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211 results for “house property”+ Section 12clear

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Key Topics

Section 143(3)65Addition to Income64Section 25047Section 14747Section 115J36Disallowance33Section 26331Section 14830Section 14A30

SAROJ GOENKA,KOLKATA vs. I.T.O., WARD - 30(1), KOLKATA

In the result, the appeal of the assessee is allowed

ITA 2129/KOL/2025[2021-2022]Status: DisposedITAT Kolkata12 Jan 2026AY 2021-2022
Section 142(1)Section 143(2)Section 250Section 54F

property and provisions of Section\n54F were/are applicable to all other assets, not being a residential house. In J.R.\nSubramanya Bhat (supra), Karnataka High Court noticed language of Section 54 which\nstipulated that the assessee should within one year from the date of transfer purchase, or\nwithin a period of two years thereafter, construct a residential house to avail

ZAFAR IQBAL,SILIGURI vs. DCIT, CIRCLE - 1, SILIGURI, SILIGURI

In the result, the appeal filed by the assessee is partly allowed for\nstatistical purposes

Showing 1–20 of 211 · Page 1 of 11

...
Limitation/Time-bar27
Deduction22
Section 2420
ITA 1170/KOL/2024[2016-2017]Status: Disposed
ITAT Kolkata
05 Feb 2026
AY 2016-2017
Section 250Section 54F

house was being shown in the balance sheet of previous\nyear and he was not having two residential properties, but only some\naddition was done to the existing property. The Ld. AO has not\nmentioned the details of the property and the contention of the\nassessee is verified from the details filed before us. This fact could\nnot be rebutted

E M C PROJECTS PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 7(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1063/KOL/2024[2014-2015]Status: DisposedITAT Kolkata20 Aug 2024AY 2014-2015

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 1063/Kol/2024 Assessment Year: 2014-2015 Emc Projects Pvt. Limited,………………..………Appellant 2, Robinson Street, Shakespeare Sarani, Kolkata-700017 [Pan:Aaace7218F] -Vs.- Deputy Commissioner Of Income Tax,………Respondent Circle-7(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri S.K. Tulsiyan, Advocate, Appeared On Behalf Of The Assessee Shri Jitendra Kantilal Surti, Jcit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : August 12, 2024 Date Of Pronouncing The Order : August 20, 2024 O R D E R

Section 142(1)Section 143(2)Section 143(3)Section 263Section 263(1)

sections 11 and 12 of the Income Tax Act of 1961. 22. In the light of above discussion, we are of the view that rental income declared by the assessee deserves to be assessed as an income from house property

PADMALOCHANAN RADHAKRISHNAN,KOLKATA vs. A.C.I.T., CIRCLE - 62, KOLKATA, KOLKATA

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

ITA 130/KOL/2023[2014-2015]Status: DisposedITAT Kolkata17 Apr 2023AY 2014-2015

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. No. 130/Kol/2023 Assessment Year: 2014-2015

Section 143(2)Section 143(3)Section 71Section 71(4)Section 80T

sections 23, 24 and 71 of the Income Tax Act as well as considering the documentary evidence to be placed by the assessee in support of the alleged claim of interest paid on house property loan for which reasonable opportunity of hearing to be given to the assessee. Thus Grounds No. 1 to 3 are allowed for statistical purposes. 12

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

house property'. The provisions of section 23(4) are meant only for properties that are held as investments and not as stock-in-trade. It is also found that the charging provisions of section 22 specifically gives exemption from determination of actual value of the property which is used for the purpose of any business or provision carried

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

section 22 to 27 of the Act can be granted for computing the income of the property. Accordingly, claim of deduction towards Rajatgiri Oil Industries., AYs 2009-10, 2010-11, 2013-14 & 2016-17 depreiation on the said property u/s. 32 is not available. We thus, do not find any reason to interfere in the finding given

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

section 22 to 27 of the Act can be granted for computing the income of the property. Accordingly, claim of deduction towards Rajatgiri Oil Industries., AYs 2009-10, 2010-11, 2013-14 & 2016-17 depreiation on the said property u/s. 32 is not available. We thus, do not find any reason to interfere in the finding given

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

section 22 to 27 of the Act can be granted for computing the income of the property. Accordingly, claim of deduction towards Rajatgiri Oil Industries., AYs 2009-10, 2010-11, 2013-14 & 2016-17 depreiation on the said property u/s. 32 is not available. We thus, do not find any reason to interfere in the finding given

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

section 22 to 27 of the Act can be granted for computing the income of the property. Accordingly, claim of deduction towards Rajatgiri Oil Industries., AYs 2009-10, 2010-11, 2013-14 & 2016-17 depreiation on the said property u/s. 32 is not available. We thus, do not find any reason to interfere in the finding given

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 without giving cognizance to the fact that the rental income has been earned from the corporate member, hence was not included in the total income by the appellant as the property was let out to one of its members. It is also well settled law that a club cannot earn from its own members. I also find that

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 without giving cognizance to the fact that the rental income has been earned from the corporate member, hence was not included in the total income by the appellant as the property was let out to one of its members. It is also well settled law that a club cannot earn from its own members. I also find that

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 without giving cognizance to the fact that the rental income has been earned from the corporate member, hence was not included in the total income by the appellant as the property was let out to one of its members. It is also well settled law that a club cannot earn from its own members. I also find that

SMT. PRIYANKA GANGULY,KOLKATA vs. D.C.I.T.(IT)-CIRCLE-2(1), KOLKATA

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

ITA 2619/KOL/2019[2016-17]Status: DisposedITAT Kolkata19 Feb 2024AY 2016-17

Bench: Dr. Manish Borad&Shri Anikesh Banerjee]

Section 143(3)Section 23Section 234BSection 234DSection 24Section 250

house property in terms of the above principles. b. Rs. 2,37,459/- : Accordingly to Ld. AO, during the assessment stage, the assessee did not provide the bank statement bearing A/c No. 000201043669. Further the Ld. AO has also stated that verification of the said bank account revealed that the assessee received Rs.2,37,459/- in her bank account

RAJATGIRI OIL INDUSTRIES,KOLKATA vs. ACIT, CIR-28/KOL, KOLKATA

In the result, appeal of the assessee is dismissed

ITA 475/KOL/2023[2011-12]Status: DisposedITAT Kolkata07 Feb 2024AY 2011-12

Bench: Shri Sanjay Garg & Dr. Manish Borad

For Appellant: Shri Somnath Banerjee, AdvocateFor Respondent: Shri B. K. Singh, JCIT, Sr. DR
Section 143(1)Section 143(3)Section 147Section 148Section 154Section 22Section 32

section 22 to 27 of the Act can be granted for computing the income of the property. Accordingly, claim of deduction towards depreiation on the said property u/s. 32 is not available. We thus, do not find any reason to interfere in the finding given by the Ld. CIT(A) in this respect, upholding the disallowance on claim of depreciation

BANI BROTO BANERJEE ,KOLKATA vs. CIT(A), KOLKATA

In the result, the appeal of the assessee is allowed

ITA 520/KOL/2023[2014-15]Status: DisposedITAT Kolkata18 Nov 2024AY 2014-15

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 520/Kol/2023 Assessment Year: 2014-2015 Bani Broto Banerjee,…………………..…………Appellant Sanskriti, Flat – 3A, 148, Rashbehari Avenue, Near Deshapriya Park, Kolkata-700029 [Pan:Abppb0424P] -Vs.- Commissioner Of Income Tax (Appeals),……Respondent Aayakar Bhawan Dakshin, 2, Gariahat Road (South), Kolkata-700031 Appearances By: Shri Akshay Ringasia, C.A., Appeared On Behalf Of The Assessee Smt. Ranu Bisws, Addl. Cit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : September 24, 2024 Date Of Pronouncing The Order : November 18, 2024 O R D E R

Section 142(1)Section 143(2)Section 48Section 57

section 142(1) were issued and served upon the assessee. On perusal of 2 Bani Broto Banerjee the record, it revealed to the ld. Assessing Officer that the assessee was holding 99% share of Rainey Park Limited. The Guest House/Hotel was being run by the assessee and ultimately on account of losses faced by him, he has sold the property

VEERPRABHU AUTO PVT. LTD.,KOLKATA vs. A.C.I.T., CC - 2(4), KOL, KOLKATA

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

ITA 1218/KOL/2024[2016-2017]Status: DisposedITAT Kolkata12 Jan 2026AY 2016-2017

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 132Section 143(3)Section 250

12-January-2026 ORDER PER RAKESH MISHRA, ACCOUNTANT MEMBER: This appeal filed by the assessee is against the order of the Commissioner of Income Tax (Appeals)-26, Kolkata [hereinafter referred to as Ld. 'CIT(A)'] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for AY 2016-17 dated 05.03.2024. 1.1. The Registry

PARVESH SHARMA,KOLKATA vs. ITO, WARD 49(1),, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1388/KOL/2025[2018-2019]Status: DisposedITAT Kolkata31 Oct 2025AY 2018-2019

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 1388/Kol/2025 Assessment Year: 2018-2019 Parvesh Sharma,……………………………...……Appellant 106, B.T. Road, Rajbari, Bonhooghly, Kolkata-700108, West Bengal [Pan:Bmpps3173Q] -Vs.- Income Tax Officer,……………………………..Respondent Ward-49(1), Kolkata, Income Tax Office, Uttarapan Complex Ds-Iv, Kolkata-700054, W.B.

Section 142(1)Section 143(2)Section 24

sections 24(b) and 80C(2) of the Income Tax Act, 1961, for the two properties are in the names of Parvesh Sharma and Rohini Sharma. Therefore, the appellant’s assertion that there is no co-owner of the properties is factually incorrect. Furthermore, the appellant claims to have enclosed the purchase deeds for both properties, however, the documents submitted

MAYURA MOHTA,MUMBAI vs. D.C.I.T., CIRCLE - 29,, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1953/KOL/2024[2017-2018]Status: HeardITAT Kolkata21 Jan 2025AY 2017-2018

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Dcit, Circle-29 Mayura Mohta Aaykar Bhavan Dakshin, 2, Sumer Trinity Towers 202, Tower-I, New Prabhadevi Road, Gariahat Road (South), Vs. Prabha Devi, Mumbai-400 025 Kolkata-700031, West Bengal (Appellant) (Respondent) Pan No. Aevpm3232R Assessee By : Shri Sunil Surana, Ar Revenue By : Shri Monalisha Pal Mukherjee, Dr Date Of Hearing: 16.12.2024 Date Of Pronouncement : 21.01.2025

For Appellant: Shri Sunil Surana, ARFor Respondent: Shri Monalisha Pal Mukherjee
Section 54Section 54F

property and utilises the money for acquiring a plot for the construction of the house and if facts and circumstances point out that assessee intended to construct the house, which has been found so, then it is clear that he wants to avail exemption as provided under the law. Now if the developerafter receiving the money could not fulfill

ONKAR SOCIETY FOR ENGINEERING & TECHNOLOGICAL ,KOLKATA vs. ACIT, CIR. 2, DURGAPUR

In the result, the appeal of the assessee is allowed

ITA 815/KOL/2024[2018-19]Status: DisposedITAT Kolkata26 Aug 2024AY 2018-19

Bench: Shri Sanjay Gargshri Rakesh Mishra

Section 11Section 12ASection 12A(1)(ba)Section 139Section 139(1)Section 139(4)Section 143(3)Section 263

House, 7th Floor, C R Avenue Kolkata - 700012 [PAN: AAATO2116M] ….......................…...……………....Appellant vs. Assistant Commissioner of Income Tax, Circle – 2, Durgapur Aayakar Bhawan, Durgapur ..........................…..…..... Respondent Appearances by: Assessee represented by : Shri S.K. Tulsiyan, Advocate Ms. Puja Somani, CA Department represented by : Shri Rakesh Kumar Das Date of concluding the hearing : July 10, 2024 Date of pronouncing the order : August

ORIENTAL CHARITABLE FOUNDATION,KOLKATA vs. CIT(EXEMPTIONS), KOLKATA

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

ITA 257/KOL/2022[2017-18]Status: DisposedITAT Kolkata04 Jul 2024AY 2017-18

Bench: Shri Rajpal Yadav & Shri Rakesh Mishraassessment Year: 2017-18

For Appellant: Shri Siddarth Agrwal, AdvocateFor Respondent: Shri Subhendu Datta, CIT, DR
Section 11Section 11(1)(d)Section 12ASection 143(3)Section 263

house property, business loss, capital gains etc. while the income of the trust is to be computed as per the normal commercial principles by considering the receipt and expenditure for the relevant period. It is also stated that out of total receipts received in the relevant year at Rs.68,41,927/-, only Rs. 80,000/- was on account of donations