NEZONE TUBES LIMITED,KOLKATA vs. DCIT, CIRCLE 1(1), KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

133(6) vide reply dated 09.05.2023 and have confirmed the loan transactions with the appellant company and that all the transaction have been made through banking channels. Further, M/s Primary Investment Consultants Pvt Ltd in its reply submitted before the AO all the details regarding loan transaction with the appellant company has also submitted source of loan received. And also

ITO, WARD-36(1), KOLKATA, KOLKATA vs. SRI RAGHU NANDAN MODI, KOLKATA

In the result, Revenue’s appeal is dismissed

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

D E R PER BENCH:- These two appeals by the Revenue and Cross Objection (CO) filed by the assessee are directed against the different orders of Commissioner of Income Tax (Appeals)-XX, Kolkata of even dated i.e. 10.09.2014. Assessments were framed by ITO Ward-36(1), Kolkata u/s 143(3)/147) of the ITA No.2186-87/Kol/2014 & CO 03-04/Kol/2015 A.Ys

SHRI PRAMOD KUMAR TEKRIWAL,KOLKATA vs. INCOME TAX OFFICER, WARD - 30(4), KOLKATA, KOLKATA

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

Bench: Shri P.M.Jagtap & Shri S.S. Viswanethra Ravi

D E R Per Shri S.S. Viswanethra Ravi :- This appeal filed by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-XIV, Kolkata dated 08- 08-2013 for the assessment year 2009-10 on the following grounds:- ITA No. 2458/K/13 Shri Pramod Kumar Tekriwal1 1. On the facts and in the circumstances of the case

GIFFORD & PARTNERS LTD.(SINCE MERGED WITH GIFFORD LLP),KOLKATA vs. ADIT (INTERNATIONAL TAXATION) - 1(1), KOLKATA, KOLKATA

In the result ITA No.1489/Kol/11 is partly allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] Assessment Year : 2007-08

133 of the paper book). Schedule-1 to this agreement details the following as the services to be rendered by M/S.Appledore, viz., Conceptual and outline Design, Technical Specifications for Plant and Equipment, Review and comment on Prequalification documents, Review and comment on Bidders proposal tender documents, Review and Comment on Quality Manuals and Method statements of contractors. All these services

GIFFORD & PARTNERS LTD.(SINCE MERGED WITH GIFFORD LLP),KOLKATA vs. DDIT, INTERNATIONAL TAXATION - 1(1), KOLKATA, KOLKATA

In the result ITA No.1489/Kol/11 is partly allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] Assessment Year : 2007-08

133 of the paper book). Schedule-1 to this agreement details the following as the services to be rendered by M/S.Appledore, viz., Conceptual and outline Design, Technical Specifications for Plant and Equipment, Review and comment on Prequalification documents, Review and comment on Bidders proposal tender documents, Review and Comment on Quality Manuals and Method statements of contractors. All these services

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

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

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

1,90,76,680/- by invoking his power of enhancement is bad in law. 3. Facts in brief are that the assessee filed return of income on 17.09.2013 declaring total income at NIL. The assessee the Indian Chamber of Commerce (in short ICC) is an association of industrialist, being a company registered u/s 25 of Companies Act as non-profit

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

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

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

1,90,76,680/- by invoking his power of enhancement is bad in law. 3. Facts in brief are that the assessee filed return of income on 17.09.2013 declaring total income at NIL. The assessee the Indian Chamber of Commerce (in short ICC) is an association of industrialist, being a company registered u/s 25 of Companies Act as non-profit

M/S. SPML INFRA LIMITED ,KOLKATA vs. DCIT, CIRCLE - 8(2), KOLKATA , KOLKATA

In the result, the appeal of the assessee in ITA No

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1228/Kol/2018 ("नधा"रणवष" / Assessment Year:2011-12)

D E R Per A.L. Saini, AM: The captioned cross appeals filed by the Assessee as well as Revenue, pertaining to assessment year 2011-12, are directed against the order passed by the Ld. Commissioner of Income Tax (Appeal)-3, Kolkata in appeal no. M/s SMPL Infra Ltd. ITA Nos. 1228 & 1211/Kol/2018 Assessment Year:2011-12 10812/CIT(A)-3/R-8/Kol/15-16

DCIT, CIRCLE - 8(2), KOLKATA , KOLKATA vs. M/S. SPML INFRA LIMITED , KOLKATA

In the result, the appeal of the assessee in ITA No

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1228/Kol/2018 ("नधा"रणवष" / Assessment Year:2011-12)

D E R Per A.L. Saini, AM: The captioned cross appeals filed by the Assessee as well as Revenue, pertaining to assessment year 2011-12, are directed against the order passed by the Ld. Commissioner of Income Tax (Appeal)-3, Kolkata in appeal no. M/s SMPL Infra Ltd. ITA Nos. 1228 & 1211/Kol/2018 Assessment Year:2011-12 10812/CIT(A)-3/R-8/Kol/15-16

DCIT, CC-4(1), KOLKATA, KOLKATA vs. M/S. MAAN CAPITAL SERVICES PVT. LTD. , KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Hon’Ble Shri S.S.Godara, Jm & Hon’Ble Shri M.Balaganesh, Am] I.T.A No. 1193/Kol/2017 Assessment Year : 2009-10 Dcit,Cc-4(1), Kolkata -Vs- M/S Maan Capital Services Pvt. Ltd. [Pan: Aaccm 0388 G] (Appellant) (Respondent)

133(6) of the Act were issued to the investor companies 2 3 M/s Maan Capital Services Pvt. Ltd. A.Yr. 2009-10 and replies received from them were examined in detail. The assessee in response to show cause notice issued by the ld AO stated that share application money received from the aforesaid three parites were duly verified

NLC NALCO INDIA LTD.,KOLKATA vs. ACIT, CIRCLE - 11, KOLKATA, KOLKATA

In the result, the appeal of assessee in ITA No

Bench: Shri Mahavir Singh, Jm& Shri Waseem Ahmed, Am]

property 4. Particulars in respect of providing services 15,174,980.00 TNMM 5. Interest on loan received 1,603,119.00 Comparable Uncontrolled price (‘CUP’) Method 6. Reimbursement of expenses 6,893,894.00 TNMM The TPO observed in his order that in response to the notice u/s 92CA (2) of the Act, the assessee attended his office and filed details which

N L C NALCO INDIA LTD PREVIOUSLY KNOWN AS ONDEO NALCO INDIA LTD.,KOLKATA vs. ACIT, CIR - 11, KOLKATA, KOLKATA

In the result, the appeal of assessee in ITA No

Bench: Shri Mahavir Singh, Jm& Shri Waseem Ahmed, Am]

property 4. Particulars in respect of providing services 15,174,980.00 TNMM 5. Interest on loan received 1,603,119.00 Comparable Uncontrolled price (‘CUP’) Method 6. Reimbursement of expenses 6,893,894.00 TNMM The TPO observed in his order that in response to the notice u/s 92CA (2) of the Act, the assessee attended his office and filed details which

GARUD CREDIT & HOLDING PVT LTD,KOLKATA vs. I.T.O WD - 9(2),KOLKATA, KOLKATA

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

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No. 1270/Kol/2013 Assessment Year: 2009-2010 Garud Credit & Holding Pvt. Limited,.........Appellant D.J. Shah & Co., 2, Elgin Road, Kolkata-700020 [Pan: Aaacg9791P] -Vs.- Income Tax Officer,.................................Respondent Ward-9(2), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Veekaas S. Sharma, Ca, Appeared On Behalf Of The Assessee Shri P.P. Barman, Addl. Cit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : February 06, 2023 Date Of Pronouncing The Order : May 01, 2023 O R D E R

D E R Per Dr. Manish Borad, Accountant Member:- This appeal at the instance of assessee for assessment year 2009-10 is directed against the order of ld. Commissioner of Income Tax, Kolkata-III, Kolkata dated 05.03.2013 framed under section 263 of the Act. 1 Assessment Year: 2009-2010 Garud Credit & Holding Pvt. Limited 2. The grounds of appeal raised

SIKA INDIA PVT. LTD.,KOLKATA vs. DCIT, CIR-11, KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed in part and in appeal of the revenue is dismissed

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi]

property (Knowhow etc.), duration and degree of protection, segment of industry and anticipated benefits are same or similar and the economic environment and geographical area of the licensor and licensee in case of comparable is also same or similar; 3. Whether on the basis of facts and in law, Ld. DRP, Kolkata have erred in holding that the determination

DCIT, CIR-11, KOLKATA, KOLKATA vs. M/S SIKA INDIA PVT. LTD., KOLKATA

In the result, appeal of the assessee is allowed in part and in appeal of the revenue is dismissed

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi]

property (Knowhow etc.), duration and degree of protection, segment of industry and anticipated benefits are same or similar and the economic environment and geographical area of the licensor and licensee in case of comparable is also same or similar; 3. Whether on the basis of facts and in law, Ld. DRP, Kolkata have erred in holding that the determination

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

D E R PER Waseem Ahmed, Accountant Member:- These cross appeals by assessee and Revenue are against the common order of Commissioner of Income Tax (Appeals)-VI, Kolkata dated 12.12.2012. Assessment was framed by DCIT, Circle-6, Kolkata u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) vide his order dated 29.12.2011 for assessment

ITO, WD-30(4), KOLKATA, KOLKATA vs. M/S S. L. D. CORPORATION, KOLKATA

Accordingly, Ground No.5 raised by the Revenue is dismissed

house property” notwithstanding the nature of property being stock in trade or the object of the assessee firm to exploit the property commercially as held recently by the Hon’ble Supreme Court in the case of Raj Dadarkar & Associates. Therefore, M/s. S. L. D Corporation I.T.A No.1220/Kol/2014 Assessment Year: 2009-10 we set aside the impugned order

ABC INDIA LIMITED,KOLKATA vs. DCIT, CIRCLE 11(1),, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm Abc India Limited Dcit, Circle 11(1) 40/8, Ballygunj, Circular Road, Aayakar Bhawan, Chowringhee Kolkata, West Bengal-700019 Square, Kolkata-700069 Vs. West Bengal (Appellant) (Respondent) Pan No. Aacca2035J Assessee By : Shri S.K. Pransukhka, Ar Revenue By : Shri Sanjib Kumar Paul, Dr Date Of Hearing: 16.02.2026 Date Of Pronouncement: 15.04.2026

d. Whether Ld. ITAT erred in law in not appreciating that section 2(47)(vi) of the Act provides for enjoyment of immovable property by the transferee irrespective of the situation that the transfer of the immovable property under the provisions of the 'Transfer of Property Act, 1882', has taken place or not and in the present case, the assessee