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9 results for “capital gains”+ Section 80A(5)clear

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Mumbai82Ahmedabad49Delhi36Bangalore36Hyderabad21Jaipur14Rajkot11Kolkata9Amritsar7Chennai6Pune6Lucknow6Guwahati5Surat4SC4Karnataka2Cochin2Nagpur2Indore1Telangana1

Key Topics

Section 10B22Section 10A19Section 143(3)16Section 80I16Deduction8Section 55A6Section 55Section 801A4Section 2(45)4Exemption

INDUSTRIAL INVESTMENT BANK OF INDIA LTD.,KOLKATA vs. DCIT, CIR-6, KOLKATA, KOLKATA

In the result, the appeal filed by the assessee is allowed for statistical

ITA 1416/KOL/2014[2004-2005]Status: DisposedITAT Kolkata05 Apr 2017AY 2004-2005

Bench: Shri N.V.Vasudevan Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.1416/Kol/2014 ("नधा"रण वष" / Assessment Year :2004-2005) Industrial Investment Bank Vs. Dcit, Circle-6, Kolkata, Of India Limited, Aayakar Bhawan, P-7, 19, Netaji Subhas Road, Chowringhee Square, Kolkata-700001 Kolkata-700001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabci 0324 D .. (अपीलाथ" /Appellant) (""यथ" / Respondent) राज"व क" ओर से /Revenue By : Shri Sanjay Bhattacharya,Fca "नधा"रती क" ओर से /Assessee By : Shri R.K.Kureel, Jcit सुनवाई क" तार"ख / Date Of Hearing : 28/02/2017 घोषणा क" तार"ख/Date Of Pronouncement 05/04/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: ` The Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2004-2005, Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)-Vi, Kolkata, In Appeal No.343/08-09/Cit(A)-Vi/Cir-6/Kol, Dated 29.04.2014, Which In Turn Arises Out Of An Order Passed By The Ao U/S.143(3) Of The Income Tax Act 1961, (Hereinafter Referred To As The ‘Act’), Dated 17.11.2006. 2. Brief Facts Of The Case Qua The Assessee Are That The Assessee Is A Public Sector Undertaking Bank & Its Operations Are Solely In The Segment Of Non-Banking Financial Intermediation Services. The Assessee Being A Financial Institution, Its Activities Are Subject To Guidelines Issued By The Reserve Bank Of India For Banking Companies. During The Financial Year Under Consideration, The Assessee Company Written Off A Sum Of Rs.1,42,48,266/- On Account Of Debts As Irrecoverable. The Assessee Is An Organization To Which The Provisions Of Section 36(1)(Viia) Is Applicable.

For Appellant: Shri R.K.Kureel, JCITFor Respondent: Shri Sanjay Bhattacharya,FCA
4
Disallowance2
Rectification u/s 1542
Section 143(3)
Section 2(45)
Section 36
Section 36(1)(viia)
Section 5

80A to 80VV (now deleted). The Chapter VI-A comes after section 72 relating to set off or brought forward business losses. In other words, total income is arrived at after reducing deduction under Chapter VI-A from gross total income which is worked out after considering set off of brought forward business losses. Therefore, the term 'total income' refers

M/S ERNST & YOUNG LLP,KOLKATA vs. CIT-3, KOLKATA, KOLKATA

In the result the appeal of the assessee is allowed

ITA 499/KOL/2015[2010-2011]Status: DisposedITAT Kolkata19 May 2017AY 2010-2011

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am] I.T.A No. 499/Kol/2015 Assessment Year : 2010-11 M/S. Ernst & Young Pvt. Ltd. -Vs.- C.I.T., Kol-3, Kolkata Kolkata. [Pan : Aabce 9188 P] (Respondent) (Appellant) For The Appellant : Shri B.N.Bajoria, Sr.Advocate Shri D.Ghosh, Fca For The Respondent : Shri Niraj Kumar, Cit(Dr) Date Of Hearing : 15.05.2017. Date Of Pronouncement : 19.05.2017. Order Per N.V.Vasudevan, Jm This Is An Appeal By The Assessee Against The Order Dated 18.03.2015 Of Cit- Kol-3, Kolkata Passed U/S 263 Of The Income Tax Act, 1961 (Act.).

For Appellant: Shri B.N.Bajoria, Sr.AdvocateFor Respondent: Shri Niraj Kumar, CIT(DR)
Section 10Section 10ASection 11Section 14Section 143(3)Section 2Section 263Section 4Section 5Section 60

Capital Loss of Rs.65,60,002/- and unabsorbed depreciation of Rs.7,57,84,990/- are to be carried forward for future set off. “ 8. The CIT in exercise of his powers u/s 263 of the Act was of the view that the aforesaid order of the AO was erroneous and prejudicial to the interest of the revenue for two reasons

SONALI ROY,KOLKATA vs. PCIT-17, KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

ITA 1329/KOL/2017[2012-13]Status: DisposedITAT Kolkata28 Feb 2018AY 2012-13

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2012-13 Sonali Roy V/S. Pr. Commissioner Of V-5, Block-B, Meena Income Tax-17, Residency, Baguihati, Maniktala, Uttarapan Kolkata-59 Complex, Civic Centre, [Pan No.Afppr 4436 P] Kolkata-54 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Manish Tiwari, Ar अपीलाथ" क" ओर से/By Appellant Shri G. Mallikarjuna, Cit-Dr ""यथ" क" ओर से/By Respondent 10-01-2018 सुनवाई क" तार"ख/Date Of Hearing 28-02-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- The Assessee Has Filed This Appeal Dispute The Order Of Pr. Commissioner Of Income Tax-17, Kolkata Passed U/S. 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 29.03.2017 Set Aside The Assessment Order Dated 25.03.2015 U/S 143(3) Of The Act For Assessment Year 2012-13 With A Direction To Re-Do The Assessment In Respect Of Issue Therein. The Assessee Has Raised Following Grounds:- “1. That The Findings Of Ld. Pr. Clt Kolkata-17 That Assessing Officer First Recorded His Decision Of Referring The Matter To Ova In The Order Sheet & Then Passing Of Order U/S 143(3) Was Recorded Do Not Support The Languages Used In Section 55A Of It Act, 1961 Which Speaks For Actual Reference To Dvo But Not "Decision" To Make Reference. 2. That The Ld. Pr. Cit, Kolkata-17 Having Admitted That Reference To Dvo & Passing Of Order U/S 143(3) Had Been Done On The Same Day Is Wrong & Unjustified In Drawing Conclusion That The Decision For Referring To Dvo Was Taken Before Passing Order U/S 143(3) Without Any Other Supporting Evidence.

Section 143(3)Section 263Section 55A

Gain on sale of the property as per law and revised assessment order should be passed.” ITA No.1329/Kol/2017 A.Y. 2012-13 Sonali Roy Vs. Pr. CIT-17 Kol. Page 8 Aggrieved by the above finding of Ld. Pr. CIT, the assessee is in appeal before the Tribunal. 4. Before us Ld. AR for the assessee submitted that Assessing Officer

ITO, WARD - 7(2), KOLKATA, KOLKATA vs. M/S. WIZARD ENTERPRISES PVT. LTD., KOLKATA

In the result, the appeals of the revenue are dismissed and cross objections of the assessee are allowed as stated above

ITA 628/KOL/2011[2007-08]Status: DisposedITAT Kolkata04 Mar 2016AY 2007-08

Bench: : Shri Mahavir Singh & Shri M. Balaganesh

For Appellant: Shri Subash Agarwal, Advocate, ld.ARFor Respondent: None appeared on behalf of the revenue
Section 10ASection 10BSection 143(3)

capital goods. The assessee has furnished the Registration under the Software Technology Park Scheme of India vide approval No. STPIM/PCMG/PSE/02/199-7492 dated 17.2.2003 registering the assessee as an 100% EOU. The copy of the said certificate is enclosed at pages 105 to 109 of the paper book alongwith the copy of the agreement entered into by the assessee company with STPI

I.T.O WD - 7(2),KOLKATA., KOLKATA vs. M/S WIZARD ENTERPRISES PVT LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

ITA 280/KOL/2013[2009-10]Status: DisposedITAT Kolkata29 Apr 2016AY 2009-10

Bench: : Shri S.S Viswanethra Ravi

For Appellant: Shri Subash Agarwal, Advocate, ld.ARFor Respondent: Shri Rajat Kumar Kureel, JCIT, ld.DR
Section 10ASection 10BSection 143(3)

capital goods. The assessee has furnished the Registration under the Software Technology Park Scheme of India vide approval No. STPIM/PCMG/PSE/02/199-7492 dated 17.2.2003 registering the assessee as an 100% EOU. The copy of the said certificate is enclosed at pages 105 to 109 of the paper book alongwith the copy of the agreement entered into by the assessee company with STPI

ITO, WARD - 8(2), KOLKATA , KOLKATA vs. M/S. WIZARD ENTERPRISE PVT. LTD., , KOLKATA

The appeals are dismissed

ITA 292/KOL/2018[2011-12]Status: DisposedITAT Kolkata28 Feb 2019AY 2011-12

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godaraassessment Year: 2011-12

Section 10ASection 10BSection 143(3)

capital goods. The assessee has furnished the Registration under the Software Technology Park Scheme of India vide approval No. STPIM/PCMG/PSE/02/199-7492 dated 17.2.2003 registering the assessee as an 100% EOU. The copy of the said certificate is enclosed at pages 105 to 109 of the paper book alongwith the copy of the agreement entered into by the assessee company with STPI

LIMTEX INFOTECH LTD.,,KOLKATA vs. ITO, WARD - 7(4), KOLKATA , KOLKATA

In the result, the appeals of the revenue are dismissed and cross objections of the assessee are allowed as stated above

ITA 1368/KOL/2017[2010-11]Status: DisposedITAT Kolkata05 Sept 2018AY 2010-11

Bench: Hon’Ble Shri S.S. Godara, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1368/Kol/2017 Assessment Year : 2010-11 Limtex Infotech Ltd. -Vs- Ito, Ward-7(4), Kolkata. [Pan: Aabcl 0088 R] (Appellant) (Respondent)

For Appellant: Shri J.M Thard, AdvocateFor Respondent: Shri Robin Chowdhury, Addl. CIT DR
Section 10BSection 14Section 143(3)

capital goods. The assessee has furnished the Registration under the Software Technology Park Scheme of India vide approval No. STPIM/PCMG/PSE/02/199-7492 dated 17.2.2003 registering the assessee as an 100% EOU. The copy of the said certificate is enclosed at pages 105 to 109 of the paper book alongwith the copy of the agreement entered into by the assessee company with STPI

DCIT, CENTRAL CIRCLE - 3(3), KOLKATA vs. M/S. KAUSHALYA INFRASTRUCTURE DEVELOPMENT CORPORATION LTD., KOLKATA

In the result, both the appeals of the assessee are treated as partly allowed

ITA 2544/KOL/2018[2007-08]Status: DisposedITAT Kolkata01 May 2023AY 2007-08

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.2543&2544/Kol/2018 Assessment Years: 2006-07 & 2007-08 Dcit, Central Circle-3(3), Kolkata............................................……Appellant Vs. M/S Kaushalya Infra. Development Corp. Ltd.........…….....…..…..Respondent Hb-170, Sector-Iii, Salt Lake City, Kolkata-700106. [Pan: Aacck1581F] Appearances By: Shri P. P Barman, Addl. Cit-Dr, Appeared On Behalf Of The Appellant. Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 05, 2023 Date Of Pronouncing The Order : May 01, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: Both The Appeals Have Been Preferred By The Revenue Against The Separate Orders Dated 28.09.2018 Of The Commissioner Of Income Tax (Appeals)-21, Kolkata [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since, Common Issues Are Involved In Both The Appeals, Hence These Have Been Heard Together & Are Being Disposed Of By This Common Order. The Appeal In Ita No.2543/Kol/2018 For Assessment Year 2006-07 Is Taken As Lead Case For The Purpose Of Narration Of Facts. 2. The Brief Facts Of The Case Are That The Original Assessment In The Case Of The Assessee Was Completed U/S 143(3) Of The Act On 31.12.2008. In The Said Assessment, The Claim Of Deduction U/S 80Ia(4) Of Rs.

Section 143(3)Section 250Section 801ASection 80I

Capital Gains Tax, though originally he had subjected himself to the said tax as per his return of income. The AO is directed to process the claim of refund in this respect as per provisions of the law.” 6. In view of the aforesaid settled proposition of law, we do not find any infirmity in the order

DCIT, CENTRAL CIRCLE - 3(3), KOLKATA vs. M/S. KAUSHALYA INFRASTRUCTURE DEVELOPMENT CORPORATION LTD., KOLKATA

In the result, both the appeals of the assessee are treated as partly allowed

ITA 2543/KOL/2018[2006-07]Status: DisposedITAT Kolkata01 May 2023AY 2006-07

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.2543&2544/Kol/2018 Assessment Years: 2006-07 & 2007-08 Dcit, Central Circle-3(3), Kolkata............................................……Appellant Vs. M/S Kaushalya Infra. Development Corp. Ltd.........…….....…..…..Respondent Hb-170, Sector-Iii, Salt Lake City, Kolkata-700106. [Pan: Aacck1581F] Appearances By: Shri P. P Barman, Addl. Cit-Dr, Appeared On Behalf Of The Appellant. Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 05, 2023 Date Of Pronouncing The Order : May 01, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: Both The Appeals Have Been Preferred By The Revenue Against The Separate Orders Dated 28.09.2018 Of The Commissioner Of Income Tax (Appeals)-21, Kolkata [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since, Common Issues Are Involved In Both The Appeals, Hence These Have Been Heard Together & Are Being Disposed Of By This Common Order. The Appeal In Ita No.2543/Kol/2018 For Assessment Year 2006-07 Is Taken As Lead Case For The Purpose Of Narration Of Facts. 2. The Brief Facts Of The Case Are That The Original Assessment In The Case Of The Assessee Was Completed U/S 143(3) Of The Act On 31.12.2008. In The Said Assessment, The Claim Of Deduction U/S 80Ia(4) Of Rs.

Section 143(3)Section 250Section 801ASection 80I

Capital Gains Tax, though originally he had subjected himself to the said tax as per his return of income. The AO is directed to process the claim of refund in this respect as per provisions of the law.” 6. In view of the aforesaid settled proposition of law, we do not find any infirmity in the order