APEEJAY PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 8(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 116/Kol/2023 Assessment Year: 2013-14

Properties (P) Ltd. dated 08.05.2017 reported in 403 ITR 234 wherein it was held that Revenue was not justified in treating sums reflected in books of assessee as loan from a company as deemed dividend in assessee’s hands as same was to be taxed in hands of common shareholder as per section 2(22)(e). Based on the aforesaid

APEEJAY PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 8(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 116/Kol/2023 Assessment Year: 2013-14

Properties (P) Ltd. dated 08.05.2017 reported in 403 ITR 234 wherein it was held that Revenue was not justified in treating sums reflected in books of assessee as loan from a company as deemed dividend in assessee’s hands as same was to be taxed in hands of common shareholder as per section 2(22)(e). Based on the aforesaid

APEEJAY PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 8(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 116/Kol/2023 Assessment Year: 2013-14

Properties (P) Ltd. dated 08.05.2017 reported in 403 ITR 234 wherein it was held that Revenue was not justified in treating sums reflected in books of assessee as loan from a company as deemed dividend in assessee’s hands as same was to be taxed in hands of common shareholder as per section 2(22)(e). Based on the aforesaid

M/S. MERINO INDUSTRIES LIMITED ,KOLKATA vs. DCIT, CIRCLE - 12(1), KOLKATA , KOLKATA

In the result, the appeal of the revenue is hereby dismissed

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A No.174/Kol/2019 Assessment Year: 2014-15 Dcit, Circle-12(1), Kolkata…………………….................................……Revenue Vs. M/S Merino Industries Ltd.…………....................................……...…..…..Assessee 5, Alexandra Court, 60/1, Chowringhee Road, Kolkata – 700020. [Pan: Aaacc9186C] I.T.A No.292/Kol/2019 Assessment Year: 2014-15 M/S Merino Industries Ltd …………………….…….......................…… Assessee 5, Alexandra Court, 60/1, Chowringhee Road, Kolkata – 700020. [Pan: Aaacc9186C] Vs. Dcit, Circle-12(1), Kolkata.…….................................……....…........….. Revenue Appearances By: Shri Shyam Sundar Jha, Ar, Appeared On Behalf Of The Assessee. Shri Prakash Nath Barnwal, Cit-Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : December 12, 2024 Date Of Pronouncing The Order : February 06, 2025 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Are Cross-Appeals, One By The Assessee & The Other By The Revenue Against The Common Order Dated 09.10.2018 Of The Commissioner Of Income Tax (Appeals)-4, Kolkata [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since The Facts & Issued Involved In Both The Appeals Are Identical & Both The Appeals Are Arising Out Of The Same

Housing Development Corporation Ltd. reported in 343 ITR 316, the assessment is liable to be annulled. 6. In these circumstances, as notice u/s.143(2) has not been issued in respect of the valid revised return filed by the assessee u/s.139(5) on 26.02.2014, the consequential Assessment Order u/s.143(3) dated 30.03.2014 for the AY 2012-13, in the case

DCIT, CIRCLE - 12(1), KOLKATA , KOLKATA vs. M/S. MERINO INDUSTRIES LIMITED , KOLKATA

In the result, the appeal of the revenue is hereby dismissed

Housing Development Corporation Ltd. reported\nin 343 ITR 316, the assessment is liable to be annulled.\n6. In these circumstances, as notice_u/s.143(2) has not been\nissued in respect of the valid revised return filed by the\nassessee_u/s.139(5) on 26.02.2014, the consequential Assessment\nOrder_u/s.143(3) dated 30.03.2014 for the AY 2012-13, in the case

DCIT,CIRCLE-8, KOLKATA, KOLKATA vs. M/S. THE SATURDAY CLUB LTD, KOLKATA

In the result, the appeals of the Revenue for A

Bench: Shri Rajpal Yadav, Vice- & Dr. Manish Borad

deem it appropriate to take note of the finding of the ld. Assessing Officer as well as of the ld. CIT(Appeals) in each year in appeal before us. 5. In this year, the assessee has filed its return of income on 26.09.2008 declaring total income of Rs.4,51,510/-. This return was revised by the assessee

THE SATURDAY CLUB LIMITED,KOLKATA vs. DCIT, CIRCLE - 8(2), KOLKATA, KOLKATA

In the result, the appeals of the Revenue for A

Bench: Shri Rajpal Yadav, Vice- & Dr. Manish Borad

deem it appropriate to take note of the finding of the ld. Assessing Officer as well as of the ld. CIT(Appeals) in each year in appeal before us. 5. In this year, the assessee has filed its return of income on 26.09.2008 declaring total income of Rs.4,51,510/-. This return was revised by the assessee

THE SATURDAY CLUB LIMITED,KOLKATA vs. DCIT, CIR-8(2), KOLKATA, KOLKATA

In the result, the appeals of the Revenue for A

Bench: Shri Rajpal Yadav, Vice- & Dr. Manish Borad

deem it appropriate to take note of the finding of the ld. Assessing Officer as well as of the ld. CIT(Appeals) in each year in appeal before us. 5. In this year, the assessee has filed its return of income on 26.09.2008 declaring total income of Rs.4,51,510/-. This return was revised by the assessee

ACIT, CIRCLE - 6(2), KOLKATA vs. M/S. NAGREEKA SYNTHETICS PVT. LTD., KOLKATA

In the result, the appeal of the revenue is allowed for statistical purposes and the cross-objection by the assessee are dismissed

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 427/Kol/2019 Assessment Year: 2009-10 Asst. Commissioner Of Income Tax, M/S. Nagreeka Synthetics Pvt. Ltd. Circle-6(2), Kolkata Vs 6Th Floor, Jain Chamber 18, R.N. Mukherjee Road Kolkata - 700001 [Pan : Aaacn8691D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) C.O. No. 19/Kol/2021 Assessment Year: 2009-10 M/S. Nagreeka Synthetics Pvt. Ltd. Asst. Commissioner Of Income 6Th Floor, Jain Chamber Vs Tax, Circle-6(2), Kolkata 18, R.N. Mukherjee Road Kolkata - 700001 [Pan : Aaacn8691D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S.D. Verma, Advocate Revenue By : Shri Abhijit Kundu, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 05/09/2023 घोषणा क" तारीख /Date Of Pronouncement: 09/11/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)- 4, Kolkata (Hereinafter The “Ld. Cit(A)”) Dt. 21/06/2018, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2009- 10. The Assessee Has Filed A Cross-Objection Being C.O. No. 19/Kol/2021. 2. The Registry Has Pointed Out That There Is A Delay Of 965 Days In Filing The Cross-Objection By The Assessee. The Assessee Has Filed A 2

house property, capital gains and income from other sources and w.e.f. 01/04/2015, even the companies whose principle business is that of trading in shares and that of banking or of granting of loans and advance then in case of such companies other than those referred above, it along with its main 5 I.T.A. No. 427/Kol/2019 Assessment Year

S.K.DEVELOPMENT PVT. LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-5(1), KOLKATA

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

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2013-14 S. K. Development Private Deputycommissioner Of Limited. Income-Tax,Circle- 5(1), Vs. 23A, N. S. Road, 10Th Floor, Kolkata. Kolkata-700001. (Pan: Aadcs7398K) (Appellant) (Respondent)

house property and not related to business income. 2. That on the facts and in the circumstances of the case, Ld. CIT(A) erred in confirming the addition of Rs. 3,00,000/­ on account of deemed dividend

BENGAL SHRACHI HOUSING DEVELOPMENT LIMITED,KOLKATA vs. ACIT, CIR. 5(1), KOLKATA

In the result, the appeal of assessee is dismissed

Bench: Shri Sanjay Garg & Shri Manish Boradआयकर अपील सं.य/ Assessment Year:2017-18 बनाम Bengalshrachi Acit, Cir-5(1), Kolkata Housingdevelopment Aaykar Bhawan V/S. Ltd. P-7 Chowringhee Square, 686 Shrachi Tower, Kolkata-700 069. Anandapur,E.M Bypass, Kolkata-700 107. Pan: Aabcb2808F अपीलाथ" /Appellant ""यथ" /Respondent ..

dividend income in the hands of the assessee u/s. 2(22)(e) of the Act. 8. Now before examining the facts of the case, we will go through the provisions of section 263 of the Act. 9. Section 263 :- —Revision by the Principal Commissioner or Commissioner* Revision of orders prejudicial to revenue. 263. (1) The 88[Principal Chief Commissioner

PURNENDU ROY,KOLKATA vs. INCOME TAX OFFICER 22(2), KOLKATA

In the result, appeal of the assessee is allowed

Bench: DR. MANISH BORAD (Accountant Member), SHRI SONJOY SARMA (Judicial Member)

deemed dividend u/s. 2(22)(e) of the Act amounting to Rs.2,99,87,804/- confirmed by ld. CIT (A). 04. Briefly stated facts are that assessee is a doctor by profession and runs his own hospital namely, Genesis Hospital, Ruby, Kolkata. Return of income filed declaring total income of Rs. 1,29,38,170/-. The case of the assessee

DEWARS GARAGE LIMITED ,ACIT vs. A CIT-5 (1) , KOLKATA

In the result, appeal of the assessee is dismissed

House Street Tax, Circle-5(1), Kolkata Vs Kolkata - 700001 [PAN : AABCD7605C] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee by : Shri Nilima Joshi, C.A. Revenue by : Md. Ghayasudding, CIT D/R सुनवाई क" तारीख/Date of Hearing : 06/09/2022 घोषणा क" तारीख/Date of Pronouncement : 21/11/2022 आदेश/O R D E R PER MANISH BORAD, ACCOUNTANT MEMBER: The present appeal is directed

KOOMBER PROPERTIES & LEASING CO. PVT. LTD. ,KOLKATA vs. DCIT, CPA. BANGALORE. , BANGALORE.

In the result, the appeal of the assessee is allowed in the above terms

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

deem it appropriate to take note of this submission, which is placed at pages no. 107 to 110 of the paper book, which reads as under:- KOOMBER PROPERTIES LEASING CO. PVT. LTD. “Camellia House” 14, Gurusaday Road, Kolkata-700019 Telephone: 2287-3067/8737/1816 Fax No.: (033) 2287-2577/7089 KPLC/IT/2018-19 August 24, 2023 The Joint Commissioner of Income

ASHOK VIKRAM PODDAR,KOLKATA vs. ACIT, CIRCLE -34, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

house property, capital gain and other sources. We note that the assessee has withdrawn Rs. 20.00 Lacs from its saving bank account with Allahabad Bank, Raipur and again redeposited Rs. 19.75 Lacs on various dates. The gap between the withdrawals of the money and redeposits in the same bank account range between nine days to three months. The details

NEETU AGARWAL,KOLKATA vs. INCOME TAX OFFICER - WARD 7(1), KOLKATA

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

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2020-21

house property which was carried forward has also been denied. 6. Aggrieved with the order of the Ld. AO, the assessee filed an appeal before the Ld. CIT(A) on the ground of not granting tax credit in respect of taxes withheld on the foreign income earned by the assessee and credit claimed in accordance with section

INCOME TAX OFFICER, KOLKATA vs. MILESTONE FINSTOCK PVT. LTD., KOLKATA

In the result, the appeal filed by the revenue is dismissed

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2012-13 Ito, Ward-12(1), Kolkata…..…………..………….……….……….……Appellant Vs. Milestone Finstock Pvt. Ltd..……...…………………….....……...…..…..Respondent 62A, Hazra Road, Kol-700019. [Pan: Aaccm0280B] Appearances By: Shri Mohit Mrinal, Cit-Dr, Appeared On Behalf Of The Appellant. Shri N S Saini, Ar & Priyanka Salarpuria, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 07, 2026 Date Of Pronouncing The Order : February 24, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Revenue Is Directed Against The Order Dated 24.09.2020 Of The Cit(Appeals)-4, Kolkata (Hereinafter Referred To As The “Cit(A)”) Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2012–13. 2. The Appeal Has Been Filed By The Revenue With A Delay Of 1075 Days & The Revenue Has Filed An Affidavit For Condonation Of The Delay. The Contents Of The Said Affidavit Are As Under: Milestone Finstock Pvt. Ltd

house property”, “Capital gains” and “Income from other sources”], or a company the principal business of which is the business of banking or the granting of loans and advances) consists in the purchase and sale of shares of other companies, such company shall, for the purposes of this section, be deemed to be carrying on a speculation business

AASHIRWAD VINCOM PVT. LTD.,KOLKATA vs. I.T.O., WARD - 9(1), KOLKATA, KOLKATA

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

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2013-14

dividend income of Rs.4,38,489/- duly reported in its audited financial statements placed in the paper book, more particularly in Note 14, relating to disclosure of other income at page 14 in the paper book. 4 Aashirwad Vincom Pvt. ltd. AYs: 2013-14 7. Before the Ld. CIT(A), assessee had taken five grounds of appeal. Assessee had withdrawn

NATIONAL INSURANCE COMPANY LIMITED,NEW TOWN vs. DCIT, CIRCLE 5(1),, KOLKATA

In the result, the appeal filed by the assessee in ITA No

Bench: Shri George Mathan & Shri Rakesh Mishra

house property”, “Capital gains” or “Income from other sources”, or in section 199 or in sections 28 to 43B, the profits and gains of any business of insurance, including any such business ITA Nos.: 2803, 2804, 2805 & 2806/KOL/2025 AYs: 2018-19, 2022-23 & 2023-24 National Insurance Company Limited. carried on by a mutual insurance company