M/S. FUTURE DISTRIBUTORS,KOLKATA vs. PR.CIT, KOLKATA - 9, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

depreciation and interest, the total income of the assessee from the business of dealing in lottery tickets was determined by the Assessing Officer at Rs.1,72,96,81,920/- for the year under consideration in the assessment completed under section 143(3)/144 vide an order dated 22.03.2013. 5. The records of the assessment made under section 143(3)/144

SURESH KUMAR PODDAR,KOLKATA vs. I.T.O., WARD - 63(4), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

Bench: SHRI RAJESH KUMAR (Accountant Member)

depreciation allowance or any other al- lowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year): Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall

DIPAK KUMAR DASBHOWMIK,PASCHIM MIDNAPORE vs. I.T.O., WARD - 38(1), MIDNAPORE , PASCHIM MIDNAPORE

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year) : Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall

D.C.I.T., CIRCLE-10, KOLKATA, KOLKATA vs. M/S VATICAN COMMERCIAL LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

3) will not render the Assessing Officer powerless to initiate reassessment proceedings even when intimation under section 143(1)(a) had been issued - CIT v.Raiesh Jhaveri Stock Brokers (P)Ltd., [2007J 161 Taxman 316 (SC). The appellant's case is covered by condition No.2. The re-assessment proceedings have been initiated after the expiry of four years. There

ITO,WARD-11(1), KOLKATA, KOLKATA vs. M/S. SREI CAPITAL MARKETS LTD., KOLKATA

In the result, Revenue’s appeal is dismissed as infructuous

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2008-09

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year): Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall

JCIT (OSD), CIR- 11(1), , KOLKATA vs. M/S. GOBIND SUGAR MILLS LTD. , KOLKATA

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

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Ble

3) The loss and depreciation referred to in clause (ii) and clause (iii) of sub-section (2) shall be deemed to have been given full effect to and no further deduction for such loss or depreciation shall be allowed for any subsequent year: Provided that where there is a depreciation allowance in respect of a block of asset which

H,L.G.MEMORIAL HOSPITAL (P) LTD.,ASANSOL vs. A.C.I.T., CIRCLE-2, ASANSOL

In the result appeal of the assessee is allowed

Bench: Sri J. Sudhakar Reddy, Hon’Ble) Assessment Years: 2007-08 Hlg Memorial Hospital Pvt. Ltd….………........................................................……………….…......Appellant Sen Railegh Road Asansol – 713 305 West Bengal [Pan : Aabch 3927 P] Vs. Asstt. Commissioner Of Income Tax, Circle-2, Asansol……………….............….……....…....Respondent Appearances By: Shri K.M. Roy, Fca, Appeared On Behalf Of The Assessee. Shri Jayanta Khanra, Jcit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 27Th, 2020 Date Of Pronouncing The Order : March 13Th , 2020 Order Per J. Sudhakar Reddy, Am :-

depreciation to the tune of Rs.6,98,555/- liable for addition to the liable for addition to the total income chargeable to income tax. As such, I have the reason to believe total income chargeable to income tax. As such, I have the reason to believe total income chargeable to income tax. As such, I have the reason to believe

NEW TEA CO. LTD.,KOLKATA vs. PCIT -2, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Depreciation : 1,18,38,520/- : 1,70,36,81,764/- Profit before Taxation : 3,87,04,912/- 4 Now, the Schedule-M of Rs. 7,80,74,841/- contains Rs. 3,51,30,045/- of export incentive amongst others. This only shows that the figure, of Rs. 3,87,04,912/- which the assessee company has started with

ACIT, CENTRAL CIRCLE - 4(3), KOLKATA vs. M/S. GRD COMMODITIES LTD., , KOLKATA

In the result, the appeals of the Revenue are dismissed and the cross objections of assessee are allowed

Bench: Shri P.M. Jagtap(Kz) &Shri A. T. Varkey, Jm] It(Ss)A Nos.120 To123/Kol/2018 Assessment Years: 2009-10 To 2012-13

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year) : Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall

DCIT, CIRCLE - 10(2), KOLKATA , KOLKATA vs. M/S. V2 RETAIL LTD., NEW DELHI

In the result, the appeal of the assessee is allowed and the appeal of the Revenue is dismissed

Bench: Shri J. Sudhakar Reddy & Shri S.S. Godara]

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year): Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall

V2 RETAIL LTD.,KOLKATA vs. DCIT, CIRCLE - 10(2), KOLKATA , KOLKATA

In the result, the appeal of the assessee is allowed and the appeal of the Revenue is dismissed

Bench: Shri J. Sudhakar Reddy & Shri S.S. Godara]

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year): Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall

MACKINTOSH BURN LTD., ,KOLKATA vs. DCIT, CIRCLE - 11(2), KOLKATA , KOLKATA

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

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1736/Kol/2017 ("नधा"रणवष" / Assessment Year: 2007-08)

3,56,22,546/- (as per revised return filed on 30.09.2009). It was noticed from the records that assessee company had incomes from business and house property. From depreciation schedule as annexed with the Tax Audit Report it was noticed by the AO that the allowable depreciation on building as per Income

DCIT,CIRCLE-1, KOLKATA, KOLKATA vs. M/S CHEVIOT CO. LTD., KOLKATA

In the result, the appeals of revenue are dismissed and COs of assessee are allowed

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

depreciation allowance or any other allowance, as the case may be, for the assess- ment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year) : Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall

DAMODAR VALLEY CORPORATION,KOLKATA vs. ADDL. CIT, RANGE - 9, KOLKATA, KOLKATA

Accordingly, the ground nos. 8 & 9 in ITA No. 451/Kol/2013 raised by the assessee are allowed

Bench: : Shri N.V. Vasudevan & Shri M. Balaganeshita No. 1622/Kol/2011 A.Y 2008-09

depreciation, for which financial year or part of such financial year falling within or relevant previous year. 16. Only those companies, which are engaged in the generation or supply of electricity, will come within the ambit of section 616 of the Companies Act. For that it is necessary that assessee must be a company. If assessee is not a company

DCIT, CIRCLE - 3(1), , KOLKATA vs. M/S. THE PEERLESS GENERAL FINANCE & INVESTMENT CO. LTD.,, KOLKATA

In the result, the appeal of Revenue is dismissed

Bench: "ी जे. सुधाकर रे"डी, लेखा सद"य एवं/And "ी ऐ. ट". वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year) : Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall

ACIT/DCIT, CIRCLE-6(1), KOLKATA,KOLKATA vs. M/S LARK WIRES & INFORTECH LTD., KOLKATA

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

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 145/Kol/2017 Assessment Year : 2009-10 Acit/Dcit, Circle-6(1), Kolkata -Vs- M/S Lark Wires & Infotech Ltd. [Pan: Aaacv 9133 G ] (Appellant) (Respondent)

139(3) read with section 80 of the Act. The ld. AO however allowed the carry forward of unabsorbed depreciation

CEEBUILD COMPANY PVT. LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-1(2), KOLKATA

In the result, the appeal of assessee is allowed

Bench: Shri A. T. Varkey & Shri Manoj Kumar Agarwal]

depreciation allowance or any other allowance or deduction for such assessment year (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year). Ceebuild Company Pvt. Ltd., AY 2010-11 Provided that where an assessment under sub-section (3) of Section 143 or this section has been made for the relevant assessment year

DCIT, CIRCLE - 11(1) , KOLKATA vs. M/S. G.S. ATWAL & COMPANY (ENGINEERS) PVT. LTD., , KOLKATA

In the result, both the appeals of the Revenue and Cross

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year): Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall