ACIT, CIRCLE - 4(1), KOLKATA, KOLKATA vs. M/S. M.K. SHAH EXPORTS LTD.,, KOLKATA

In the result, the appealof the Revenue (ITA No

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1903/Kol/2017 ("नधा"रणवष" / Assessment Year: 2013-14) M/S. M. K. Shah Exports Ltd. Vs. A.C.I.T, Circle-4(1), Kolkata P-7, Chowringhee Square, 8Th Floor, 2/2. Justice Dwarkanath Road, Kolkata – 700 020. Kolkata – 700 069. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aaccm 0884 H (Assessee) .. (Respondent) आयकरअपीलसं./Ita No.1974/Kol/2017 ("नधा"रणवष" / Assessment Year: 2013-14) M/S. M. K. Shah Exports Ltd. A.C.I.T, Circle-4(1), Kolkata Vs. P-7, Chowringhee Square, 8Th Floor, 2/2. Justice Dwarkanath Road, Kolkata – 700 069. Kolkata – 700 020. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aaccm 0884 H (Assessee) .. (Respondent) Assessee By :Shri S. Jhajharia, Ar Revenue By :Shrisaurabh Kumar, Addl. Cit (Sr. Dr) सुनवाईक"तार"ख/ Date Of Hearing : 23/08/2018 घोषणाक"तार"ख/Date Of Pronouncement : 16/10/2018

Charitable Trust ( institution) has become taxable for any technical reason and also the Ld. AO did not mention that the certificate issued under section 80G(5)(v) has been cancelled by the Income Tax Department. Under these circumstances the deduction under section 80G of the Act cannot be denied to the assessee company.We also note that subsequent to the donation

DDIT (EXEMPTIONS)-I/KOL, KOLKATA vs. DEVI KAMAL TRUST ESTATE, KOLKATA

In the result the appeal by the revenue is partly allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ]

section 11(1)(a). The Hon’ble Rajasthan High Court ruled that the said application of the income for charitable or religious purpose takes place in the year in which the income is adjusted to meet the expenses incurred for charitable or religious purposes. In other words, even if the expenses for charity have been incurred in the earlier year

ITO, (E) -II, KOLKATA, KOLKATA vs. DEBI KAMAL ESTATE TRUST, KOLKATA

In the result, appeal filed by the Revenue on ground No

Bench: Shri S.S.Viswanethra Ravi, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.862/Kol/2013 ("नधा"रण वष" /Assessment Year:2004-05) Ito(E)-Ii Vs. Debi Kamal Estate Trust, Kolkata 5Th , 10B, 7, Queens Park, Middleton Row, Kolkata-700020 Kolkata-700071 "थायी लेखा सं./जीआइआर सं./Pan/Gir No.: Aaatd 7600 F .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

Section 144/147 of the Income Tax Act, 1961 (hereinafter referred to as the Act) dated, 09.07.2009 2 Co.No.68/Kol/2013 Debi Kamal Estate Trust 2. Brief facts of the case qua the assessee are that the assessee filed its return of income for assessment year 2004-05 on dated 31.03.2005 declaring total income at Nil. The Return of income

M/S. CALCUTTA CRICKET & FOOTBALL CLUB,KOLKATA vs. ITO, EXEMPTION, WARD 1(1). KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri A. T. Varkey, Jm & Shri M. Balaganesh, Am]

trust for a public charitable purpose and the income therefrom is utilised for the promotion of sports and games. The admission fee received from the corporate members is actually a capital or corpus receipt [Please see the judgment of the Hon'ble Bombay High Court in CIT -vs- Diners Business Services Pvt. Ltd., [2003) 263 ITR 1 (Bom)], If such

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

276,01,94,417 under section 36(1 )(viia) as referred to in Ground No.1 as above in disregard of the decision of Hon'ble Income tax Appellate Tribunal, Bangalore Bench in the case of Syndicate Bank (78 ITD 103) and relying solely on the CBDT's Instruction No.17 of 2008 dated 26.11.2008.” 3. The Assessee is a nationalised bank

M/S BENGAL SHRISTI INFRASTRUCTURE DEVELOPMENT LIMITED,DURGAPUR vs. ACIT, CIRCLE-2, DURGAPUR, DURGAPUR

In the result, appeal of the assessee is allowed in part

section 80IB(10)(d), the action of the A.O. for disallowing deduction of 80IB is upheld and the ground of appeal is dismissed.” 3. Aggrieved the assessee is before us. Only two grounds of appeal have been raised. The first is against the denial of the claim of deduction u/s 80-IB(10) of the Act and the second

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