ACIT, CIRCLE-15(1), KOLKATA, KOLKATA vs. M/S. DEVA LEASE AND FINANCE PVT. LTD., KOLKATA

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2012-13 Acit Circle-15(1), V/S. M/S Deva Lease & Aayaka Bhawan,Poorva Finance Pvt. Ltd., 1A, 110, Shantipally, Kolkta- K.B.R. Complex, 4, Ho- 107 Chi-Min Sarani, Kolkata-71 [Pan No.Aabcd 7839 E] .. अपीलाथ" /Appellant ""यथ"/Respondent C.O. No.54/Kol/2017 (A/O Ita No.961/Kol/2017) Assessment Year :2012-13 M/S Deva Lease & V/S. Acit, Circle-15(1), Finance Pvt. Ltd., 1A, Aaykar Bhavan, Poorva, K.B.R. Complex, 4, Ho- 110, Shantipally, Chi-Min Sarani, Kolkata- Kolakta-107 71 [Pan No.Aabcd 7839 E] .. "तया"ेपक/Co-Objector ""यथ"/Respondent

Section 14A r.w. 8D of the Income Tax Rule, 1962 by holding that the same is not attracted in case the assessee’s corresponding dividend income is subjected to Dividend Distribution Tax. The assessee on the other hand strongly supports the CIT(A)’s findings under challenge. It seeks to repeat the fact that the impugned dividend income had been

ACIT, LTU - 2, KOLKATA , KOLKATA vs. M/S. UCO BANK, KOLKATA

In the result, appeal of the Revenue is dismissed

Bench: Shri S. S. Godara, Jm & Dr. A.L. Saini, Am Vs. M/S Uco Bank Acit, Ltu-2, Kolkata 10, Btm, Sarani, Kolkata – 700001. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacu3561B .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

115 JB of the Act which reads as under :- "Explanation 3-For the removal of doubts, it is hereby clarified that for the purposes of this section, the assessee, being a company to which the proviso to sub-section (2) of section 211 of the Companies Act, 1956 (1 of 1956) is applicable, has, for an assessment Ear commencing

ALLAHABAD BANK,KOLKATA vs. D.C.I.T CIR - 6,KOLKATA., KOLKATA

In the result, Revenue’s appeal stands partly allowed for statistical purpose

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

115 respectively and various case laws. The ld. AR reiterated same submissions as made before Ld. CIT(A). The Ld. DR, on the other hand, vehemently relied on the order of Authorities Below. 15. We have heard rival contentions of both the parties and perused the materials available on record. At the outset, we find that in similar facts

JCIT(OSD), CIRCLE - 8, KOLKATA, KOLKATA vs. M/S. OBEROI HOTELS PVT. LTD., KOLKATA

In the result, assessee’s appeals in ITA Nos

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

115/- under the provisions of section 14A of the Act read with Rule 8D of the Rules being expenses relatable to earning of exempted income. The assessee has earned total exempt income at Rs.14,96,64,407/- and disallowance was made by invoking the provisions of section 14A read with Rule 8D of the Rules at Rs.14

DCIT, CIRCLE -8, KOLKATA, KOLKATA vs. M/S. OBEROI HOTELS PVT. LTD., KOLKATA

In the result, assessee’s appeals in ITA Nos

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

115/- under the provisions of section 14A of the Act read with Rule 8D of the Rules being expenses relatable to earning of exempted income. The assessee has earned total exempt income at Rs.14,96,64,407/- and disallowance was made by invoking the provisions of section 14A read with Rule 8D of the Rules at Rs.14

OBEROI HOTELS PRIVATE LIMITED,KOLKATA vs. DCIT, CIRCLE - 8, KOLKATA, KOLKATA

In the result, assessee’s appeals in ITA Nos

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

115/- under the provisions of section 14A of the Act read with Rule 8D of the Rules being expenses relatable to earning of exempted income. The assessee has earned total exempt income at Rs.14,96,64,407/- and disallowance was made by invoking the provisions of section 14A read with Rule 8D of the Rules at Rs.14

OBEROI HOTELS PRIVATE LIMITED,KOLKATA vs. DCIT, CIRCLE -8, KOLKATA, KOLKATA

In the result, assessee’s appeals in ITA Nos

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

115/- under the provisions of section 14A of the Act read with Rule 8D of the Rules being expenses relatable to earning of exempted income. The assessee has earned total exempt income at Rs.14,96,64,407/- and disallowance was made by invoking the provisions of section 14A read with Rule 8D of the Rules at Rs.14

A.C.I.T.,CIRCLE-3(2), KOLKATA vs. M/S SATTVA DEVELOPERS PVT. LTD., KOLKATA

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

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey)

115-WE(3) and the total income was computed at Rs.1,50,88,600/-(copy given in the Paper Book). The said Total Income inter alia included income from House Property of Rs. 2,46,23,873/-.” 4.1. The reasons for re-opening are given in page-1 & 2 of the assessment order which is extracted for ready reference

ACIT, CIR-22, KOLKATA, KOLKATA vs. MRS SHEELA CHOPRA, KOLKATA

Bench: Shri Aby.T Varkey & Shri Waseem Ahmedassessment Year :2006-07 Acit, Circle-22, 169 V/S. Mrs. Sheela Chopra, A.J.C. Bose Road, 8Th R-604, The Residency, Floor, Kolkata-14 City Centre, Block Dc, Sector-1, Salt Lake City, Kolkata-700 064 [Pan No.Abwpc 6131 D] .. अपीलाथ" /Appellant ""यथ"/Respondent

Sections 54, 54F, Secs. 54 and 54F of the IT Act, 1961, provide that capital gains arising on transfer of a long term capital asset shall not be charged to tax to the extent specified therein, where the amount of capital gain is invested in a residential house. In the case of purchase of a house, the benefit is available

DCIT, CIRCLE-4(2), KOLKATA, KOLKATA vs. M/S VISHNU TEA & INDUSTRIES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee is allowed in part

Bench: Sri J. Sudhakar Reddy, Hon’Ble Am & Sri Aby T. Varkey, Hon’Ble Jm] I.T.A. No. 1749/Kol/2016 Assessment Year: 2008-09 C.O. No. 64/Kol/2016 A/O. I.T.A. No. 1749/Kol/2016 Assessment Year: 2008-09

House Kolkata – 700 001 [PAN : AACCV 1846 Q] Appearances by: Shri Dev Kumar Kothari, FCA, appearing on behalf of the assessee. Shri Saurabh Kumar, Additional CIT, DR., appearing on behalf of the Revenue. Date of concluding the hearing : November 06, 2017 Date of pronouncing the order : , 2017 2 I.T.A. No. 1749/Kol/2016 C.O. No. 64/Kol/2016 A/o. I.T.A. No. 1749/Kol/2016 Assessment Year

DCIT, CIRCLE-4(2), KOLKATA, KOLKATA vs. M/S VISHNU TEA & INDUSTRIES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee is allowed in part

Bench: Sri J. Sudhakar Reddy, Hon’Ble Am & Sri Aby T. Varkey, Hon’Ble Jm] I.T.A. No. 1749/Kol/2016 Assessment Year: 2008-09 C.O. No. 64/Kol/2016 A/O. I.T.A. No. 1749/Kol/2016 Assessment Year: 2008-09

House Kolkata – 700 001 [PAN : AACCV 1846 Q] Appearances by: Shri Dev Kumar Kothari, FCA, appearing on behalf of the assessee. Shri Saurabh Kumar, Additional CIT, DR., appearing on behalf of the Revenue. Date of concluding the hearing : November 06, 2017 Date of pronouncing the order : , 2017 2 I.T.A. No. 1749/Kol/2016 C.O. No. 64/Kol/2016 A/o. I.T.A. No. 1749/Kol/2016 Assessment Year

DCIT, CIRCLE-4(2), KOLKATA, KOLKATA vs. M/S VISHNU TEA & INDUSTRIES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee is allowed in part

Bench: Sri J. Sudhakar Reddy, Hon’Ble Am & Sri Aby T. Varkey, Hon’Ble Jm] I.T.A. No. 1749/Kol/2016 Assessment Year: 2008-09 C.O. No. 64/Kol/2016 A/O. I.T.A. No. 1749/Kol/2016 Assessment Year: 2008-09

House Kolkata – 700 001 [PAN : AACCV 1846 Q] Appearances by: Shri Dev Kumar Kothari, FCA, appearing on behalf of the assessee. Shri Saurabh Kumar, Additional CIT, DR., appearing on behalf of the Revenue. Date of concluding the hearing : November 06, 2017 Date of pronouncing the order : , 2017 2 I.T.A. No. 1749/Kol/2016 C.O. No. 64/Kol/2016 A/o. I.T.A. No. 1749/Kol/2016 Assessment Year

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 7(1), KOLKATA, KOLKATA vs. DAMODAR VALLEY CORPORATION, KOLKATA

Bench: Sri Sanjay Garg & Dr. Manish Borad

property both movable and immovable. Section 80 of the Page 8 of 15 I.T.A. Nos.: 889, 890, 891 & 892/KOL/2023 AYs: 2012-13, 2016-17, 2017-18 & 2018-19 Damodar Valley Corporation. said Act could be relevant which declares the Kerala State Electricity Board to be a company within the meaning of Income-tax Act, 1922 (old Act.) and further declares

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 7(1), KOLKA, KOLKATA vs. DAMODAR VALLEY CORPORATION, KOLKATA

Bench: Sri Sanjay Garg & Dr. Manish Borad

property both movable and immovable. Section 80 of the Page 8 of 15 I.T.A. Nos.: 889, 890, 891 & 892/KOL/2023 AYs: 2012-13, 2016-17, 2017-18 & 2018-19 Damodar Valley Corporation. said Act could be relevant which declares the Kerala State Electricity Board to be a company within the meaning of Income-tax Act, 1922 (old Act.) and further declares

ASSISTANT COMMISSIONER OF INCOME, CIRCLE - 7(1), KOLKATA, KOLKATA vs. DAMODAR VALLEY CORPORATION, KOLKATA

Bench: Sri Sanjay Garg & Dr. Manish Borad

property both movable and immovable. Section 80 of the Page 8 of 15 I.T.A. Nos.: 889, 890, 891 & 892/KOL/2023 AYs: 2012-13, 2016-17, 2017-18 & 2018-19 Damodar Valley Corporation. said Act could be relevant which declares the Kerala State Electricity Board to be a company within the meaning of Income-tax Act, 1922 (old Act.) and further declares

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 7(1), KOLKATA, KOLKATA vs. DAMODAR VALLEY CORPORATION, KOLKATA

Bench: Sri Sanjay Garg & Dr. Manish Borad

property both movable and immovable. Section 80 of the Page 8 of 15 I.T.A. Nos.: 889, 890, 891 & 892/KOL/2023 AYs: 2012-13, 2016-17, 2017-18 & 2018-19 Damodar Valley Corporation. said Act could be relevant which declares the Kerala State Electricity Board to be a company within the meaning of Income-tax Act, 1922 (old Act.) and further declares

D.C.I.T CIR - 6,KOLKATA, KOLKATA vs. M/S KILBURN ENGINEERING LTD, KOLKATA

In the result, appeal by the revenue is dismissed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ] Assessment Year : 2009-10

Housing Development and Infrastructure Ltd.(HDIL), under two agreements dt. 08.11.2007 & dt. 30.01.2009 for a consideration of Rs. 115 Crores. The sale consideration was payable by HDIL in instalments. There is no dispute that Long Term capital gain (LTCG) of Rs.81,57,21,820 resulted on account of sale of the property at Bhandhup and the transfer of the capital

ITO,WD-12(3), KOLKATA, KOLKATA vs. M/S RAMESWARA NIKET SERVICES PVT. LTD., KOLKATA

In the result, all the appeals filed by the Revenue are dismissed

Bench: Shri P. M. Jagtap)

house property as treated by the AO. 2. I have heard the arguments of both the sides and also perused the relevant material records. As pointed out by the ld. Counsel for the assessee at the outset, the tax effect involved in each of these four appeals preferred by the Revenue is less than the monetary limit