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35 results for “house property”+ Section 164(2)clear

Sorted by relevance

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Key Topics

Section 143(3)44Section 14A21Section 80I15Long Term Capital Gains13Deduction12Capital Gains12Addition to Income12Section 10(38)10Disallowance

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

164 Taxmann 342) has held that when the business of the assessee is to construct the property and sell it or to construct or let out then the properties ITA No.1298/Kol/2016 A.Y. 2012-13 DCIT Cir-12(1), Kol. Vs. M/s Bengal Ambuja Housing Development Ltd. Page 5 are in the nature of ‘stock-in-trade’ and any income derived

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

Showing 1–20 of 35 · Page 1 of 2

10
Section 2509
Section 194H8
Depreciation8
ITA 1514/KOL/2015[2010-2011]Status: Disposed
ITAT Kolkata
18 Oct 2019
AY 2010-2011

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

Section 80ISection 80i

section 80-IB(10)(a) of the Act is "shall", but it would not necessarily mean that in every case, it shall be taken to be mandatory requirement instead would depend upon the intent of the Legislature and not the language in which the provision is clothed. The meaning and the intent of the Legislature would be gathered

I.T.O(E)-II, KOLKATA, KOLKATA vs. FUTURE EDUCATION RESCARCH TRUST., KOLKATA

In the result, assessee’s CO is dismissed as infructuous

ITA 1031/KOL/2013[2009-10]Status: DisposedITAT Kolkata08 Feb 2017AY 2009-10

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi & C.O.No.69/Kol/2013 (A/O Ita No.1031/Kol/2013) Assessment Year:2009-10

Section 10Section 11Section 12ASection 13(1)(c)Section 143(3)

property held under trust for charitable purposes, which is of the nature referred to in s. 11(4A), tax shall be charged on so much of the relevant income as is not exempt under s. 11. Sec. 164(2) was reintroduced by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1st April, 1989. Earlier it was omitted by the Direct

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

SAFAL PROPERTIES PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 11(2), KOLKATA, KOLKATA

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

ITA 1334/KOL/2024[2016-2017]Status: DisposedITAT Kolkata23 Sept 2024AY 2016-2017

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2016-17

For Appellant: Saurabh Bagaria, ARFor Respondent: P.P Barman, Addl. CIT, Sr. DR
Section 115JSection 143(3)Section 14ASection 250Section 263Section 40Section 57

164 taxmann.com 376 (Calcutta) was also filed in which reliance has been placed upon the order of the Hon’ble Delhi High Court in the case of PCIT (Central) Vs. Era Infrastructure (India) Ltd. (supra) and it has been held that the Tribunal took note of the decision of the High Court of Delhi in Pr. CIT (Central

DCIT, CIR.-4(1), KOLKATA vs. M/S RAV DRAVYA PVT LTD , KOLKATA

In the result, appeal of the revenues is treated as partly allowed

ITA 103/KOL/2021[2012-13]Status: DisposedITAT Kolkata09 Nov 2022AY 2012-13

Bench: Shri Sanjay Garg, Hon’Ble & Shri Manish Borad, Hon’Blei.T.A. No. 103/Kol/2021 Assessment Year: 2012-13 Deputy Commissioner Of Income M/S. Rav Dravya Private Limited Tax, Circle-4(1), Kolkata Hastings Chambers, 2Nd Floor Vs 7/C, Kiran Shankar Roy Road Kolkata - 700001 Pan : Aabcr3154Q अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ravi Tulsiyan, Fca Revenue By : Md. Ghayasuddin, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 06/09/2022 घोषणा क" तारीख/Date Of Pronouncement : 09/11/2022 आदेश/O R D E R Per Shri Sanjay Garg: The Present Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - Kolkata (Hereinafter The “Ld. Cit(A)”) Dt. 13/03/2020, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2012-13. 2. This Revenue’S Appeal Is Time Barred By 198 Days & The Petition Seeking Condonation Of Delay Has Been Filed Stating That The Delay In Filing Of This Appeal Was Attributable To The Restrictions Imposed Due To Covid-19 Pandemic. We Have Heard Both The Sides & Find That There Is Reasonable Cause For Delay In Filing Of The Appeal On Time. Hence We Condone The Delay & Admit The Appeal For Hearing.

For Appellant: Shri Ravi Tulsiyan, FCAFor Respondent: Md. Ghayasuddin, CIT D/R
Section 14ASection 250

house property", "Capital gains" and "Income from other sources"], or a company 8[the principal business of which is the business of trading in shares or banking] or the granting of loans and advances) consists in the purchase and sale of shares of other companies, such company shall, for the purposes of this section7, be deemed to be carrying

A.C.I.T., CIRCLE-12(2), KOLKATA, KOLKATA vs. M/S STABLE TRADING COMPANY LIMITED, KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 2122/KOL/2016[2010-11]Status: DisposedITAT Kolkata15 Feb 2018AY 2010-11

Bench: Itat House Property Rs.4,53,600/- Loss From Business Rs.(-) 20,58,153 Add: 14A Disallowance Rs.36,41`,968/- Rs.15,83,815/- Short Term Capital Gain 9,37,49,029/- Total Income Rs.9,57,86,444/- Tax On Above On Rs. 20,37,415/- @33.99% Rs.6,92,517/- On Rs.9,37,49,029/- Rs.1,59,32,647/- Total Tax Rs.1,66,25,164/- Income As Computed After Cit(A) Effect Of Section 14A. House Property Rs.4,53,600/- Loss From Business (-)Rs.20,58,153/- Short Term Capital Gain Rs.9,37,49,029/- Total Income 9,21,44,476/- 1

For Appellant: Shri Arindam Bhattacharjee, Addl.CIT, ld.Sr.DRFor Respondent: Shri Sunil Surana, CA, ld.AR
Section 14A

2. At the outset, the ld.AR of the assessee has filed a statement regarding details of computation of income and submitted tax effect is below the monetary limit as prescribed and the relevant details are hereunder:- Income computation of AO after giving relief of income from house property which has not been disputed by the department before ITAT House property

DCIT, CIRCLE-1, KOLKATA, KOLKATA vs. M/S MCNALLY BHARATI ENGINEERING CO.LTD., KOLKATA

In the result the appeal by the assessee is partly allowed

ITA 532/KOL/2012[2007-2008]Status: DisposedITAT Kolkata01 Mar 2017AY 2007-2008

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] I.T.A No.100/Kol/2011 Assessment Year : 2006-07

For Appellant: Shri Soumen Adak, FCAFor Respondent: Shri Vijayendra Kumar, JCIT
Section 115JSection 43B

property was handed over to the assessee on which the mills were run. The seller went into liquidation and subsequently the amounts were written off as bad debts by the assessee on account of incapacity of the seller to pay the same. The court held that by making a deposit of Rs.20,00,000/- the assessee had acquired licence

SHREE HANUMAN WELFARE TRUST,KOLKATA vs. DCIT,CIRCLE-2, EXEMPTION,KOLKATA. , KOLKATA

In the result, in light of discussions made above, this appeal is dismissed

ITA 1326/KOL/2023[2014-15]Status: DisposedITAT Kolkata16 Oct 2024AY 2014-15

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Section 11(5)Section 13(2)(a)Section 164Section 271(1)(c)

164 of the Act r.w.s 13(2)(a) and 13(1)(c) of the Act. Penalty proceeding is also initiated u/s 271(1)(c) of the IT Act for concealment of income and providing inaccurate particulars of income.” 2.1. In light of this action, the appellant approached the Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred

STAR PAPER MILLS LIMITED,KOLKATA vs. DCIT, CIR. 4(2), KOLKATA

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

ITA 127/KOL/2021[2016-17]Status: DisposedITAT Kolkata26 Oct 2021AY 2016-17

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

Section 143(3)Section 144CSection 80ISection 92B

property, good or service has been acquired under a comparable uncontrolled transaction under similar market conditions. The application of CUP Method requires strict product comparability which has been transacted under similar conditions. This method can be applied where AEs buy or sell similar goods or services in comparable transactions with unrelated enterprises or when unrelated enterprises buy or sell similar

ACIT, CIRCLE - 2(1), , KOLKATA vs. TCG URBAN INFRASTRUCTURE HOLDINGS PVT LTD.,, KOLKATA

Accordingly, the same is dismissed

ITA 2584/KOL/2019[2004-05]Status: DisposedITAT Kolkata26 Oct 2021AY 2004-05

Bench: Shri Sanjay Garg & Dr. M.L.Meenaआयकर अपील सं.य/

Section 36Section 36(1)(iii)

164 of the Paper Book. It was submitted that moreover in addition to rent received, the t company also received hire charges of Rs.36,07,422/­ from the Tenants for providing additional services of hiring Furniture, Equipments and other services which were not the obligation of the Appellant Company as owner of the property. It was pointed out that

D.C.I.T CIR - 8,KOLKATA, KOLKATA vs. M/S CELICA DEVELOPERS PVT LTD, KOLKATA

In the result, both the appeals of assessee and revenue are dismissed

ITA 1208/KOL/2013[2009-10]Status: DisposedITAT Kolkata29 Oct 2015AY 2009-10

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

For Appellant: Shri Ravi Tulsiyan, FCAFor Respondent: Shri P. B. Pramanick, JCIT, Sr. DR
Section 143(3)Section 14A

164/- Total value of investment Rs.222,90,36,274/- Less: Income bearing investment Rs. 4,24,02,002/- Rs.218,66,34,272/- Average value of investment Rs.109,33,17,136/- 0.5% thereon comes to Rs.54,66,586/-.” Aggrieved, assessee preferred appeal before CIT(A), who following the order of earlier assessment year deleted the disallowance vide para 4 as under

M/S CELICA DEVELOPERS PVT LTD,KOLKATA vs. D.C.I.T CC - VI,KOLKATA, KOLKATA

In the result, both the appeals of assessee and revenue are dismissed

ITA 583/KOL/2013[2009-10]Status: DisposedITAT Kolkata29 Oct 2015AY 2009-10

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

For Appellant: Shri Ravi Tulsiyan, FCAFor Respondent: Shri P. B. Pramanick, JCIT, Sr. DR
Section 143(3)Section 14A

164/- Total value of investment Rs.222,90,36,274/- Less: Income bearing investment Rs. 4,24,02,002/- Rs.218,66,34,272/- Average value of investment Rs.109,33,17,136/- 0.5% thereon comes to Rs.54,66,586/-.” Aggrieved, assessee preferred appeal before CIT(A), who following the order of earlier assessment year deleted the disallowance vide para 4 as under

MANISH KUMAR BAID,KOLKATA vs. ACIT CIRCLE 35, KOLKATA, KOLKATA

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

ITA 1236/KOL/2017[2014-15]Status: DisposedITAT Kolkata18 Aug 2017AY 2014-15

Bench: Hon’Ble Shri A.T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1236/Kol/2017 Assessment Year : 2014-15 Manish Kumar Baid -Vs- Acit, Cir-35, Kolkata [Pan: Ahmpb 3024 E] (Appellant) (Respondent) I.T.A No. 1237/Kol/2017 Assessment Year : 2014-15 Mahendra Kumar Baid -Vs- Acit, Cir-35, Kolkata [Pan: Aejpb 7691 C] (Appellant) (Respondent)

For Appellant: Shri A.K. Tibrewal, FCAFor Respondent: Shri Sallong Yaden, Addl. CIT
Section 10(38)Section 143(3)Section 14ASection 234ASection 68Section 69C

164 ITD 1 (Mumbai- Trib.)(SB) The Tribunal observed as under: 46. ......... Ultimately the entire case of Revenue hinges upon the presumption that assessee is bound to have some large share in so called secret money in the form of premium and its circulation. However, this presumption or suspicion how strong it may appear to be true but needs

MAHENDRA KUMAR BAID,KOLKATA vs. ACIT CIRCLE 35, KOLKATA, KOLKATA

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

ITA 1237/KOL/2017[2014-15]Status: DisposedITAT Kolkata18 Aug 2017AY 2014-15

Bench: Hon’Ble Shri A.T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1236/Kol/2017 Assessment Year : 2014-15 Manish Kumar Baid -Vs- Acit, Cir-35, Kolkata [Pan: Ahmpb 3024 E] (Appellant) (Respondent) I.T.A No. 1237/Kol/2017 Assessment Year : 2014-15 Mahendra Kumar Baid -Vs- Acit, Cir-35, Kolkata [Pan: Aejpb 7691 C] (Appellant) (Respondent)

For Appellant: Shri A.K. Tibrewal, FCAFor Respondent: Shri Sallong Yaden, Addl. CIT
Section 10(38)Section 143(3)Section 14ASection 234ASection 68Section 69C

164 ITD 1 (Mumbai- Trib.)(SB) The Tribunal observed as under: 46. ......... Ultimately the entire case of Revenue hinges upon the presumption that assessee is bound to have some large share in so called secret money in the form of premium and its circulation. However, this presumption or suspicion how strong it may appear to be true but needs

M/S PHILLIPS INDIA LIMITED,KOLKATA vs. ACIT, CIR-12(2), KOLKATA, KOLKATA

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

ITA 612/KOL/2017[2012-13]Status: DisposedITAT Kolkata07 Feb 2018AY 2012-13

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Hon’Ble Shri M.Balaganesh, Am ] I.T.A No. 612/Kol/2017 Assessment Year : 2012-13 M/S Philips India Ltd. -Vs- Acit, Circle-12(2), Kolkata (Formerly Philips Electronics India Ltd.) [Pan: Aabcp 9487 A] (Appellant) (Respondent)

For Appellant: Shri Arvind Sonde, AdvocateFor Respondent: Shri G. Mallikarjuna, CIT DR
Section 143(3)Section 92CSection 92D(1)

house itself. Evaluating the needs and benefits of Intra-group services It involves identifying the incremental economic or commercial value that has arisen to the services recipient. A direct nexus between the services received and the corresponding value created should be established. An intra-group service should be analysed to see how it helps the service recipient make gains through

N C SHAW AND CO BEVERAGES PRIVATE LIMITED,KOLKATA vs. ADDL. COMMISSIONER OF INCOME TAX (TDS), RANGE-2, KOLKATA, KOLKATA

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

ITA 1947/KOL/2024[2015-16]Status: DisposedITAT Kolkata27 Dec 2024AY 2015-16

Bench: Sri Pradip Kumar Choubey & Sri Rakesh Mishra

Section 194HSection 201Section 201(1)Section 250Section 271CSection 28

2: The opposite claim of volume discount/incentives was raised by the distributors based upon the volume of liquor sold to the retailers. Step 3: The discount/incentives given to distributors was settled in running account of such distributors based upon the credit notes issued by the Appellant. 4. The details of sales made during the year and subsequent incentive offered

N C SHAW AND CO BEVERAGES PRIVATE LIMITED ,KOLKATA vs. INCOME TAX OFFICER, TDS CIRCLE 2(2), KOLKATA, KOLKATA

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

ITA 1925/KOL/2024[2015-16]Status: DisposedITAT Kolkata27 Dec 2024AY 2015-16

Bench: Sri Pradip Kumar Choubey & Sri Rakesh Mishra

Section 194HSection 201Section 201(1)Section 250Section 271CSection 28

2: The opposite claim of volume discount/incentives was raised by the distributors based upon the volume of liquor sold to the retailers. Step 3: The discount/incentives given to distributors was settled in running account of such distributors based upon the credit notes issued by the Appellant. 4. The details of sales made during the year and subsequent incentive offered

RAGUVALIKA TRADING PVT LTD ( SINCE MERGED WITH M.M.MURARKA SHARE & SECURITIES PVT LTD),KOLKATA vs. D.C.I.T CIR - 4,KOLKATA, KOLKATA

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

ITA 848/KOL/2013[2005-06]Status: DisposedITAT Kolkata14 Feb 2018AY 2005-06

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A Nos. 848 To 850/Kol/2013 Assessment Years : 2005-06 To 2007-08 Ruguvalika Trading Pvt. Ltd. -Vs- Dcit, Circle-4, Kolkata (Since Merged With M.M. Murarka Share & Securities Pvt. Ltd. [Pan: Aabcr 5743 B] (Appellant) (Respondent)

For Appellant: Shri J.P.Khaitan, Sr. CounselFor Respondent: Shri P.K.Srihari, CIT
Section 143(3)

164 95 177 58 Weighted average holding Period (No. of days) 83 82 131 50 LTCG NIL NIL 518754 4401695 No. of Scrips traded NIL NIL 4 4 3 Ruguvalika Trading Pvt. Ltd (Since merged with M.M. Murarka Share & Securities Pvt. Ltd. A.Yr. 2005-06 to 2008-09 Dividend received 2107894 1263710 1373472 1747070 2.3. The details of income from

RAGUVALIKA TRADING PVT LTD ( SINCE MERGED WITH M.M.MURARKA SHARE & SECURITIES PVT LTD),KOLKATA vs. D.C.I.T CIR - 4,KOLKATA, KOLKATA

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

ITA 850/KOL/2013[2007-08]Status: DisposedITAT Kolkata14 Feb 2018AY 2007-08

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A Nos. 848 To 850/Kol/2013 Assessment Years : 2005-06 To 2007-08 Ruguvalika Trading Pvt. Ltd. -Vs- Dcit, Circle-4, Kolkata (Since Merged With M.M. Murarka Share & Securities Pvt. Ltd. [Pan: Aabcr 5743 B] (Appellant) (Respondent)

For Appellant: Shri J.P.Khaitan, Sr. CounselFor Respondent: Shri P.K.Srihari, CIT
Section 143(3)

164 95 177 58 Weighted average holding Period (No. of days) 83 82 131 50 LTCG NIL NIL 518754 4401695 No. of Scrips traded NIL NIL 4 4 3 Ruguvalika Trading Pvt. Ltd (Since merged with M.M. Murarka Share & Securities Pvt. Ltd. A.Yr. 2005-06 to 2008-09 Dividend received 2107894 1263710 1373472 1747070 2.3. The details of income from