RAJATGIRI OIL INDUSTRIES,KOLKATA vs. ACIT, KOLKATA

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

Bench: Shri Sanjay Garg & Shri Girish Agrawal

138 which may kindly be deleted.” 2.3 Grounds of appeal in respect of AY 2016-17 read as under: “1. On the facts and in the circumstances of the case and in law the C.I.T.(A) erred in holding that there is no infirmity found in estimation of rent Rs.17,38,800 and adding with the total income which

RAJATGIRI OIL INDUSTRIES,KOLKATA vs. ACIT, KOLKATA

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

Bench: Shri Sanjay Garg & Shri Girish Agrawal

138 which may kindly be deleted.” 2.3 Grounds of appeal in respect of AY 2016-17 read as under: “1. On the facts and in the circumstances of the case and in law the C.I.T.(A) erred in holding that there is no infirmity found in estimation of rent Rs.17,38,800 and adding with the total income which

RAJATGIRI OIL INDUSTRIES,KOLKATA vs. ACIT, KOLKATA

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

Bench: Shri Sanjay Garg & Shri Girish Agrawal

138 which may kindly be deleted.” 2.3 Grounds of appeal in respect of AY 2016-17 read as under: “1. On the facts and in the circumstances of the case and in law the C.I.T.(A) erred in holding that there is no infirmity found in estimation of rent Rs.17,38,800 and adding with the total income which

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

In the result, the appeals of the Revenue for A

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

section 22 income from house property is liable to the taxed. The income that the club had made in the instant case was from letting out the rooms. The income was derived from providing many facilities to the members including accommodation. Neither the club nor the members had treated these facilities separately and the department could not also treat them

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

In the result, the appeals of the Revenue for A

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

section 22 income from house property is liable to the taxed. The income that the club had made in the instant case was from letting out the rooms. The income was derived from providing many facilities to the members including accommodation. Neither the club nor the members had treated these facilities separately and the department could not also treat them

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

In the result, the appeals of the Revenue for A

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

section 22 income from house property is liable to the taxed. The income that the club had made in the instant case was from letting out the rooms. The income was derived from providing many facilities to the members including accommodation. Neither the club nor the members had treated these facilities separately and the department could not also treat them

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

In the result, the both appeals of the Revenue are dismissed

Bench: Shri A. T. Varkey, Jm & Shri A.L.Saini, Am]

Properties vs. DCIT (138 ITD 278) (Pune ITAT) 4.26 Copies of these decisions were filed in the course of hearing from which it appeared that in all the above cases the assessees had undertaken development of housing projects which were approved by a common sanction granted by the local authorities. The assessees however completed the construction of the housing projects

GANESHDAS RAMGOPAL,KOLKATA vs. DCIT, CIR-40, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Hon’Ble Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year : 1999-2000

house property income or other sources. The limited issue was that before CIT u/s 264 of the Act that the AO erred in treating the municipal taxes received as income of the assessee which was deleted by the ld. CIT u/s 264 of the Act. As such, there was no mistake apparent from record in the order

OBEROI BUILDINGS AND INVESTMENTS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-5, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

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

house property' as against offered by the assessee under the head 'Income from business' leading to increase in assessed Income by Rs.6,43,482/- relying on the decision of CIT vs Poddar Cement Ltd reported in 226 ITR 625. The abovementioned disallowance was confirmed by the Hon’ble ITAT, Kolkata. The ld. AO opined that the appellant has furnished inaccurate

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

section as well. In view of the authoritative pronouncement of the Supreme Court, this court cannot decide otherwise. Hence we dismiss the appeal without any order as to costs.” 13. It can be seen from the above decision of the Hon’ble Calcutta High Court that Amendment to the provisions of Sec.40(a)(ia) of the Act, by the Finance

ITO, WD-12(3), KOLKATA, KOLKATA vs. AMRABATHI INVESTRA PVT. LTD., KOLKATA

In the result the appeal by the revenue is dismissed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ] Assessment Year : 2008-09

section 73 namely (i) companies whose gross total income consists mainly of income which is chargeable under the head “Interest on securities””Income from house property”, capital gains, income from other sources , (ii) a company the principal business of which is the business of banking or granting loans and advances. The assessee claimed that it was an NBFC

M/S. B O C INDIA LTD.,KOLKATA vs. A.C.I.T., CIR-12, KOLKATA, KOLKATA

In the result, assessee’s appeal is partly allowed for statistical purpose

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

House, P-43, V/s. Kolkata, 3 Taratala Road, Kolkata- Government Place 700 088 (West), Kolkata-01 [PAN No.AAACB 2528 H] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Sallong Yaden, JCIT-SR-DR अपीलाथ" क" ओर से/By Appellant Shri K.R. Vasudevan, AR ""यथ" क" ओर से/By Respondent Shri Basant Gadhyan, Advocate Shri Hardik Lakhani, Advocate 11-03-2016 सुनवाई क" तार

D.C.I.T., CIR-12, KOLKATA vs. M/S. B O C INDIA LTD.,

In the result, assessee’s appeal is partly allowed for statistical purpose

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

House, P-43, V/s. Kolkata, 3 Taratala Road, Kolkata- Government Place 700 088 (West), Kolkata-01 [PAN No.AAACB 2528 H] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Sallong Yaden, JCIT-SR-DR अपीलाथ" क" ओर से/By Appellant Shri K.R. Vasudevan, AR ""यथ" क" ओर से/By Respondent Shri Basant Gadhyan, Advocate Shri Hardik Lakhani, Advocate 11-03-2016 सुनवाई क" तार

DCIT, CIR-7(1), KOLKATA, KOLKATA vs. M/S JET AGE SECURITIES PVT. LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Hon’Ble Shri M.Balaganesh, Am & Hon’Ble Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 1359/Kol/2015 Assessment Year : 2011-12 Dcit, Circle-7(1), Kolkata -Vs- M/S Jet Age Securities Pvt. Ltd. [Pan: Aabcj 0993 R] (Appellant) (Respondent)

138/- and Other STCG was Rs 8,93,714/-. Assessment was framed u/s 143(3) of the Act wherein STCG claimed u/s 111A of the Act was sought to be taxed as business income by the ld AO. For Asst Year 2011-12 , the Own Capital & Reserves was Rs 42,64,37,583/- ; STCG offered u/s 111A

JCIT(OSD), CIRCLE -4, KOLKATA, KOLKATA vs. M/S GILLANDER ARBITHNOT & CO. LTD., KOLKATA

In the result, the appeal of revenue is dismissed

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

section 36(2).” 17. We have heard Ld. Counsel for the assessee and gone through facts and circumstances of the case. Briefly stated facts are that the assessee company granted loan to one Kanoi Plantation Pvt. Ltd. amounting to Rs.45,00,000/- in the normal course of business i.e. money lending. The assessee also charged interest on this loan

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

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

138) of the aforesaid Hon'ble Tribunal's order where the agreement based on which the royalty paid has been stated at Paragraph 11. The said paragraph read as follows - "The agreement with the producers of films for the purpose of obtaining the copyright in the film songs and music of the original sound track also contains the following clause

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

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

138) of the aforesaid Hon'ble Tribunal's order where the agreement based on which the royalty paid has been stated at Paragraph 11. The said paragraph read as follows - "The agreement with the producers of films for the purpose of obtaining the copyright in the film songs and music of the original sound track also contains the following clause

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

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

138) of the aforesaid Hon'ble Tribunal's order where the agreement based on which the royalty paid has been stated at Paragraph 11. The said paragraph read as follows - "The agreement with the producers of films for the purpose of obtaining the copyright in the film songs and music of the original sound track also contains the following clause