DR. B.G. MEMORIAL TRUST,KOLKATA vs. CIT, (EXEMPTION), KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmeddr. B.G. Memorial Trust V/S. Cit (Exemption), 10B, Middleton Row, 6Th 6/1 Sarat Chatterjee Avenue, Kolkat-29 Floor, Kolkata-71 [Pan No.Aaatd 5235 A]

102 wherein it was held as under:- “Under Section 12AA of the Act, the Commissioner, at the relevant time in the year 1999 had called for all documents and information from the respondent- assessee to satisfy himself about the genuineness of the activities of the institution and after making enquires had passed the order registering the said institution and giving

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. PHILLIPS CARBON BLACK LTD, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

102,48,62,650/- which was claimed as deduction u/s 80-IA of the Act. On perusal of the order of the Ld. TPO, it shall be noted that he had rejected the assessee's benchmarking methodology by relying on to the decision of Hon'ble Calcutta High Court in the case of ITC Limited (supra) and has followed

PRAMOD LAKRA,DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -11(1), KOLKATA, KOLKATA vs. PHILIPS CARBON BLACK LTD , KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

102,48,62,650/- which was claimed as deduction u/s 80-IA of the Act. On perusal of the order of the Ld. TPO, it shall be noted that he had rejected the assessee's benchmarking methodology by relying on to the decision of Hon'ble Calcutta High Court in the case of ITC Limited (supra) and has followed

PRAMOD LAKRA,DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 11(1), KOLKATA, KOLKATA vs. PHILLIPS CARBON BLACK LTD., KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

102,48,62,650/- which was claimed as deduction u/s 80-IA of the Act. On perusal of the order of the Ld. TPO, it shall be noted that he had rejected the assessee's benchmarking methodology by relying on to the decision of Hon'ble Calcutta High Court in the case of ITC Limited (supra) and has followed

PCBL LIMITED,KOLKATA vs. A.C.I.T., CIRCLE - 11(1),, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

102,48,62,650/- which was claimed as deduction u/s 80-IA of the Act. On perusal of the order of the Ld. TPO, it shall be noted that he had rejected the assessee's benchmarking methodology by relying on to the decision of Hon'ble Calcutta High Court in the case of ITC Limited (supra) and has followed

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 11(1), KOLKATA, KOLKATA vs. PHILLIPS CARBON BLACK LTD, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

102,48,62,650/- which was claimed as deduction u/s 80-IA of the Act. On perusal of the order of the Ld. TPO, it shall be noted that he had rejected the assessee's benchmarking methodology by relying on to the decision of Hon'ble Calcutta High Court in the case of ITC Limited (supra) and has followed

SARLABEN BHANSALI CHARITIES TRUST,KOLKATA vs. CIT(EXEMPTIONS), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

charitable trust. It filed its return for A.Y. 2009-10 on 11.10.2010 declaring NIL income. The Assessing Officer issued a notice under section 148 and thereafter completed the 2 I.T.A. No. 663 & 76/Kol/2016 Assessment Year: 2010-11 Sarlaben Bhansali Charities Trust assessment under section 147 r.w.s. 143(3) & Income Tax Act, 1961 (Act) determining the total income

SARLABEN BHANSALI CHARITIES TRUST,KOLKATA vs. CIT, (EXEMPTIONS), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

charitable trust. It filed its return for A.Y. 2009-10 on 11.10.2010 declaring NIL income. The Assessing Officer issued a notice under section 148 and thereafter completed the 2 I.T.A. No. 663 & 76/Kol/2016 Assessment Year: 2010-11 Sarlaben Bhansali Charities Trust assessment under section 147 r.w.s. 143(3) & Income Tax Act, 1961 (Act) determining the total income

ALLAHABAD BANK,KOLKATA vs. ADD.CIT,RANGE-6, KOLKATA, KOLKATA

In the result the appeal of the revenue is dismissed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ] Assessment Year : 2008-09

Charitable Trust, the assessee bank has claimed the amount as 100% deduction under section 35AC of the Income-tax Act as the donee institution is recognized under section 35AC. The submission of the assessee has been carefully considered. In view of the judgement of the Hon 'ble Supreme Court in the case of Goetze (India

M/S DHAMEJA MINING,SIKKIM vs. ITO, WD-2(4), ASANSOL, ASANSOL

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

Bench: : Shri M.Balaganesh & Shri S.S.Viswanethra Ravi

Charitable Trust Vs WTO & Ors. (All) 222 ITR 523] b. Special Leave petition dismissed with speaking order is declaration of law by Supreme Court - After rejection of SLP, lower Courts can review its order - Once SLP is admitted, lower Courts have no jurisdiction to review the order [Kunhayammed & Ors. Vs State of Kerala

DCIT, CIR-12, KOLKATA, KOLKATA vs. M/S THE DIAMOND COMPANY LTD., KOLKATA

In the result, Revenue’s appeal stands dismissed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Years:2009-10

Charitable Trust [1994] 206 ITR 152/73 Taxman 380(Cal). Redemption of ITA No.326/Kol/2014 A.Y. 2009-10 DCIT Cir-12 Kol. vs. M/s The Diamond Co. Ltd. Page 4 preference shares by a company; squarely comes within the phrase ‘sale, exchange, or relinquishment of the asset’ and, consequently, it is treated as transfer – Anarkali Sarabhai v. CIT [1977] 90 Taxman

SWASTHYA SEWA SANSTHAN,KOLKATA vs. I.T.O.WARD-1(3)(EXEMPTION), KOLKATA

In the result, the appeal of the appellant Trust stands allowed

Bench: Sri Sanjay Garg & Sri Rajesh Kumar)

Trust vide its letter dated 21.12.2018 replied as under: “i. The assessee society is running a medical institution being a dispensary located at 102, Muktaram Babu Street, Kolkata. Doctors from both Allopathy and Homoeopathy disciplines visit the Medical Institution at fixed time and number of patients averaging 50 patient approx per day are provided treatment for illness. Such Medical consultancy