DCIT, CIR-12(1), KOLKATA, KOLKATA vs. M/S BENGAL AMBUJA HOUSING DEVELOPMENT LTD., KOLKATA

Appeal is partly allowed in above terms

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2012-13

Properties (supra). As per the Hon'ble Bombay High Court, construction of even one building with several residential units of the prescribed size would constitute a 'housing project' for the purposes of s. 80-IB(10) of the Act. 30. From the aforesaid discussion, it can be inferred that in order to understand the meaning of the expression 'housing project

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

Bench: Shri George Mathan & Shri Rakesh Mishra

House property' has been upheld. All the expenses allowable has already been considered by the AO by allowing deductions u/s 24(a) and administrative expenses and financial charges ITA No.:1218/KOL/2024 Assessment Year: 2016-17 Veerprabhu Auto Pvt. Ltd. and therefore, no other expense is allowable. Therefore, the appeal on this ground is dismissed. In the result, the appeal

BRITANNIA INDUSTRIES LTD,KOLKATA vs. DCIT, CIR-7(1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

124 taxmann.com 74) (ITAT Bangalore) (v) M/s Kancast Pvt. Ltd. vs. ITO (55 taxmann.com 171) (ITAT Pune) (vi) Voltas Ltd. v. ITO (74 taxmann.com 99) (ITAT Mum) (vii) Shri Farid Gulmohammed vs. ITO (ITA No. 5136/Mum/2014) (ITAT Mum) (viii) ITO vs Yasin Moosa Godil (20 taxmann.com 424) (ITAT Ahmedabad) (ix) ACIT vs. Nadir Nazarali Dhanani (ITA No. 100/Mum/2013) (ITAT

D.C.I.T.,CIRCLE-6(1), KOLKATA vs. SHRI SAROJ KUMAR PODDAR, KOLKATA

In the result, the appeal of the Revenue is dismissed as not maintainable

Bench: Shri J. Sudhakar Reddy, Hon’Ble & Shri Aby T. Varkey, Hon’Ble]

124. As stated above, it is a clear case of tax evasion by both the Assessee and the Group Companies and the Compensation received Group Companies and the Compensation received is taxable as “income from other is taxable as “income from other sources” u/s 56 as per the discussion made in the earlier portions of this assessment sources

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

In the result, the appeal of the assessee is allowed

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.

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

PIYUSH MOHAN AGARWAL,KOLKATA vs. PCIT-1, KOLKATA

In the result, the appeal of assessee is allowed

Bench: Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

property as on 19.03.2006. The Ld. PCIT noted that in the computation of LTCG, the assessee had debited an amount of Rs.30,38,124/- on account of expenses made directly related to sale of flat. According to 2 Piyush Mohan Agarwal, AY 2016-17 him, the amount of Rs.30,38,124/- was paid on account of repayment of housing loan

DCIT, CIRCLE-6(1), KOLKATA, KOLKATA vs. M/S NATIONAL ENGINEERING INDUSTRIES LTD., KOLKATA

In the result, appeal filed by the Revenue(in ITA No

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.986 & 987/Kol/2017 ("नधा"रणवष" / Assessment Years: 2011-12& 2012-13) D.C.I.T, Circle-6(1), Vs. M/S. National Engineering

124 page 31(SC). ii) Whether on the facts and circumstances of the case, the Learned Tribunal is justified in law in holding service charge received as business income instead of House Property without considering the decision of the latest Judgment reported in 249 ITR 47 (Cal). We are unable to admit the appeal as it is recorded

DCIT, CIRCLE-6(1), KOLKATA, KOLKATA vs. M/S NATIONAL ENGINEERING INDUSTRIES LTD., KOLKATA

In the result, appeal filed by the Revenue(in ITA No

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.986 & 987/Kol/2017 ("नधा"रणवष" / Assessment Years: 2011-12& 2012-13) D.C.I.T, Circle-6(1), Vs. M/S. National Engineering

124 page 31(SC). ii) Whether on the facts and circumstances of the case, the Learned Tribunal is justified in law in holding service charge received as business income instead of House Property without considering the decision of the latest Judgment reported in 249 ITR 47 (Cal). We are unable to admit the appeal as it is recorded

M/S ADHUNIK INFRASTRUCTURE PVT. LTD.,KOLKATA vs. JCIT, RG-10, KOLKATA, KOLKATA

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

Bench: Hon’Ble Shri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No.1281 /Kol/2015 Assessment Year : 2010-11

housing or other activities being an integral part of the highway project; The issue has been examined by the Board. It has been decided that widening of an existing road by constructing additional lanes as a part of a highway project by an undertaking would be regarded as a new infrastructure facility for the purpose of section

D.C.I.T, CIR-2,KOLKATA, KOLKATA vs. M/S PRICE WATER HOUSE COOPERS PVT., KOLKATA

In the result, to sum up, the appeals of the revenue in ITA No

Bench: Shri M. Balaganesh, Am & Shri S. S. Viswanethra Ravi, Jm]

property of the hirer or confer on the hirer an option to purchase the equipment , the transactions should be regarded as one of hire purchase. In such case the periodical payments made by the hirer should for tax purposes be regarded as made up of :- a) Consideration for hire, to be allowed as a deduction in the assessment (i.e interest

PRICE WATERHOUSE COPPERS PRIVATE LIMITED,KOLKATA vs. ADDL C.I.T RG - 2,KOLKATA, KOLKATA

In the result, to sum up, the appeals of the revenue in ITA No

Bench: Shri M. Balaganesh, Am & Shri S. S. Viswanethra Ravi, Jm]

property of the hirer or confer on the hirer an option to purchase the equipment , the transactions should be regarded as one of hire purchase. In such case the periodical payments made by the hirer should for tax purposes be regarded as made up of :- a) Consideration for hire, to be allowed as a deduction in the assessment (i.e interest

D.C.I.T, CIR-2,KOLKATA, KOLKATA vs. M/S PRICEWATERHOUSE COOPERS PVT, KOLKATA

In the result, to sum up, the appeals of the revenue in ITA No

Bench: Shri M. Balaganesh, Am & Shri S. S. Viswanethra Ravi, Jm]

property of the hirer or confer on the hirer an option to purchase the equipment , the transactions should be regarded as one of hire purchase. In such case the periodical payments made by the hirer should for tax purposes be regarded as made up of :- a) Consideration for hire, to be allowed as a deduction in the assessment (i.e interest

DCIT, CIRCLE - 10, KOLKATA, KOLKATA vs. M/S. DIC INDIA LTD., KOLKATA

In the result, both appeals of Revenue stand dismissed

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

house Coopers as part of the documents and information kept and maintained by it. Rule 10D(e) casts a responsibility on the assessee to keep and maintain information and documents regarding description of functions performed by the assessee and its AEs involved in the international transactions. In this context, reference is made to Part-IV of the Report submitted

DCIT, CIRCLE - 10, KOLKATA, KOLKATA vs. D I C INDIA LTD., KOLKATA

In the result, both appeals of Revenue stand dismissed

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

house Coopers as part of the documents and information kept and maintained by it. Rule 10D(e) casts a responsibility on the assessee to keep and maintain information and documents regarding description of functions performed by the assessee and its AEs involved in the international transactions. In this context, reference is made to Part-IV of the Report submitted

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

124 ITR 40 (SC), it was held that expenses incurred in violation of law (or to defeat the law) cannot be allowed, even if motivated by the exigencies of business ITA Nos.: 2803, 2804, 2805 & 2806/KOL/2025 AYs: 2018-19, 2022-23 & 2023-24 National Insurance Company Limited. Having considered the statutory framework, regulatory prohibition, and Supreme Court principles

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

124 ITR 40 (SC), it was held that expenses incurred in violation of law (or to defeat the law) cannot be allowed, even if motivated by the exigencies of business ITA Nos.: 2803, 2804, 2805 & 2806/KOL/2025 AYs: 2018-19, 2022-23 & 2023-24 National Insurance Company Limited. Having considered the statutory framework, regulatory prohibition, and Supreme Court principles

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

124 ITR 40 (SC), it was held that expenses incurred in violation of law (or to defeat the law) cannot be allowed, even if motivated by the exigencies of business ITA Nos.: 2803, 2804, 2805 & 2806/KOL/2025 AYs: 2018-19, 2022-23 & 2023-24 National Insurance Company Limited. Having considered the statutory framework, regulatory prohibition, and Supreme Court principles

ACIT, CIRCLE - 2(1), , KOLKATA vs. TCG URBAN INFRASTRUCTURE HOLDINGS PVT LTD.,, KOLKATA

Accordingly, the same is dismissed

Bench: Shri Sanjay Garg & Dr. M.L.Meenaआयकर अपील सं.य/

House property. However, as the same have been claimed as a deduction under the head of business income and receipts disclosed under that head, I see no good reason for the impugned disallowance. The action of the Ld. AO in the matter is therefore held to be unsustainable in the facts of the case, and is directed to be deleted

SHREE GANESH JEWELLERY HOUSE LTD.,KOLKATA vs. THE CIT -3, KOLKATA, KOLKATA

In the result, appeal filed by assessee is allowed

Bench: Shri N.V. Vasudevan & Shri Waseem Ahmedassessment Year : 2010-11 M/S. Shree Ganesh V/S. The Cit, Kolkata-3 Jewellery House Ltd Kolkata Pan: Aagcs 7343P .. अपीलाथ" /Appellant ""यथ"/Respondent

Section 263 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) vide M. No. CIT-3/Kol/263/2014-15/6520-22 dated 26.03.2015. Assessment was framed by DCIT, Central Circle-VIII, Kolkata u/s 143(3) of the Act vide his order dated 22.03.2013. Shri Kaushal Kumar Surana, Ld. Authorized Representative appeared on behalf of assessee and Shri G. Mallikarjuna, Ld. Departmental

DCIT, CIR-3(1), KOLKATA, KOLKATA vs. M/S SAREGAMA INDIA LTD, KOLKATA

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

section 256(2) of the Act by the Hon'ble Calcutta High Court. It is submitted that as the Department has accepted the dedsion of the Hon'ble Tribunal, it is not open to the Department to agitate on the same issue again without just cause. Reliance in this regard is placed on the decisions of the Hon'ble Supreme