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101 results for “house property”+ Section 144(3)clear

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Key Topics

Section 143(3)81Addition to Income58Section 80I38Section 26337Disallowance34Section 14A30Section 25029Section 143(2)25Section 14723

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

Appeal is partly allowed in above terms

ITA 1298/KOL/2016[2012-2013]Status: DisposedITAT Kolkata20 Nov 2019AY 2012-2013

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

Section 143(3)Section 22Section 27

property. In the result the grounds of appeal raised by the assessee are allowed.” 35. We further note that identical view has been expressed by the coordinate Benches of this Tribunal in the following cases holding that the flats which remained vacant and unsold, no deemed ALV thereof could be assessed as income u/s 23 of the Act. - C.R. Development

ITO, WD-1(4), KOLKATA, KOLKATA vs. M/S COMMAND CONSTRUCTIONS PVT. LTD., KOLKATA

In the result, the appeal by the Revenue is dismissed”

ITA 571/KOL/2015[2006-2007]Status: Disposed

Showing 1–20 of 101 · Page 1 of 6

Deduction23
Section 8017
Depreciation14
ITAT Kolkata
16 Oct 2018
AY 2006-2007

Bench: Hon’Ble Shri A T Varkey, Jm & Shri M.Balaganesh, Am] I.T.A No. 571/Kol/2015 Assessment Year : 2006-07 Ito, Ward-1(4), Kolkata -Vs- M/S Command Constructions Private Ltd. [Pan: Aaccc5075A ] (Appellant) (Respondent)

For Appellant: Shri Md.Usman, CIT DRFor Respondent: Shri J. P. Khaitan, Sr. Counsel
Section 143(1)Section 147Section 148Section 45(3)

properties. The said firm subsequently obtained such loan/credit facilities to the extent ofRs.250 crores. 3.3. The said three companies transferred the said land to the said firm on January 9, 2006 at cost and such cost was the amount recorded in the books of account of the said firm for the year ended March 31, 2006 as the value

ITO, WD-1(4), KOLKATA, KOLKATA vs. M/S BLUE HEAVEN GRIHA NIRMAN PVT. LTD., KOLKATA

In the result, the appeal by the Revenue is dismissed”

ITA 570/KOL/2015[2006-2007]Status: DisposedITAT Kolkata01 Aug 2018AY 2006-2007

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 570/Kol/2015 Assessment Year : 2006-07 Ito, Ward-1(4), Kolkata -Vs- M/S Blue Heaven Griha Nirman Pvt. Ltd. [Pan: Aaccb 3287 F ] (Appellant) (Respondent)

For Appellant: Shri Goulean Hangshing, CIT DRFor Respondent: Shri J. P. Khaitan, Sr. Counsel
Section 143(1)Section 147Section 148Section 45(3)

properties. The said firm subsequently obtained such loan/credit facilities to the extent ofRs.250 crores. 3.3. The said three companies transferred the said land to the said firm on January 9, 2006 at cost and such cost was the amount recorded in the books of account of the said firm for the year ended March 31, 2006 as the value

ITO, WD-1(4), KOLKATA, KOLKATA vs. M/S ORCHID GRIHA NIRMAN PRIVATE LTD., KOLKATA

In the result, the appeal by the Revenue is dismissed”

ITA 569/KOL/2015[2006-2007]Status: DisposedITAT Kolkata26 Sept 2018AY 2006-2007

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S. Viswanethra Ravi, Jm] I.T.A No. 569/Kol/2015 Assessment Year : 2006-07 Ito, Ward-1(4), Kolkata -Vs- M/S Orchid Griha Nirman Pvt. Ltd. [Pan: Aaaco 7148 L ] (Appellant) (Respondent)

For Appellant: Shri Goulean Hangshing, CIT DRFor Respondent: Shri J. P. Khaitan, Sr. Counsel
Section 143(1)Section 147Section 148Section 45(3)

properties. The said firm subsequently obtained such loan/credit facilities to the extent ofRs.250 crores. 3.3. The said three companies transferred the said land to the said firm on January 9, 2006 at cost and such cost was the amount recorded in the books of account of the said firm for the year ended March 31, 2006 as the value

DCIT, CIR-6(1), KOLKATA, KOLKATA vs. M/S INDIA CITY PROPERTIES LTD., KOLKATA

In the result, the revenue’s appeal for A

ITA 1184/KOL/2015[2010-2011]Status: DisposedITAT Kolkata29 Nov 2017AY 2010-2011
Section 23

144) 3. Godra Electricity Co. Ltd. vs CIT (225 ITR 746) I further find that this particular issue has been adjudicated upon by various Courts including the jurisdictional Calcutta High Court in the case of CIT vs Satya Co. Ltd. (75 Taxman 193) and Full Bench of Delhi High Court in the case of CIT vs Moni Kumar Subba

DCIT, CIR-6(1), KOLKATA, KOLKATA vs. M/S INDIA CITY PROPERTIES LTD., KOLKATA

In the result, the revenue’s appeal for A

ITA 1183/KOL/2015[2009-2010]Status: DisposedITAT Kolkata29 Nov 2017AY 2009-2010
Section 23

144) 3. Godra Electricity Co. Ltd. vs CIT (225 ITR 746) I further find that this particular issue has been adjudicated upon by various Courts including the jurisdictional Calcutta High Court in the case of CIT vs Satya Co. Ltd. (75 Taxman 193) and Full Bench of Delhi High Court in the case of CIT vs Moni Kumar Subba

DCIT, CIR-6(1), KOLKATA, KOLKATA vs. M/S INDIA CITY PROPERTIES LTD., KOLKATA

In the result, the revenue’s appeal for A

ITA 1185/KOL/2015[2011-2012]Status: DisposedITAT Kolkata29 Nov 2017AY 2011-2012
Section 23

144) 3. Godra Electricity Co. Ltd. vs CIT (225 ITR 746) I further find that this particular issue has been adjudicated upon by various Courts including the jurisdictional Calcutta High Court in the case of CIT vs Satya Co. Ltd. (75 Taxman 193) and Full Bench of Delhi High Court in the case of CIT vs Moni Kumar Subba

M/S INSTRUMENTARIUM CORPORATION LTD.,KOLKATA vs. DDIT (IT)-1(1), KOLKATA, KOLKATA

ITA 1549/KOL/2009[2004-05]Status: DisposedITAT Kolkata15 Jul 2016AY 2004-05

Bench: The Special Bench:

property. It follows that the Authority cannot pronounce any ruling on the applicability of sub-section (3) of section 92 of the Act. 14. In the light of the above discussion, the applicant has no option but to comply with the provisions of the Act including the legislation relating to transfer pricing, namely, sections

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

ITA 1514/KOL/2015[2010-2011]Status: DisposedITAT Kolkata18 Oct 2019AY 2010-2011

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

Section 80ISection 80i

3) the AO never questioned the assessee's such methodology for recognizing the revenue. On these facts therefore it cannot be said that the assessee did not maintain segregation in implementing the housing projects phase wise or that phase wise segregation was arbitrary only for claiming deduction u/s 80IB(10). 4.23 From the plain reading of the assessment order

MADHU JAYANTI INTERNATIONAL LIMITED,KOLKATA vs. DCIT, CIRCLE - 4(1), KOLKATA, KOLKATA

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

ITA 214/KOL/2016[2011-2012]Status: DisposedITAT Kolkata01 Dec 2017AY 2011-2012

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 214/Kol/2016 Assessment Year : 2011-12 Madhu Jayanti International Ltd. -Vs- Dcit, Cc-4(1), Kolkata [Pan: Aabcm 7502 R] (Appellant) (Respondent)

For Appellant: Shri Akash Mansinka, ARFor Respondent: Shri G. Mallikarjune, CIT DR
Section 139(5)Section 143(3)Section 144C(5)Section 92CSection 92D

house quality system called Quality Assurance System (QAS). This covers various aspects including certification of ISO guidelines, GMP (US FDA’s Good Manufacturing Practices guidelines) , HACCP (Hazard Analysis of Critical Control Points, a food safety monitoring system of the food industry). The assessee’s product range spans across various types of tea products (including black tea, green

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

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

ITA 614/KOL/2024[2014-15]Status: DisposedITAT Kolkata02 Jul 2024AY 2014-15

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

For Appellant: Shri S. K. Tulsiyan, AdvocateFor Respondent: Shri Chandan Das, Addl. CIT, Sr. DR
Section 143(3)Section 2(47)Section 250Section 55ASection 80

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

M/S BENGAL SHRISTI INFRASTRUCTURE DEVELOPMENT LIMITED,DURGAPUR vs. ACIT, CIRCLE-2, DURGAPUR, DURGAPUR

In the result, appeal of the assessee is allowed in part

ITA 1990/KOL/2016[2010-11]Status: DisposedITAT Kolkata05 Dec 2018AY 2010-11
Section 143(3)Section 250Section 40Section 80

section 80IB(10)(d), the action of the A.O. for disallowing deduction of 80IB is upheld and the ground of appeal is dismissed.” 3. Aggrieved the assessee is before us. Only two grounds of appeal have been raised. The first is against the denial of the claim of deduction u/s 80-IB(10) of the Act and the second

SHELTER PROJECTS LTD.,KOLKATA vs. CIT, (A)-XII, KOLKATA, KOLKATA

In the result, the appeal of assessee is partly allowed

ITA 737/KOL/2014[2009-2010]Status: DisposedITAT Kolkata17 Oct 2018AY 2009-2010
Section 47

3. The possession delivered. if at all. was as a licensee for the development of the property and not in the capacity of a transferee. 4 M/s. Shelter Projects Limited 4 Further Section 53A of 1882 Act. by incorporation. stood embodied in section 2(47)(v) of the Act and all the essential ingredients of Section

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

ITA 473/KOL/2018[2007-08]Status: DisposedITAT Kolkata13 Sept 2024AY 2007-08

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Section 143(3)Section 144C(3)Section 62Section 801ASection 80I

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

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

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

ITA 180/KOL/2025[2015-16]Status: DisposedITAT Kolkata13 Jan 2026AY 2015-16

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 144Section 144BSection 147Section 148ASection 149(1)Section 250Section 251(1)(a)Section 68

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

ITA 179/KOL/2025[2011-12]Status: DisposedITAT Kolkata13 Jan 2026AY 2011-12

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 144Section 144BSection 147Section 148ASection 149(1)Section 250Section 251(1)(a)Section 68

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

SMT REENA MAJUMDAR,MIDNAPORE vs. CIT (A)-XXXIII, KOLKATA, KOLKATA

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

ITA 746/KOL/2014[2006-2007]Status: DisposedITAT Kolkata02 Mar 2016AY 2006-2007

Bench: Shri P.M. Jagtap

Section 143(2)Section 144Section 68

144, the loan amount of Rs.2,28,000/- claimed to be received by the assessee in cash from twelve creditors in a sum of Rs.19,000/- each was added by the Assessing Officer treating the same as unexplained cash credits under section 68 as a result of the failure of the assessee to establish the creditworthiness of the concerned loan

WEST BENGAL ELECTRONIC INDUSTRIES DEVELOPMENT CORPORATION LIMITED,KOLKATA vs. A.C.I.T CIR - 1,KOLKATA, KOLKATA

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

ITA 1981/KOL/2013[2008-09]Status: DisposedITAT Kolkata24 Aug 2018AY 2008-09

Bench: Hon’Ble Shri M.Balaganesh, Am & Hon’Ble Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 1945/Kol/2013 Assessment Year : 2008-09 Dcit, Circle-1, Kolkata -Vs- M/S West Bengal Electronics Industry Development Corp. Ltd. [Pan: Aaacw 2411 Q] (Appellant) (Respondent)

For Appellant: Shri J.P. Khaitan, Sr. CounselFor Respondent: Shri Md. Usman, CIT DR
Section 139(5)Section 143(3)

house property’. 7.2. The assessee stated before the ld CITA that the watch and ward expenditure incurred by the assessee does not require to be apportioned towards earning of rental income in as much as both the assessee as well as the tenant had appointed separate personnel to provide security of their respective areas. It was submitted that the gardening

WEST BENGAL ELECTRONIC INDUSTRIES DEVELOPMENT CORPORATION LIMITED,KOLKATA vs. D.C.I.T CIR - 1,KOLKATA, KOLKATA

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

ITA 1982/KOL/2013[2009-10]Status: DisposedITAT Kolkata24 Aug 2018AY 2009-10

Bench: Hon’Ble Shri M.Balaganesh, Am & Hon’Ble Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 1945/Kol/2013 Assessment Year : 2008-09 Dcit, Circle-1, Kolkata -Vs- M/S West Bengal Electronics Industry Development Corp. Ltd. [Pan: Aaacw 2411 Q] (Appellant) (Respondent)

For Appellant: Shri J.P. Khaitan, Sr. CounselFor Respondent: Shri Md. Usman, CIT DR
Section 139(5)Section 143(3)

house property’. 7.2. The assessee stated before the ld CITA that the watch and ward expenditure incurred by the assessee does not require to be apportioned towards earning of rental income in as much as both the assessee as well as the tenant had appointed separate personnel to provide security of their respective areas. It was submitted that the gardening

D.C.I.T CIR - 1,KOLKATA, KOLKATA vs. M/S WEST BENGAL ELECTRONICS INDUSTRY DEVELOPMENT CORPORATION LTD, KOLKATA

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

ITA 1945/KOL/2013[2008-09]Status: DisposedITAT Kolkata24 Aug 2018AY 2008-09

Bench: Hon’Ble Shri M.Balaganesh, Am & Hon’Ble Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 1945/Kol/2013 Assessment Year : 2008-09 Dcit, Circle-1, Kolkata -Vs- M/S West Bengal Electronics Industry Development Corp. Ltd. [Pan: Aaacw 2411 Q] (Appellant) (Respondent)

For Appellant: Shri J.P. Khaitan, Sr. CounselFor Respondent: Shri Md. Usman, CIT DR
Section 139(5)Section 143(3)

house property’. 7.2. The assessee stated before the ld CITA that the watch and ward expenditure incurred by the assessee does not require to be apportioned towards earning of rental income in as much as both the assessee as well as the tenant had appointed separate personnel to provide security of their respective areas. It was submitted that the gardening