BOMBAY PLAZA PVT. LTD.,KOLKATA vs. ACIT, CIR-5, KOLKATA, KOLKATA

In the result the appeals of the assessee are allowed

Bench: Hon’Ble Shri P.M.Jagtap, Am & Sri N.V.Vasudevan, Jm ]

section 27(iiib) of the Act does not arise at all. 6. Without prejudice to our above claim that the assessee is not assessable to 'Income from house property' as it is neither an owner nor a deemed owner, the Assessee further submitted that the Assessee was formed with the main objectives of carrying on the business of an investment

A.C.I.T CIR - 30,KOLKATA, KOLKATA vs. M/S TAPASYA ENTERPRISES, KOLKATA

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

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

house property income. Ld. CIT(A) after considering the submission of assessee deleted the addition made by the AO by observing as under:- “… … it is seen that the real estate business is one of the dominant activities mentioned in the deed of partnership. It is also seen that the appellant has used its Vasant Vihar property of New Delhi

A.C.I.T CIR - 30,KOLKATA, KOLKATA vs. M/S TAPASYA ENTERPRISES, KOLKATA

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

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

house property income. Ld. CIT(A) after considering the submission of assessee deleted the addition made by the AO by observing as under:- “… … it is seen that the real estate business is one of the dominant activities mentioned in the deed of partnership. It is also seen that the appellant has used its Vasant Vihar property of New Delhi

A.C.I.T CIR - 30,KOLKATA, KOLKATA vs. M/S TAPASYA ENTERPRISES, KOLKATA

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

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

house property income. Ld. CIT(A) after considering the submission of assessee deleted the addition made by the AO by observing as under:- “… … it is seen that the real estate business is one of the dominant activities mentioned in the deed of partnership. It is also seen that the appellant has used its Vasant Vihar property of New Delhi

A.C.I.T CIR - 30,KOLKATA, KOLKATA vs. M/S TAPASYA ENTERPRISES, KOLKATA

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

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

house property income. Ld. CIT(A) after considering the submission of assessee deleted the addition made by the AO by observing as under:- “… … it is seen that the real estate business is one of the dominant activities mentioned in the deed of partnership. It is also seen that the appellant has used its Vasant Vihar property of New Delhi

MAITHAN CERAMIC LTD.,,KOLKATA vs. ACIT, CIRCLE 7(1),, KOLKATA

In the result, appeal of the assessee is dismissed

Properties Pvt Ltd\n10,675,616\n21.06.2011\n675,616\nChq\nYes\n10,675,616\n1.R.N.Mkukherjee, 5th Floor\n31.03.2012\n900,000\nChq\n1,000,000\n100,000\nKolkata-700 001\nPA No. AACCA 2514J\nHarvard Trading Pvt Ltd\n4,279,123\n21.06.2011\n279,123\nChq\nNo\n4,279,123\n1,R.N.Mkukherjee, 5th Floor\n31.03.2012\n360,000\nChq\n400

SHRI JYOTI MOHAN MALL,KOLKATA vs. CIT, KOL - XV, KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

Bench: Shri Waseem Ahmed & Shri K.Narsimha Charyassessment Year:2003-04

house property, capital gain and other sources for the year under consideration. A search & seizure operation was conducted on 30-06-2003 ITA No.819/Kol/2010 A.Y. 2003-04 Sh. Jyoti Mohan Mall vs. CIT, XV, Kol. Page 2 and on subsequent date on the MALL GROUP of cases. The assessee is a member of the group. During the period of search

ITO, WARD - 10(2), KOLKATA , KOLKATA vs. PRATAP PROPERTIES LIMITED , KOLKATA

In the result, the appeal of the Revenue is dismissed

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

section 142(1) issued by him. However, as directed by your honour, to verify the claim of advance, letter u/ s. 133(6) of the Act was issued to M/ s. Trishakti Infradev Pvt. Ltd. and reply from the said' party has been received. The party furnished the relevant details/information. A copy of the reply along with details/documents furnished

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

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

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri A.T. Varkey

151 was not obtained. He accordingly annulled the assessment made by the Assessing Officer under section 147/143(3) vide his appellate order dated 15.09.2015. Aggrieved by the order of the ld. CIT(Appeals), the Revenue has preferred this appeal before the Tribunal. 5. The ld. D.R. relied on the reasons recorded by the Assessing Officer in support of the revenue

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

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

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri A.T. Varkey

151 was not obtained. He accordingly annulled the assessment made by the Assessing Officer under section 147/143(3) vide his appellate order dated 15.09.2015. Aggrieved by the order of the ld. CIT(Appeals), the Revenue has preferred this appeal before the Tribunal. 5. The ld. D.R. relied on the reasons recorded by the Assessing Officer in support of the revenue

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)

151 and section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st day of May, 2003, the Assessing Officer shall— (a) issue notice to such person requiring him to furnish within such period, as may be specified

SMT. NITA SETHIA ,KOLKATA vs. DCIT, CENTRAL CIRCLE - 3(3), , KOLKATA

Appeal is allowed

Bench: Shri S.S.Godara & Shri, M. Balaganeshassessment Year :2012-13 Smt. Nita Sethia V/S. Dcit, Central Circle- 5, Janki Shah Road, 1St 3(3), 110, Shanti Pally, Floor, Hastings, Aayakar Bhavan, Kolkata-700022 Poorva, E.M. Bye Pass, [Pan No.Ajwps 8335 H] Nr. Ruby Hospital, Kolkata-107 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri S.M. Surana, Advocate अपीलाथ" क" ओर से/By Appellant Shri P.K. Srihari, Cit-Dr ""यथ" क" ओर से/By Respondent 12-11-2018 सुनवाई क" तार"ख/Date Of Hearing 30-11-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For The Assessment Year 2012-13 Arises Against Commissioner Of Income Tax (Appeals)-21, Kolkata’S Order Dated 31.08.2018 Passed In Case No.930/Acit,Cc-3(3)/Cit(A)-21/Kol/2015-16, Involving Proceedings U/S 153A R.W.S.143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. The Assessee Raises Two Substantive Grounds In Her Instant Appeal. Her Former Legal Grievance Challenges Validity Of Sec. 153A Proceedings In Absence Of Any Incriminating Material Found Or Seized During The Course Of Search. This Follows Her Latter Substantive Ground On Merits That The Assessing Officer & The Cit(A) Have Erred In Law As Well As On Facts In Treating Long

151 and section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st day of May, 2003, the Assessing Officer shall— (a) issue notice to such person requiring him to furnish within such period, as may be specified

SRI SANJIV DUA,KOLKATA vs. ACIT, CIRCLE-36, KOLKATA, KOLKATA

In the result, the appeal of the assessee is dismissed

house(s) will be determined as per section 23 of the I.T. Act, 1961. The section 23 of I.T. Act provides that the annual value of property is deemed to be expected reasonable rent or rent received / receivable. The assessee has taken Flat L – 32, Mumbai as self occupied property. The assessee has submitted a written submission

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/

property u/s 24 of the Act, and accordingly he disallowed the same. The Ld. A.O made further from heads of 'Preparation of Site plan' of Rs.10,000/­, 'Registration of Lease Deed' of Rs.30,500/­, 'Interest on TDS' of Rs.45,319/­, 'TDS written off' of Rs. 73,143/­, 'Travelling & Conveyance' of Rs.13,33,954/­ and 'Personal expenses' of Rs.56

ITO, WARD - 36(1), KOLKATA, KOLKATA vs. SHRI RAKESH AGARWAL, KOLKATA

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

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2008/Kol/2017 ("नधा"रणवष" / Assessment Year: 2013-14)

151). It is not the duty of the Assessing Officer to locate the exact source of the cash credits (72 ITR 807 (SC). The burden to locate the source lies upon the assessee and he is required to explain the genuineness of the credit entry. However, in certain circumstances, this onus might shift on the Assessing Officer

M/S JALAN CEMENT WORKS LTD,KOLKATA vs. C.I.T KOLKATA - I, KOLKATA

In the result, assessee’s appeal stands allowed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year :2008-09 M/S. Jalan Cement Works V/S. Cit, Kolkata-1 Ltd 2Nd Floor, Room No Aayakar Bhawan, 202, 81, Netji Subhas Road, P-7, Chowringhee Kolkata-700 001 Square, Kolkata- [Pan No.: Aaacj6788R] 700 069 .. अपीलाथ" /Appellant ""यथ"/Respondent

House property, capital gains and income from other sources. In the instant case the income of the assessee is mainly from long term capital gain, therefore it is out of the purview of the Explanation to Section 73 of the Act. Income here means the net income. In this connection we rely in the order of Hon’ble High Court

M/S. NKA COMMERCIAL PVT. LTD. (SUCCESSOR OF M/S. NK ENTERPRISES (P) LTD,SINCE AMALGAMATED),KOLKATA vs. ITO,WD-3(1), KOLKATA. , KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumari.T.A. No. 1106/Kol/2023 Assessment Year: 2015-2016 M/S. Nka Commercialprivate Limited,.........Appellant (Successor Of M/S. Nk Enterprises (P) Ltd. Since Amalgamated) Unit 1304, Plot No. Ai-4, Ergo Building, Ep/Gp Block, Sector-V, Salt Lake, Kolkata-700091 [Pan: Aaccn3159Q] -Vs.- Income Tax Officer,.................................Respondent Ward-3(1), Kolkata, Aayakar Bhawan, 4Th Floor, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Ankit Jalan, A.R., Appeared On Behalf Of The Assessee Shri Amitava Sen, Addl. Cit, D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : December 18, 2023 Date Of Pronouncing The Order: December 26, 2023 O R D E R

151 taxmann.com 64 (Calcutta), wherein a similar issue has been decided in favour of the assessee. The Hon’ble Court in the said decision has held as under:- “ From the Joint Development Agreement, it is crystal clear that the assessee continued to be the owner of the property throughout the development of the property and there is no transfer

BHAGWATI DEVELOPERS, BISHNUPUR vs. I.T.O.WARD-26(1), KOLKATA

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

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 2166/Kol/2024 Assessment Year: 2012-2013 Bhagwati Developers,………………………..…Appellant Chandandaha Bibirhat, P.O. Charashyamdas P.S. Bishnupur, South 24-Parganas-700162 [Pan:Aakfb2520N] -Vs.- Income Tax Officer,……………………………..Respondent Ward-26(1), Kolkata, Aayakar Bhawan, Dakshin, 2, Gariahat Road, Kolkata-700031 Appearances By: Shri Amit Agarwal, Advocate, Appeared On Behalf Of The Assessee Shri Susanta Saha, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: May 21, 2025 Date Of Pronouncing The Order: July 29, 2025 O R D E R

properties for carrying on the business of undertaking, developing and building housing projects. The assessee failed to provide the explanation of huge cash withdrawal of Rs.10.81 lakhs during the financial year 2011-12 as well as nature and source of such deposit. After query from the ld. Assessing Officer, the assessee clarified that the firm has received Rs.20