APEEJAY SHIPPING LTD.,KOLKATA vs. CIT, KOLKATA-3, KOLKATA

In the result, all the appeals of the assessee are allowed

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

154 on 27.02.2013 determining the amount refundable at Rs.99,95,710/-. c) A.Y. 10-11 Order u/s 154/143(1) was passed on 13.01.2012 raising a refund of Rs.2,10,81,550/- after adjusting the credit u/s 5JAA. The assessment u/s.143(3) was subsequently completed on 28.03.2013. I.T.A. Nos. 781 to 784/KOL./2015 Assessment years: 2007-2008 to 2010-2011 Page

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)

154 ITR 148/22 Taxman 11(SC) is applicable in this present case wherein the transactions effected by the assessee are not bonafide or genuine but are sham, make believe, arranged one and are collusive. Hence such transactions should be regarded as hollow and colourable device and are not to be accepted by the tax authorities. 4.3. The ld AO held

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)

154 ITR 148/22 Taxman 11(SC) is applicable in this present case wherein the transactions effected by the assessee are not bonafide or genuine but are sham, make believe, arranged one and are collusive. Hence such transactions should be regarded as hollow and colourable device and are not to be accepted by the tax authorities. 4.3. The ld AO held

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)

154 ITR 148/22 Taxman 11(SC) is applicable in this present case wherein the transactions effected by the assessee are not bonafide or genuine but are sham, make believe, arranged one and are collusive. Hence such transactions should be regarded as hollow and colourable device and are not to be accepted by the tax authorities. 4.3. The ld AO held

ACIT, CIRCLE - 13(2), KOLKATA , KOLKATA vs. M/S. PADMA LOGISTICS & KHANIJ PRIVATE LIMITED , KOLKATA

In the result, the revenue’s appeal is partly allowed for statistical purposes

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 in respect of M/s. Vortal Undertaking were transferred, pursuant to section 72A(4) of the Act, from the demerged company (M/s. Star Ya Kalakaar.Com Limited) to the resulting company (M/s. Padma Logistic & Khanij Private Limited) w.e.f. the appointed date i.e. 01.03.2010. The claim of assessee is as per law and the AO erred in refusing to consider the Revised

EVEREADY INDUSTRIES INDIA LTD.,KOLKATA vs. DCIT, CIRCLE - 11(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri S.S. Viswanethra Ravi

depreciation 2.Low Income Not applicable for EIIL shown by the contractor 3.Large refund Point no. 3 of our 140 claimed of advance letter 140 tax dtd.21.12.15 4.Large deduction u/s . Point no. 2 of our 136 & 137 35, 35(2AA) & letter dtd.18.11.15 and 35(2AB) point no. 2 of 08.03.16 5.High Ratio of Point no. 6 of our 138 Refund

THE UNITED PROVINCES SUGAR COMPANY LTD., ,KOLKATA vs. ITO, WARD - 12(2), KOLKATA

In the result, appeal of the assessee is allowed

depreciation and had deleted the adhoc disallowance made by the Assessing Officer, the gross total and had deleted the adhoc disallowance made by the Assessing Officer, the gross total and had deleted the adhoc disallowance made by the Assessing Officer, the gross total income of the assessee as well as the total income was Nil and there

C.M. RAJGARHIA (P) LTD,KOLKATA vs. PCIT-3, KOLKATA

In the result, the appeal of the assessee stands allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawal

depreciation, whereupon the ld. Assessing Officer passed the rectification order. The ld. Assessing Officer was not supposed to re-visit the entire assessment order or to re-assess the income in a rectification order passed under section 154 of the Income Tax Act. It was beyond the 4 Assessment Year: 2015-2016 C.M. Rajgarhia (P) Limited jurisdiction and scope

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

depreciation should be allowed on WDV at the end of the year. Aggrieved, assessee preferred appeal before Ld. CIT(A) who has dismissed the plea of assessee by observing as under:- “2) Capital Gains – The appellant derived long term capital gains of Rs.11.73 crores on the transfer of agro-chemical undertaking. The AO held that the capital gain is required

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

depreciation should be allowed on WDV at the end of the year. Aggrieved, assessee preferred appeal before Ld. CIT(A) who has dismissed the plea of assessee by observing as under:- “2) Capital Gains – The appellant derived long term capital gains of Rs.11.73 crores on the transfer of agro-chemical undertaking. The AO held that the capital gain is required

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

depreciation should be allowed on WDV at the end of the year. Aggrieved, assessee preferred appeal before Ld. CIT(A) who has dismissed the plea of assessee by observing as under:- “2) Capital Gains – The appellant derived long term capital gains of Rs.11.73 crores on the transfer of agro-chemical undertaking. The AO held that the capital gain is required

KESORAM INDUSTRIES LTD.,KOLKATA vs. ADD.CIT,RANGE-5,, KOLKATA

In the result the revenue’s appeals for A

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

154 of the Act were rejected by the A.O., the appellate authorities i.e. the Ld. CIT(A) as well as this Tribunal allowed the claim and directed the A.O. to grant depreciation on such enhanced WDV of the block of assets. Following the decision of this Tribunal in A.Y. 2000-01 to 2002-03, the Co-ordinate Bench of this

KESORAM INDUSTRIES LTD.,KOLKATA vs. DCIT, CIR-5, KOLKATA, KOLKATA

In the result the revenue’s appeals for A

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

154 of the Act were rejected by the A.O., the appellate authorities i.e. the Ld. CIT(A) as well as this Tribunal allowed the claim and directed the A.O. to grant depreciation on such enhanced WDV of the block of assets. Following the decision of this Tribunal in A.Y. 2000-01 to 2002-03, the Co-ordinate Bench of this

KESORAM INDUSTRIES LIMITED,KOLKATA vs. DCIT, CIRCLE-5(1), KOLKATA, KOLKATA

In the result the revenue’s appeals for A

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

154 of the Act were rejected by the A.O., the appellate authorities i.e. the Ld. CIT(A) as well as this Tribunal allowed the claim and directed the A.O. to grant depreciation on such enhanced WDV of the block of assets. Following the decision of this Tribunal in A.Y. 2000-01 to 2002-03, the Co-ordinate Bench of this

ACIT, CIRCLE-5, KOLKATA, KOLKATA vs. M/S KESORAM INDUSTRIES. LTD, KOLKATA

In the result the revenue’s appeals for A

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

154 of the Act were rejected by the A.O., the appellate authorities i.e. the Ld. CIT(A) as well as this Tribunal allowed the claim and directed the A.O. to grant depreciation on such enhanced WDV of the block of assets. Following the decision of this Tribunal in A.Y. 2000-01 to 2002-03, the Co-ordinate Bench of this

KESORAM INDUSTRIES LIMITED,KOLKATA vs. ADDL C.I.T RG - 5,KOLKATA, KOLKATA

In the result the revenue’s appeals for A

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

154 of the Act were rejected by the A.O., the appellate authorities i.e. the Ld. CIT(A) as well as this Tribunal allowed the claim and directed the A.O. to grant depreciation on such enhanced WDV of the block of assets. Following the decision of this Tribunal in A.Y. 2000-01 to 2002-03, the Co-ordinate Bench of this

D.C.I.T CIR - 5,KOLKATA, KOLKATA vs. M/S KESORAM INDUSTRIES LIMITED, KOLKATA

In the result the revenue’s appeals for A

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

154 of the Act were rejected by the A.O., the appellate authorities i.e. the Ld. CIT(A) as well as this Tribunal allowed the claim and directed the A.O. to grant depreciation on such enhanced WDV of the block of assets. Following the decision of this Tribunal in A.Y. 2000-01 to 2002-03, the Co-ordinate Bench of this

M/S AB (WINES) STORES,KOLKATA vs. PCIT, KOLKATA-14, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Hon’Ble Sri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No.901/Kol/2016 Assessment Year : 2011-12 M/S. Ab (Wines) Stores -Vs.- Pr. C.I.T., Kolkata-14 Kolkata Kolkata [Pan : Aajfa 6312 L] (Respondent) (Appellant) For The Appellant : Shri S.K.Tulsiyan, Advocate For The Respondent : Shri R.S.Biswas, Cit Date Of Hearing : 15.06.2017. Date Of Pronouncement : 07.07.2017 Order

154/- had caused greater prejudice to the assessee in the assessment. Moreover, the said assessment is challenged before the ld CITA and the same is pending. While this is so, we are afraid whether the same issue could be the subject matter of revision proceedings u/s 263 of the Act by seeking to look into the very same issue from

JCIT, (OSD), CIR-8(1), KOLKATA, KOLKATA vs. M/S HI-TECH SYSTEMS & SERVICES LTD., KOLKATA

In the result, both the appeals of the revenue as well as the cross objections of the assessee are dismissed

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 1194-1196/Kol/2016 Assessment Years : 2006-07, 2007-08 & 2008-09 Jcit, Osd, Circle-8(1), Kolkata -Vs- M/S Hi-Tech Systems & Services Ltd. [Pan: Aaach 6621 F] (Appellant) (Respondent) C.O. Nos. 43-45/Kol/2016 (Arising Out Of I.T.A Nos. 1194-1196/Kol/2016) Assessment Years : 2006-07, 2007-08 & 2008-09 M/S Hi-Tech Systems & Services Ltd. -Vs- Jcit, Osd, Circle-8(1), Kolkata [Pan: Aaach 6621 F] (Appellant) (Respondent)

3 ITA Nos.1194-1196/Kol/2016& CO Nos. 43-45/Kol/2016 M/s Hi-Tech Systems & Services Ltd. A.Yrs.2006-07,2007-08&2008-09 of the assessee together including the business of generation of electricity from the Dhule Unit. This would require add back of the entire book depreciation and corresponding allowance of depreciation u/s 32 of the Act on all the depreciable