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109 results for “house property”+ Section 10(38)clear

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Key Topics

Addition to Income60Section 143(3)54Section 25045Section 14A41Disallowance30Section 14727Limitation/Time-bar25Section 115J21Section 26321

SUGAM REALTY LTD,KOLKATA vs. DCIT, KOLKATA

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

ITA 381/KOL/2023[2017-18]Status: DisposedITAT Kolkata16 Oct 2023AY 2017-18

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 143(2)Section 143(3)Section 23Section 23(4)Section 234BSection 250Section 270A

38 pages. 6. On the other hand, ld. D/R vehemently argued supporting the order of ld. CIT(A). Page 3 of 9 I.T.A. No.: 381/KOL/2023 Assessment Year: 2017-18 Sugam Realty Limited. 7. We have heard rival contentions and perused the records placed before us. The sole issue for our consideration is whether ld. CIT(A) erred in confirming

Showing 1–20 of 109 · Page 1 of 6

Section 14820
Deduction16
Depreciation16

RAJATGIRI OIL INDUSTRIES,KOLKATA vs. ACIT, KOLKATA

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

ITA 335/KOL/2023[2010-11]Status: DisposedITAT Kolkata05 Feb 2024AY 2010-11

Bench: Shri Sanjay Garg & Shri Girish Agrawal

For Appellant: Shri Somnath Banerjee, AdvocateFor Respondent: Shri B. K. Singh, JCIT, Sr. DR
Section 143(3)Section 147

10. 0n the facts and in the circumstances of the case and in law the C.I.T.(A) erred in confirming the disallowance of depreciation of Rs.35,68,210/- which may kindly be deleted.” 2.2 Grounds of appeal in respect of AY 2013-14 read as under: “1. On the facts and in the circumstances of the case

RAJATGIRI OIL INDUSTRIES,KOLKATA vs. ACIT, KOLKATA

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

ITA 334/KOL/2023[2009-10]Status: DisposedITAT Kolkata05 Feb 2024AY 2009-10

Bench: Shri Sanjay Garg & Shri Girish Agrawal

For Appellant: Shri Somnath Banerjee, AdvocateFor Respondent: Shri B. K. Singh, JCIT, Sr. DR
Section 143(3)Section 147

10. 0n the facts and in the circumstances of the case and in law the C.I.T.(A) erred in confirming the disallowance of depreciation of Rs.35,68,210/- which may kindly be deleted.” 2.2 Grounds of appeal in respect of AY 2013-14 read as under: “1. On the facts and in the circumstances of the case

RAJATGIRI OIL INDUSTRIES,KOLKATA vs. ACIT, KOLKATA

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

ITA 337/KOL/2023[2016-17]Status: DisposedITAT Kolkata05 Feb 2024AY 2016-17

Bench: Shri Sanjay Garg & Shri Girish Agrawal

For Appellant: Shri Somnath Banerjee, AdvocateFor Respondent: Shri B. K. Singh, JCIT, Sr. DR
Section 143(3)Section 147

10. 0n the facts and in the circumstances of the case and in law the C.I.T.(A) erred in confirming the disallowance of depreciation of Rs.35,68,210/- which may kindly be deleted.” 2.2 Grounds of appeal in respect of AY 2013-14 read as under: “1. On the facts and in the circumstances of the case

RAJATGIRI OIL INDUSTRIES,KOLKATA vs. ACIT, KOLKATA

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

ITA 336/KOL/2023[2013-14]Status: DisposedITAT Kolkata05 Feb 2024AY 2013-14

Bench: Shri Sanjay Garg & Shri Girish Agrawal

For Appellant: Shri Somnath Banerjee, AdvocateFor Respondent: Shri B. K. Singh, JCIT, Sr. DR
Section 143(3)Section 147

10. 0n the facts and in the circumstances of the case and in law the C.I.T.(A) erred in confirming the disallowance of depreciation of Rs.35,68,210/- which may kindly be deleted.” 2.2 Grounds of appeal in respect of AY 2013-14 read as under: “1. On the facts and in the circumstances of the case

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

In the result, the appeals of the Revenue for A

ITA 2377/KOL/2016[2011-12]Status: DisposedITAT Kolkata06 Nov 2023AY 2011-12

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

Section 142(1)Section 143(2)

house property’. The Hon’ble Supreme Court in the case of Secunderabad Club confirmed the order of the Bankipur Club Ltd. It further held that in that judgment the issue of earning interest on Fixed Deposits from Banks was not decided. It held that in the case of Bangalore Club (supra) the Supreme Court adjudicated the question as to whether

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

In the result, the appeals of the Revenue for A

ITA 2491/KOL/2017[2012-13]Status: DisposedITAT Kolkata06 Nov 2023AY 2012-13

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

Section 142(1)Section 143(2)

house property’. The Hon’ble Supreme Court in the case of Secunderabad Club confirmed the order of the Bankipur Club Ltd. It further held that in that judgment the issue of earning interest on Fixed Deposits from Banks was not decided. It held that in the case of Bangalore Club (supra) the Supreme Court adjudicated the question as to whether

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

In the result, the appeals of the Revenue for A

ITA 1340/KOL/2012[2008-2009]Status: DisposedITAT Kolkata06 Nov 2023AY 2008-2009

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

Section 142(1)Section 143(2)

house property’. The Hon’ble Supreme Court in the case of Secunderabad Club confirmed the order of the Bankipur Club Ltd. It further held that in that judgment the issue of earning interest on Fixed Deposits from Banks was not decided. It held that in the case of Bangalore Club (supra) the Supreme Court adjudicated the question as to whether

INDIAN CHAMBER OF COMMERCE. ,KOLKATA vs. DCIT, CIR-1(1), (EXEMPTION), KOLKATA

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

ITA 933/KOL/2023[2013-14]Status: DisposedITAT Kolkata22 Dec 2023AY 2013-14

Bench: Shri Rajpalyadav, Vice-(Kz) & Shri Rajesh Kumar]

Section 11Section 12ASection 2(15)Section 25

houses within country and abroad. The ICC was set up with the sole purpose of promotion and protection of Indian business and industry and was duly registered u/s 12A of the Act as a charitable association with the main objects as set out in Clause 3 of MAA of the assessee company as “to promote and protect the trade, commerce

INDIAN CHAMBER OF COMMERCE,KOLKATA vs. DCIT,CIR-1(1), (EXEMPTION), KOLKATA. , KOLKATA

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

ITA 934/KOL/2023[2014-15]Status: DisposedITAT Kolkata22 Dec 2023AY 2014-15

Bench: Shri Rajpalyadav, Vice-(Kz) & Shri Rajesh Kumar]

Section 11Section 12ASection 2(15)Section 25

houses within country and abroad. The ICC was set up with the sole purpose of promotion and protection of Indian business and industry and was duly registered u/s 12A of the Act as a charitable association with the main objects as set out in Clause 3 of MAA of the assessee company as “to promote and protect the trade, commerce

HIND CERAMICS PVT. LTD., ,KOLKATA vs. DCIT, CIRCLE - 10(1), KOLKATQ

In the result, the appeal of the assessee is allowed

ITA 609/KOL/2024[2013-14]Status: DisposedITAT Kolkata19 Nov 2025AY 2013-14

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Dcit, Circle 10(1) Hind Ceramics Pvt. Ltd. Aaykar Bhawan Poorva, P-7, 147, Nilganj Road, Belghoria, Chowringhee Square, Vs. Kolkata-700056, West Bengal Kolkata-700069, West Bengal (Appellant) (Respondent) Pan No. Aaach7998D Assessee By : S/Shri Soumitra Choudhury & P. Sarkar, Ars Revenue By : Shri Madhumita Das, Dr Date Of Hearing: 15.10.2025 Date Of Pronouncement: 19.11.2025

For Appellant: S/shri Soumitra Choudhury &For Respondent: Shri Madhumita Das, DR

10(1) Hind Ceramics Pvt. Ltd. Aaykar Bhawan Poorva, P-7, 147, Nilganj Road, Belghoria, Chowringhee Square, Vs. Kolkata-700056, West Bengal Kolkata-700069, West Bengal (Appellant) (Respondent) PAN No. AAACH7998D Assessee by : S/shri Soumitra Choudhury & P. Sarkar, Ars Revenue by : Shri Madhumita Das, DR Date of hearing: 15.10.2025 Date of pronouncement: 19.11.2025 O R D E R Per Rajesh

M/S. GATEWAY FINANCIAL SERVICES LTD., ,KOLKATA vs. ACIT, CC - 3(1), KOLKATA , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

ITA 982/KOL/2018[2014-15]Status: DisposedITAT Kolkata14 Jul 2023AY 2014-15

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 143(2)Section 250

10(38) of the Act, but is a case where the assessee has lost its capital by incurring huge loss. This Tribunal in the case of Raigarh Jute & Textile Mills Ltd. vs. ACIT in ITA No. 2286/Kol/2019; AY 2014-15; order dt. 27/06/2023, wherein the same combination of Judicial and Accountant Member has dealt with the issue regarding the claim

PRATIK AGARWAL BENEFICIARY TRUST ,KOLKATA vs. ACIT, C.C.-3(1), , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

ITA 2068/KOL/2018[2014-15]Status: DisposedITAT Kolkata14 Jul 2023AY 2014-15

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 143(2)Section 250

10(38) of the Act, but is a case where the assessee has lost its capital by incurring huge loss. This Tribunal in the case of Raigarh Jute & Textile Mills Ltd. vs. ACIT in ITA No. 2286/Kol/2019; AY 2014-15; order dt. 27/06/2023, wherein the same combination of Judicial and Accountant Member has dealt with the issue regarding the claim

PINKY AGARWAL ,KOLKATA vs. ACIT, CC-3(1), KOLKATA , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

ITA 984/KOL/2018[2014-15]Status: DisposedITAT Kolkata14 Jul 2023AY 2014-15

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 143(2)Section 250

10(38) of the Act, but is a case where the assessee has lost its capital by incurring huge loss. This Tribunal in the case of Raigarh Jute & Textile Mills Ltd. vs. ACIT in ITA No. 2286/Kol/2019; AY 2014-15; order dt. 27/06/2023, wherein the same combination of Judicial and Accountant Member has dealt with the issue regarding the claim

M/S. NISHIT AGARWAL BENEFICIARY TRUST ,KOLKATA vs. ACIT, CC - 3(1), KOLKATA , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

ITA 983/KOL/2018[2014-15]Status: DisposedITAT Kolkata14 Jul 2023AY 2014-15

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 143(2)Section 250

10(38) of the Act, but is a case where the assessee has lost its capital by incurring huge loss. This Tribunal in the case of Raigarh Jute & Textile Mills Ltd. vs. ACIT in ITA No. 2286/Kol/2019; AY 2014-15; order dt. 27/06/2023, wherein the same combination of Judicial and Accountant Member has dealt with the issue regarding the claim

WINDOW TECHNOLOGIES PVT. LTD.,KOLKATA vs. PCIT (CENTRAL) - 2, KOLKATA, KOLKATA

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

ITA 1060/KOL/2024[2019-2020]Status: DisposedITAT Kolkata25 Sept 2024AY 2019-2020

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2019-20

For Appellant: Akkal Dudhewala, A.RFor Respondent: Subhendu Datta, CIT-DR
Section 133ASection 143(3)Section 263Section 32

38,89,350/-. Subsequently, the Ld. PCIT noted that the assessee had made excess claim of expenses of Rs.38,07,409/- and after considering the submission of the assessee, set aside the assessment order of the Ld. AO passed under section 143(3) of the Act as the assessment order was erroneous insofar as it was prejudicial to the interests

NAVANSH VINIMAY PVT. LTD.,KOLKATA vs. I.T.O., WARD - 8(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee is dismissed

ITA 724/KOL/2022[2012-2013]Status: DisposedITAT Kolkata30 May 2025AY 2012-2013

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 142(1)Section 143Section 143(2)Section 143(3)Section 147Section 148Section 151Section 250

properties, obligation and securities. The company also carries on Software business as manufacturer, buyer, seller, trader, importer, exporter, distributor, broker, stockiest, and omission agent. The company was incorporated as a private company in 1976, promoted by Giriraj Kishor Agarwal and Tunu Agarwal. Other key persons are Hemant Kumar Tibrewala, Shardadevi Tibrewala, Kamalkant Tibrewala Financials of the company for the past

SHREE GOVIND PROPERTY & INVESTMENTS PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 5(1),, KOLKATA

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

ITA 2166/KOL/2025[2018-2019]Status: DisposedITAT Kolkata28 Jan 2026AY 2018-2019

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 139(5)Section 142(1)Section 143(2)Section 143(3)Section 250

House property amounting to ₹2,16,03,609/- and Income from other sources of ₹42,94,079/- being gross interest received and had also incurred current year’s loss amounting to ₹96,08,371/- under the head Profits and gains of business or profession. The set-off of business loss had been accepted and the assessment order

NARAYAN SUPPLIERS PVT. LTD.,KOLKATA vs. I.T.O., WARD - 6(3), KOLKATA, KOLKATA

In the result, appeal of the assessee is dismissed

ITA 1077/KOL/2024[2011-2012]Status: DisposedITAT Kolkata08 Sept 2025AY 2011-2012
Section 10(38)

Properties Pvt. Ltd. v. ITO ITA NO. 5128/M/2015\ndated 22/04/2016 (A.Y. 2006-07)(Delhi)(Trib).\n25.\nIn ITA No.692/2016 (Principal Commissioner of Income Tax-6\nv. Meenakshi Overseas Pvt. Ltd.), this Court discussed the legal\nposition regarding re-opening of assessments where the return\nfiled at the initial stage was processed under Section 143(1) of\nthe

BASABDUTTA DUTTA. ,BANKURA vs. ITO,WARD- 3(1), KENDUADIHI, , KENDUADIHI

The appeal of the assessee stands allowed

ITA 868/KOL/2023[2014-15]Status: DisposedITAT Kolkata10 Jul 2024AY 2014-15

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.868/Kol/2023 Assessment Year: 2014-15 Basabdutta Dutta…………………..……………………....………....Appellant Kayasthapara, P.O+Dist – Bankura, Pin-722101. [Pan: Adtpd8748C] Vs. Ito, Ward-3(1), Bankura….................................................…..…..... Respondent Appearances By: Shri S. M. Surana, Advocate & D.K. Sen, Advocate, Appeared On Behalf Of The Appellant. Shri Sallong Yaden, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 13, 2024 Date Of Pronouncing The Order : July 11, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 06.07.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. For That The Ld. Cit(A)(Nfac) In Consideration Of The Facts & Circumstances Of The Case, Erred In Confirming Disallowance On Account Of Exemption Of Rs.1,65,52,344.00 Claimed U/S 54F On Return Of Income. 2. For That The Ld. Cit(A)(Nfac) In Consideration Of The Facts & Circumstances Of The Case, Is Not Justified To Confirm Addition Of Rs.7,38,588.00 Made U/S 56(2)(Vii) 3. For That The Appellant Reserves His Right To Add To, To Alter, To Amend The Grounds & To Adduce Paper & Document At The Time Of Hearing.”

Section 250Section 54FSection 56(2)(VII)

property at Rs.2,22,38,588/-. The Assessing Officer thus added Rs.7,38,588/- invoking provisions of section 56(2)(vii)(b) of the Act. 8. The ld. CIT(A) confirmed the additions so made by the Assessing Officer. 9. The ld. counsel for the assessee has submitted that the difference between the value mentioned in the transfer deed