DCIT, CIRCLE - 11(1), KOLKATA, KOLKATA vs. M/S. GRAPHITE INDIA LTD., KOLKATA

In the result, considering the discussions made above, the appeal filed by the Revenue is partly allowed and the cross objection filed by the assessee are dismissed

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

house expenses etc. were not considered in the profit and loss account of the power units. Thereafter, ld. AO proceeded to allocate such expenses to the power undertakings on an ad- hoc basis on a formula worked out by him. The ld. CIT(A) was persuaded by the arguments that all expenses considered for allocation here

CHANDRA BROS.,KOLKATA vs. I.T.O., WARD - 37(1), KOLKATA, KOLKATA

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

Bench: Sri Pradip Kumar Choubey & Sri Rakesh Mishra

house properties' on the dissolution of the firm on 13-3-1961. In the memo of Page 8 of 18 I.T.A. No.: 1572/KOL/2024 Assessment Year: 2022-23 Chandra Bros. adjustment for income-tax purposes, however, the above sum was deducted on the ground that it was not assessable either as revenue or capital. The ITO issued a notice under section

MANICK CHANDRA PAUL,KOLKATA vs. DCIT, CIRCLE - 8(1), KOLKATA

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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Year: 2014-15

144/- and, accordingly, recomputed the LTCG at Rs.36,18,119/- in respect of the said property, which was added to the total income. For the property at Aurangabad (Dag Nos.206 & 207), the 4 Manick Chandra Paul, AY: 2014-15 property was sold on 19.03.2012 relevant to F.Y. 2011-12 vide registered sale deed at a total consideration of Rs.18

POINEER PROPERTY MANAGEMENT LTD.,KOLKATA vs. ACIT, CIR. 7(2), KOLKATA

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

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. No. 467/Kol/2024 Assessment Year: 2013-2014 Pioneer Property Management Limited,…….Appellant 1St Floor, 10A, Rowdon Street, Kolkata-700017 [Pan:Aaccp5904H] -Vs.- Assistant Commissioner Of Income Tax,..…Respondent Circle-7(2), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Miraj D. Shah, A.R., Appeared On Behalf Of The Assessee Shri Ankur Goyal, Jcit, Sr. D.R. Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : May 30, 2024 Date Of Pronouncing The Order : June 07, 2024 O R D E R

144/- the property 6. Appeal to the ld. CIT(Appeals) did not bring any relief to the assessee. 7. Before us, ld. Counsel for the assessee has reiterated his contention, as were raised before the ld. Assessing Officer. He submitted that the Inspector’s report was not supplied to him. The materials collected behind the assessee by the Inspector were

M/S COAL INDIA LTD.,KOLKATA vs. DCIT, CIR-5(1), , KOLKATA

144 ITD 141 (Kolkata -Trib.)\nb. DCIT v. Ashish Jhunjhunwala (I.T.A No. 1809/Kol/2012)\nc. Balarampur Chini Mills Ltd vs. DCIT [2012] 20 taxmann.com\n117 (Kolkata)\nd. Relaxo Footwear Ltd. v. ACIT [(2012) 50 SOT 102 (Del ITAT)\ne. West Bengal Infrastructure Development Finance Corporation\nLtd [2023] 149 taxmann.com 181 (Calcutta)\nf. Maruti Udyog Ltd. v. DCIT

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

144 of the Act. 3. The Hon'ble Commissioner of Income Tax (Appeals) erred both in law and on facts by passing the order on 07/01/2025 at 11:26 IST, prior to the expiry of the 3 stipulated time period provided in the notice for submissions, thereby violating the principles of natural justice and denying a reasonable opportunity

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

144 of the Act. 3. The Hon'ble Commissioner of Income Tax (Appeals) erred both in law and on facts by passing the order on 07/01/2025 at 11:26 IST, prior to the expiry of the 3 stipulated time period provided in the notice for submissions, thereby violating the principles of natural justice and denying a reasonable opportunity

SMRITI JAISWAL,KOLKATA vs. INCOME TAX OFFICER, WARD-33(2),, KOLKATA

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

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 1224/Kol/2024 Assessment Year: 2017-2018 Smriti Jaiswal,…………………………..…………Appellant Flat 33, 86 Prince Golam Hossain Street, Kolkata-700032 [Pan:Afdpj6962N] -Vs.- Income Tax Officer,……………………………….Respondent Ward-33(2), Kolkata, 10B, Middleton Road, Kolkata-700071 Appearances By: Shri Sankar Lal Poddar, A.R., Appeared On Behalf Of The Assessee Shri Manas Mondal, Addl. Cit, D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: November 11, 2024 Date Of Pronouncing The Order: November 28, 2024 O R D E R

house property income and income from proprietary business, M/s. Movie Max, which runs Popkorn Cinema at Galaxia Mall, Ranchi. Further, the assessee is also partner in M/s. Sujata Picture Palace along with another partner, Shri Dushyant Jaiswal. During the year under consideration, Sujata Cinema was gutted in fire on 10.02.2017 before filing of the income tax returns. A copy

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

144 read with respect to section 263 of the Act. However, when the document were supplied to the assessee, the copy of notice under section 143(2) of the Act, if any, issued/served upon the assessee, was not supplied. Further, the assessee specifically requested to provide the copy of notice u/s 143(2) and proof of service, inviting attention

INDIAN COAL AGENCY,KOLKATA vs. PRINCIPAL CIT, CIRCLE - 12, KOLKATA , KOLKATA

In the result, the appeal for AY 2013-14 is partly allowed

Bench: Sonjoy Sarma & Sri Rakesh Mishra

property was rented with effect from 01/04/2013 and is in Noida and was being used as a transit house/guesthouse for business purposes. Our attention was drawn to pages 36 to 46 of the paper book filed before us. Pages 36 to 37 contain the ledger account of Smt. Vandana Sehgal and on page 36 on 20/08/2014, a sum of Page

DCIT, CIRCLE-35, KOLKATA, KOLKATA vs. M/S. INDIAN COAL AGENCY, KOLKATA

In the result, the appeal for AY 2013-14 is partly allowed

Bench: Sonjoy Sarma & Sri Rakesh Mishra

property was rented with effect from 01/04/2013 and is in Noida and was being used as a transit house/guesthouse for business purposes. Our attention was drawn to pages 36 to 46 of the paper book filed before us. Pages 36 to 37 contain the ledger account of Smt. Vandana Sehgal and on page 36 on 20/08/2014, a sum of Page

INDIAN COAL AGENCY,KOLKATA vs. DCIT, CIRCLE-35, KOLKATA, KOLKATA

In the result, the appeal for AY 2013-14 is partly allowed

Bench: Sonjoy Sarma & Sri Rakesh Mishra

property was rented with effect from 01/04/2013 and is in Noida and was being used as a transit house/guesthouse for business purposes. Our attention was drawn to pages 36 to 46 of the paper book filed before us. Pages 36 to 37 contain the ledger account of Smt. Vandana Sehgal and on page 36 on 20/08/2014, a sum of Page

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

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

property\nbelongs to the Lessor and not to the assessee and the assessee cannot\nclaim depreciation also. Therefore, we do not find any infirmity in the\norder of the Ld. CIT(A) who has confirmed 10% of the overall expenses\non estimated basis and granted relief in respect of the rest of the amount\nas the Ld. AO has himself

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

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

property\nbelongs to the Lessor and not to the assessee and the assessee cannot\nclaim depreciation also. Therefore, we do not find any infirmity in the\norder of the Ld. CIT(A) who has confirmed 10% of the overall expenses\non estimated basis and granted relief in respect of the rest of the amount\nas the Ld. AO has himself

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

property\nbelongs to the Lessor and not to the assessee and the assessee cannot\nclaim depreciation also. Therefore, we do not find any infirmity in the\norder of the Ld. CIT(A) who has confirmed 10% of the overall expenses\non estimated basis and granted relief in respect of the rest of the amount\nas the Ld. AO has himself

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

property belongs to\nthe Lessor and not to the assessee. The assessee can not claim depreciation\nalso. Considering the factual position, we are of the view that order passed\nby the Id CIT (A) does not contain any infirmity. Therefore, we confirm the\norder of ld. CIT(A). and Ground No. 2 of the appeal is\ndismissed.\n8. Ground

MRS SUCHITRA SENGUPTA,KOLKATA vs. ITO, WARD 49(1), KOLKATA

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

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2017-18

section 144 of the Income-tax Act, 1961 (hereinafter referred to as the “Act”) by the ITO, Ward 49(1), Kolkata, dated 29.05.2023. 2. The grounds of appeal raised by the assessee are reproduced as under: “1 That on the facts and circumstances of the case the Ld. C.I.T (A) erred in accepting that the Notice issued

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]

houses within country and abroad. The ICC was set up with the sole purpose of promotion and protection of Indian business and industry and was duly registered u/s 12A of the Act as a charitable association with the main objects as set out in Clause 3 of MAA of the assessee company as “to promote and protect the trade, commerce