SAROJ GOENKA,KOLKATA vs. I.T.O., WARD - 30(1), KOLKATA

In the result, the appeal of the assessee is allowed

25% owner of the property, still, he cannot be held to be absolute\nowner of the second property. We observe that ITAT, Surat Bench in the case of Mukesh\nArvindlal Vakharia (supra) has held as under:-\n"17. We have given our thoughtful consideration to rival contention. We have perused\ncase file as well as paper books furnished by assessee

ZAFAR IQBAL,SILIGURI vs. DCIT, CIRCLE - 1, SILIGURI, SILIGURI

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

house was being shown in the balance sheet of previous\nyear and he was not having two residential properties, but only some\naddition was done to the existing property. The Ld. AO has not\nmentioned the details of the property and the contention of the\nassessee is verified from the details filed before us. This fact could\nnot be rebutted

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

In the result, the revenue’s appeal for A

house property on account of notional interest on security deposits received from tenants was not sustainable and the Ld. CIT(A) is fully justified in deleting the same. We accordingly uphold the impugned order of the Ld. CIT(A) on this issue and dismiss ground no 4 of the revenues appeal. 25. As regards the issue involved in ground

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

In the result, the revenue’s appeal for A

house property on account of notional interest on security deposits received from tenants was not sustainable and the Ld. CIT(A) is fully justified in deleting the same. We accordingly uphold the impugned order of the Ld. CIT(A) on this issue and dismiss ground no 4 of the revenues appeal. 25. As regards the issue involved in ground

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

In the result, the revenue’s appeal for A

house property on account of notional interest on security deposits received from tenants was not sustainable and the Ld. CIT(A) is fully justified in deleting the same. We accordingly uphold the impugned order of the Ld. CIT(A) on this issue and dismiss ground no 4 of the revenues appeal. 25. As regards the issue involved in ground

E M C PROJECTS PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 7(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 1063/Kol/2024 Assessment Year: 2014-2015 Emc Projects Pvt. Limited,………………..………Appellant 2, Robinson Street, Shakespeare Sarani, Kolkata-700017 [Pan:Aaace7218F] -Vs.- Deputy Commissioner Of Income Tax,………Respondent Circle-7(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri S.K. Tulsiyan, Advocate, Appeared On Behalf Of The Assessee Shri Jitendra Kantilal Surti, Jcit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : August 12, 2024 Date Of Pronouncing The Order : August 20, 2024 O R D E R

house property income ought to have been 2 EMC Projects Pvt. Limited assessed as a business income and he took action under section 263 of the Income Tax Act. After hearing the assessee, he passed an order under section 263 on 15.03.2019, copy of this order is available on pages no. 20 to 25

SMT TARAMONI JALAN,KOLKATA vs. ITO, WD-43(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap

house property” and thereby disallowing her claim for deduction under section 24. After considering the submissions made by the assessee as well as the material available on record, the ld. CIT(Appeals) did not find any infirmity in the order of the Assessing Officer on this issue and relying on the decision of the Hon’ble Calcutta High Court

ACIT, CIRCLE-32, KOLKATA, KOLKATA vs. MRS. ISHITA MOHATTA, KOLKATA

In the result the Cross Objection, No

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am Acit, Cir-32, Kolkata Vs. Mrs. Ishita Mohatta 10B, Middleton Row, 3Rd Floor, Kolkata – 24, Park Street, Magma House, 9Th Floor, Kolkata – 700 071. 700 016. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Ajfpk 3943 P (अपीलाथ" /Assessee) (""यथ" / Respondent) .. & Co No.45/Kol/2018 (Assessment Year: 2013-14) Vs. Acit, Cir-32, Kolkata Mrs. Ishita Mohatta 24, Park Street, Magma House, 9Th 10B, Middleton Row, 3Rd Floor, Floor, Kolkata – 700 016. Kolkata – 700 071. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Ajfpk 3943 P (अपीलाथ" /Assessee) (""यथ" / Respondent) ..

property”. Therefore, the assessee was owner of one residential house, which was at Lavasa and the other at Mumbai which was acquired on 19.11.2012 (hereinafter called the New Asset), hence beyond any doubt, the assessee has satisfied the conditions 8 & CO No.45/Kol/2018 Mrs. Ishita Mohatta Assessment Year: 2013-14 laid down in proviso (a)(i) to sub- section

BIP DEVELOPERS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-2(1), KOLKATA, KOLKATA

In the result, all the appeals of the assessee as well as Revenue are partly allowed as indicated above

Bench: Shri P.M. Jagtap & Shri Satbeer Singh Godara

section 24 of the Act and also allow the claim of the assessee for business expenses under various heads after verifying the same in the light of the decision of the Hon’ble Calcutta High Court in the case of Ganga Properties Limited (supra). Grounds No. 2, 3 & 4 of the assessee’s appeal for A.Y. 2008-09 are thus

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

house and pavilions and income earned from such properties owned by a club was liable to be taxed. (iv) Group D cases were with regard to the question as to whether, an association consisting offilm distributors and exhibitors incorporated as a company under Section 25

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

house and pavilions and income earned from such properties owned by a club was liable to be taxed. (iv) Group D cases were with regard to the question as to whether, an association consisting offilm distributors and exhibitors incorporated as a company under Section 25

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

house and pavilions and income earned from such properties owned by a club was liable to be taxed. (iv) Group D cases were with regard to the question as to whether, an association consisting offilm distributors and exhibitors incorporated as a company under Section 25

GAUTAM KUMAR MITRA,KOLKATA vs. DCIT, CIRCLE - 54, KOLKATA, KOLKATA

In the result, the appeal by the Assessee is allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] I.T.A No. 07/Kol/2012 Assessment Year : 2006-07

house property is to be made as per sections 23(b) & 23(c) which prescribe actual rent received or receivable' as the basis. The assessee’s explanation is therefore unacceptable. It can not therefore be denied that there has been concealment of particulars of income in respect of rent in the original return and penalty

I.T.O WD - 56(2),KOLKATA, KOLKATA vs. SALARPURIA SOFT ZONE, KOLKATA

In the result, the appeals of assessee are allowed and that of revenue are dismissed

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

property is situated and has obtained the completion certificate and has produced the same for availing the benefit. Whether that certificate would satisfy the requirement of law need not be gone into in these proceedings because, when the statute does not provide for issue of such a certificate, if the Revenue insists on such certificate, the assessee would be left

M/S SALARPURIA SOFT ZONE,KOLKATA vs. J.C.I.T RG - 56,KOLKATA, KOLKATA

In the result, the appeals of assessee are allowed and that of revenue are dismissed

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

property is situated and has obtained the completion certificate and has produced the same for availing the benefit. Whether that certificate would satisfy the requirement of law need not be gone into in these proceedings because, when the statute does not provide for issue of such a certificate, if the Revenue insists on such certificate, the assessee would be left

M/S SALARPURIA SOFT ZONE,KOLKATA vs. J.C.I.T RG - 56,KOLKATA, KOLKATA

In the result, the appeals of assessee are allowed and that of revenue are dismissed

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

property is situated and has obtained the completion certificate and has produced the same for availing the benefit. Whether that certificate would satisfy the requirement of law need not be gone into in these proceedings because, when the statute does not provide for issue of such a certificate, if the Revenue insists on such certificate, the assessee would be left

I.T.O WD - 56(2),KOLKATA, KOLKATA vs. SALARPURIA SOFT ZONE, KOLKATA

In the result, the appeals of assessee are allowed and that of revenue are dismissed

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

property is situated and has obtained the completion certificate and has produced the same for availing the benefit. Whether that certificate would satisfy the requirement of law need not be gone into in these proceedings because, when the statute does not provide for issue of such a certificate, if the Revenue insists on such certificate, the assessee would be left

SHRI JAGDISH RAI KARNANI,KOLKATA vs. ITO, WARD 35(2), KOLKATA, KOLKATA

In the result, appeal was answered in favour of assessee

Bench: Hon’Ble Sri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No.594/Kol/2017 Assessment Year : 2012-13 Sri Jagdish Rai Karnani -Vs.- I.T.O., Ward-35(2) Kolkata Kolkata [Pan : Afapk 1013 Q] (Respondent) (Appellant) For The Appellant : Shri B.C.Jain, Fca For The Respondent : None Date Of Hearing : 15.06.2017. Date Of Pronouncement : 07.07.2017 Order

25,000 ------------------ 10,82,850 ------------------ It was submitted that the payments were made to SV Construction for construction of house at new purchased property at Plot No. F99, Sector 44, in instalments in 4 phases as above. Final payment was made on 19.9.2011 after completion of all finishing works including electrical, painting and furnishing work. Thus it was pleaded that