DCIT, CC-3(3), KOLKATA, KOLKATA vs. AMICUS REAL ESTATE PVT. LTD., KOLKATA

In the result, appeal of the revenue is dismissed

Bench: SHRI SANJAY GARG, HON’BLE (Judicial Member), DR. MANISH BORAD, HON’BLE (Accountant Member)

block period that was assessed, section 153A of the Act seeks to assess the total income for the assessment year, which is clear from the first proviso thereto which provides that the Assessing Officer shall assess or reassess the total income in respect of each assessment year, falling within such six assessment years. The second proviso makes the intention

THE WEST BENGAL POWER DEVELOPMENT CORPN. LTD.,KOLKATA vs. ACIT, CIRCLE - 5, KOLKATA, KOLKATA

In the result, both the appeals of the assessee are treated as allowed for statistical purposes

Bench: Shri P.M. Jagtap & Shri N.V. Vasudevan

disallowed by the Assessing Officer. 18. We have heard the arguments of both the sides on this issue and also perused the relevant material available on record. The ld. counsel for the assessee has submitted that the assessee had received only Rs.4,42,54,990/- on account of rent for BOBR Wagon and not Rs.6,94,00,208/- as assumed

ACIT, CC-3(2), KOLKATA , KOLKATA vs. M/S. SNOWTEX INVESTMENT LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri A. T. Varkey, J.M. & Dr.A.L.Saini, A.M.) Asstt. Year : 2012-13 A.C.I.T, Cc-3(2), Kolkata Vs M/S. Snowtex Investment Ltd. Pan: Aaecs 0334C (Assessee/Department) (Respondent/Assessee)

assessment under s. 23(3).” Under the circumstances, adhoc disallowance is without any basis. Hence, we do not find any infirmity in the order of the Ld. Commissioner of Income Tax (Appeals) and therefore, we uphold the same. 42. In the result, the appeal of the Revenue is dismissed. Order Pronounced in the Open Court

D.C.I.T., CIRCLE-4, KOLKATA, KOLKATA vs. M/S. ROSSELL INDIA LTD., KOLKATA

In the result, Revenue’s appeal stands dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmedassessment Year:2009-10 Dcit, Circle-4, Kolkata V/S. M/S Rossell India Ltd. P-7, Chowringhee 21/1A/3, Darga Road, Square, Kolkata-69 Jindal Towers, Block B, 4Th Floor, Park Circus, Kolkta-700 017 [Pan Noaabcr 3736 J] .. अपीलाथ" /Appellant ""यथ"/Respondent

assessment year i.e. 2010-11 was duly admitted by the AO. Thus, we find no additional disallowance is required to be made under the provisions of rule 8D(iii) read with section 14A of the Act. 11.3 The allegation of the ld. DR that the relief has been given by the ld CIT(A) on the basis of additional evidences

DCIT, CIRCLE - 8(2), KOLKATA , KOLKATA vs. M/S. SPML INFRA LIMITED , KOLKATA

In the result, the appeal of the assessee in ITA No

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1228/Kol/2018 ("नधा"रणवष" / Assessment Year:2011-12)

Block-A, 3rd Floor, Kolkata-700016 "थायीलेखासं./जीआइआरसं./PAN/GIR No.: AADCS 2469 K (Appellant) .. (Respondent) Appellant by : Shri S.K. Tulsiyan, Advocate & Ms. Lata Goyal, ACA Respondent by : Shri Radhey Shyam, CIT सुनवाईक"तार"ख/ Date of Hearing : 18/12/2019 घोषणाक"तार"ख/Date of Pronouncement : 17/01/2020 आदेश / O R D E R Per A.L. Saini, AM: The captioned cross appeals filed

M/S. SPML INFRA LIMITED ,KOLKATA vs. DCIT, CIRCLE - 8(2), KOLKATA , KOLKATA

In the result, the appeal of the assessee in ITA No

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1228/Kol/2018 ("नधा"रणवष" / Assessment Year:2011-12)

Block-A, 3rd Floor, Kolkata-700016 "थायीलेखासं./जीआइआरसं./PAN/GIR No.: AADCS 2469 K (Appellant) .. (Respondent) Appellant by : Shri S.K. Tulsiyan, Advocate & Ms. Lata Goyal, ACA Respondent by : Shri Radhey Shyam, CIT सुनवाईक"तार"ख/ Date of Hearing : 18/12/2019 घोषणाक"तार"ख/Date of Pronouncement : 17/01/2020 आदेश / O R D E R Per A.L. Saini, AM: The captioned cross appeals filed

M/S HINDUSTAN COPPER LTD.,KOLKATA vs. DCIT, LTU-1, KOLKATA, KOLKATA

In the result, appeal of the assessee is treated as allowed for statistical

Bench: Shri P.M. Jagtap, Hon’Ble Vice-, Kz & Shri Partha Sarathi Chaudhury, Hon'Ble) Assessment Year: 2012-13 Hindustan Copper Ltd…………………………………………………………………………………………….………….…Appellant Tamra Bhavan 1, Ashutosh Choudhury Avenue Kolkata - 700 019 [Pan: Aaach 7409 R] Vs. Deputy Commissioner Of Income Tax, Ltu-1, Kolkata………………………………………...……….……Respondent Assessment Year: 2012-13 Asstt. Commissioner Of Income Tax, Ltu-1, Kolkata………............................................................Appellant Vs. Hindustan Copper Ltd…………………………………………………………………………………………………….....Respondent Tamra Bhavan 1, Ashutosh Choudhury Avenue Kolkata - 700 019 [Pan: Aaach 7409 R] Appearances By: Shri Sanjay Bhattacharya, Fca, Appeared On Behalf Of The Assessee. Shriamol Sudhirkamat. C1T, D/R & Shri Biswanath Das, Addl. Cit, D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing: November 11Th, 2021 Date Of Pronouncing The Order: November 17Th , 2021

disallowance of Rs.4,48,12,000/- made by the Assessing Officer on account of CSR made by the Assessing Officer on account of CSR expenses. During the course of appellate proceedings before the Id. CIT(A), reliance was expenses. During the course of appellate proceedings before the Id. CIT(A), reliance was expenses. During the course of appellate proceedings before

A.C.I.T.,CIRCLE-1, LTU, KOLKATA vs. M/S HINDUSTAN COPPER LIMITED , KOLKATA

In the result, appeal of the assessee is treated as allowed for statistical

Bench: Shri P.M. Jagtap, Hon’Ble Vice-, Kz & Shri Partha Sarathi Chaudhury, Hon'Ble) Assessment Year: 2012-13 Hindustan Copper Ltd…………………………………………………………………………………………….………….…Appellant Tamra Bhavan 1, Ashutosh Choudhury Avenue Kolkata - 700 019 [Pan: Aaach 7409 R] Vs. Deputy Commissioner Of Income Tax, Ltu-1, Kolkata………………………………………...……….……Respondent Assessment Year: 2012-13 Asstt. Commissioner Of Income Tax, Ltu-1, Kolkata………............................................................Appellant Vs. Hindustan Copper Ltd…………………………………………………………………………………………………….....Respondent Tamra Bhavan 1, Ashutosh Choudhury Avenue Kolkata - 700 019 [Pan: Aaach 7409 R] Appearances By: Shri Sanjay Bhattacharya, Fca, Appeared On Behalf Of The Assessee. Shriamol Sudhirkamat. C1T, D/R & Shri Biswanath Das, Addl. Cit, D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing: November 11Th, 2021 Date Of Pronouncing The Order: November 17Th , 2021

disallowance of Rs.4,48,12,000/- made by the Assessing Officer on account of CSR made by the Assessing Officer on account of CSR expenses. During the course of appellate proceedings before the Id. CIT(A), reliance was expenses. During the course of appellate proceedings before the Id. CIT(A), reliance was expenses. During the course of appellate proceedings before

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

Bench: Shri S.S.Godara & Dr. A.L.Saini

block of assets for the relevant year which is to be carried forward to the subsequent years. Ground No. 8 therefore stands allowed. “ 13. Learned CIT-DR’s only case during the course of hearing is that the Assessing Officer had rightly disallowed

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

Bench: Shri S.S.Godara & Dr. A.L.Saini

block of assets for the relevant year which is to be carried forward to the subsequent years. Ground No. 8 therefore stands allowed. “ 13. Learned CIT-DR’s only case during the course of hearing is that the Assessing Officer had rightly disallowed

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

Bench: Shri S.S.Godara & Dr. A.L.Saini

block of assets for the relevant year which is to be carried forward to the subsequent years. Ground No. 8 therefore stands allowed. “ 13. Learned CIT-DR’s only case during the course of hearing is that the Assessing Officer had rightly disallowed

DCIT, CIR-12(2),KOLKATA, KOLKATA vs. M/S. SELVEL MEDIA SERVICES PVT. LTD., KOLKATA

In the result, the appeal filed by the Revenue ( Ground No

Bench: Shri N. V. Vasudevan, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.2205/Kol/2014 (िनधा"रण वष" / Assessment Year: 2011-12 D.C.I.T, Cirle-12(2), Vs. M/S Selvel Media Services Pvt. Ltd. Kolkata 10/1B, Diamond Harbour Road, Kolkata – 700 027. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadcs 7951 G (Revenue/Department) .. (Assessee) Assessee By :Shri Subash Agarwal, Advocate Revenue/Department By :Shri G. Mallikarjuna, Cit Dr सुनवाई की तारीख / Date Of Hearing : 13/07/2017 घोषणा की तारीख/Date Of Pronouncement : 30/08/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2011-12, Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)–Xii, Kolkata, In Appeal No.237/Xii/Cir-12/14-15 Dated 17.09.2014, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S.143(3) Of The Income Tax Act 1961, (Hereinafter Referred To As The ‘Act’), Dated 20.03.2014. 2. Revenue Has Taken The Following Grounds Of Appeal: 1. “That In The Facts & Circumstances Of The Case & In The Law The Ld. Cit(A) Erred In Deleting The Disallowance Of Rs. 1,42,76,824/- Made By The A.O. On Depreciation On Hoarding Structures.” 2. “That In The Facts & Circumstances Of The Case & In The Law The Ld. Cit(A) Erred In Deleting The Disallowance Of Rs. 1,66,53,847/- Made By The A.O. On Account Of Deduction U/S. 80-Ia.”

disallowed the deduction of Rs.1,66,53,847/- in respect of M/s Selvel Media Services Pvt. Ltd. Assessment Year: 2011-12 profit derived from engagement in construction and maintenance of bus shelters, toilet blocks

D.C.I.T CIR - 5,KOLKATA, KOLKATA vs. M/S ESSEL MINING & INDUSTRIES LTD., KOLKATA

In the result, appeal of assessee as well as appeal of Revenue is partly allowed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

disallowance as per Rule 8D by taking into consideration only those shares, which have yielded dividend income in the year under consideration. The alternative contention of the ld. counsel for the assessee is accordingly accepted. Thus, the issue raised by the assessee in its appeal is partly allowed. 8. Next issue raised by the assessee in ground No.4

THE WEST BENGAL POWER DEVELOPMENT CORPORATION LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-4(2), KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

Assessing Officer to delete the disallowance. 57. In the result, all the appeals of the assessee are allowed. Order pronounced in the open Court on January 20, 2023. (Sonjoy Sarma) Accountant Member Kolkata the 20th day of January, 2023 Copies to : (1) The West Bengal Power Development Corporation Limited, Plot No.3/C, Block

THE WEST BENGAL POWER DEVELOPMENT CORPORATION LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-4(2), KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

Assessing Officer to delete the disallowance. 57. In the result, all the appeals of the assessee are allowed. Order pronounced in the open Court on January 20, 2023. (Sonjoy Sarma) Accountant Member Kolkata the 20th day of January, 2023 Copies to : (1) The West Bengal Power Development Corporation Limited, Plot No.3/C, Block

THE WEST BENGAL POWER DEVELOPMENT CORPORATION LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-4(2), KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

Assessing Officer to delete the disallowance. 57. In the result, all the appeals of the assessee are allowed. Order pronounced in the open Court on January 20, 2023. (Sonjoy Sarma) Accountant Member Kolkata the 20th day of January, 2023 Copies to : (1) The West Bengal Power Development Corporation Limited, Plot No.3/C, Block

THE WEST BENGAL POWER DEVELOPMENT CORPORATION LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-4(2), KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

Assessing Officer to delete the disallowance. 57. In the result, all the appeals of the assessee are allowed. Order pronounced in the open Court on January 20, 2023. (Sonjoy Sarma) Accountant Member Kolkata the 20th day of January, 2023 Copies to : (1) The West Bengal Power Development Corporation Limited, Plot No.3/C, Block

THE PEERLESS GEN. FIN. & INV. CO. LTD.,KOLKATA vs. DCIT, CIRCLE-3(1), KOLKATA, KOLKATA

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

Bench: Shri P.M. Jagtap, Vice- & Shri A.T. Varkey

block of assets ‘building’ was Short Term Capital Gain in terms of section 50 of the Act and, therefore, the Long Term Capital Loss could not be set off against the same. The Assessing Officer also made further disallowances