessing Officer') in not allowing set-off of Rs.373,512,000 under clause (iii) of Explanation 1 to sub-section (2) of Section 115JB of the Income

DCIT, CIRCLE - 7, KOLKATA, KOLKATA vs. VODAFONE ESSAR EAST LIMITED, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

VIII, Kolkata (hereinafter referred to as the ‘learned CIT(A)’ erred in confirming the action of the learned Additional Commissioner of Income Tax, Range 7, Kolkata (hereinafter referred to as the ‘learned Assessing Officer') in not allowing set-off of Rs.373,512,000 under clause (iii) of Explanation 1 to sub-section (2) of Section 115JB of the Income

ACIT, CIRCLE - 7, KOLKATA vs. VODAFONE ESSAR EAST LTD., KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

VIII, Kolkata (hereinafter referred to as the ‘learned CIT(A)’ erred in confirming the action of the learned Additional Commissioner of Income Tax, Range 7, Kolkata (hereinafter referred to as the ‘learned Assessing Officer') in not allowing set-off of Rs.373,512,000 under clause (iii) of Explanation 1 to sub-section (2) of Section 115JB of the Income

M/S. VODAFONE ESSAR EAST LIMITED,KOLKATA vs. ACIT, CIRCLE - 7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

VIII, Kolkata (hereinafter referred to as the ‘learned CIT(A)’ erred in confirming the action of the learned Additional Commissioner of Income Tax, Range 7, Kolkata (hereinafter referred to as the ‘learned Assessing Officer') in not allowing set-off of Rs.373,512,000 under clause (iii) of Explanation 1 to sub-section (2) of Section 115JB of the Income

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. JCIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

VIII, Kolkata (hereinafter referred to as the ‘learned CIT(A)’ erred in confirming the action of the learned Additional Commissioner of Income Tax, Range 7, Kolkata (hereinafter referred to as the ‘learned Assessing Officer') in not allowing set-off of Rs.373,512,000 under clause (iii) of Explanation 1 to sub-section (2) of Section 115JB of the Income

M/S VODAFONE EAST LIMITED (FORMERLY KNOWN AS VODAFONE ESSAR EAST LIMITED),KOLKATA vs. ACIT, CIR-7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

VIII, Kolkata (hereinafter referred to as the ‘learned CIT(A)’ erred in confirming the action of the learned Additional Commissioner of Income Tax, Range 7, Kolkata (hereinafter referred to as the ‘learned Assessing Officer') in not allowing set-off of Rs.373,512,000 under clause (iii) of Explanation 1 to sub-section (2) of Section 115JB of the Income

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. ADDL. CIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

VIII, Kolkata (hereinafter referred to as the ‘learned CIT(A)’ erred in confirming the action of the learned Additional Commissioner of Income Tax, Range 7, Kolkata (hereinafter referred to as the ‘learned Assessing Officer') in not allowing set-off of Rs.373,512,000 under clause (iii) of Explanation 1 to sub-section (2) of Section 115JB of the Income

DCIT, CIR-10, KOLKATA, KOLKATA vs. M/S ICI INDIA LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

capital gain / loss’ as a result of sale of undertaking. The AO also found that same practice was followed by Revenue in case of assessee in earlier years. So, AO has disallowed the same and added to total income of assessee. Aggrieved, assessee preferred appeal before Ld. CIT(A) who has upheld the action of AO by observing as under

ICI INDIA LTD.,KOLKATA vs. DCIT, CIR-10, KOLKATA, KOLKATA

In the result, Revenue’s appeal is dismissed

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

capital gain / loss’ as a result of sale of undertaking. The AO also found that same practice was followed by Revenue in case of assessee in earlier years. So, AO has disallowed the same and added to total income of assessee. Aggrieved, assessee preferred appeal before Ld. CIT(A) who has upheld the action of AO by observing as under

ACIT, CIR-10, KOLKATA, KOLKATA vs. M/S ICI INDIA LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

capital gain / loss’ as a result of sale of undertaking. The AO also found that same practice was followed by Revenue in case of assessee in earlier years. So, AO has disallowed the same and added to total income of assessee. Aggrieved, assessee preferred appeal before Ld. CIT(A) who has upheld the action of AO by observing as under

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

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

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 for Assessment year 2003-04 and dated 29/12/2004 for A.Y. 2001-02. The impugned orders were emanated from the order of the Ld.DCIT, Circle-8, Kolkata