BMW INDUSTRIES LIMITED,KOLKATA vs. DCIT, CENTRAL CIRCLE 4(1),, KOLKATA

In the result, all the three appeals of the assessee are allowed

House, 119, Park\nStreet, Kolkata-700016,\nWest Bengal\n(Appellant)\nVs.\nDCIT, Central Circle 4(1)\nAaykar Bhawan Poorva,\n110, Shantipally, Em Bypass,\nKolkata-700107, West Bengal\n(Respondent)\nPAN No. AABCB0986G\nAssessee by\n:\nShri SK Tulsiyan &\nShri Puja Somani, ARs\nRevenue by\n:\nShri Ms. Archana Gupta, DR\nDate of hearing:\n14.01.2026\nDate of pronouncement:\n20.01.2026\nORDER\nPer

UJJAL SINHA,KOLKATA vs. DCIT, CENTRAL CIRCLE 4(1),, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2011-12 Ujjal Sinha……..…………………..………………….……….……….……Appellant 57/3, Ballygunge Circular Road, Ballygunge S.O, Kolkata 19. [Pan: Aeips4499F] Vs. Dcit, Central Circle-4(1), Kolkata……………………….....……...…..…..Respondent Appearances By: Shri S. K. Tulsiyan, Advocate & Lata Goyal, Ca, Appeared On Behalf Of The Appellant. Shri Sanat Kr. Raha, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 28, 2025 Date Of Pronouncing The Order : November 13, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 05.08.2025 Of The Cit (Appeals)-27, Kolkata [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2011–12. 2. Brief Facts Of The Case Are That The Assessee Had Filed His Return Of Income U/S.139(1) Of The Act For The A.Y. 2011-12 On 11/02/2012 Declaring A Total Income Of Rs.19,12,432/-. In The Instant Case, A Search & Seizure Operation Was Conducted On 24.01.2012 In The Residential Premises Of The Assessee Wherein No Incriminating Material Was Found. Thereafter. The Assessment Was Completed U/S 153A/143(3) Of The Act On 31/03/2014 Assessing The Total Income At Rs.92,12,430/- Wherein The Following Two Additions To The Total Income Were Made:

271(1)(c) of the Act is required to be deleted. With regard to the deduction of Rs.1,50,000/- claimed in the return of income u/s 24(b) of the Act on account of payment of interest on housing loan, the ld. AR submits that deduction was available only in respect of loan taken for purchase of house property

AMITABHA SANYAL,KOLKATA vs. ITO, WARD-58(4), KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed and the penalty levied is hereby deleted

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishraassessment Years: 2011-12 Amitabha Sanyal, Income Tax Officer, 108B, Block-F, New Alipore, Ward – 58(4), Kolkata, Kolkata – 700053 Vs Aayakar Bhawan, (Pan: Aleps2352J) Bamboo Villa, 169, A.J.C. Bose Road, Kolkata - 700014 (Appellant) (Respondent)

house when the building went for re-development. Now the question before is whether the compensation upon re-development of property towards hardship, rehabilitation and shifting received by the assessee is taxable if the potential TDR/FSI is available to the land owner or society which owns the land depending upon the terms of the re-development agreement without transferring

ASHUTOSH DAS,DURGAPUR vs. A.C.I.T., CIRCLE - 1,, DURGAPUR

In the result, this appeal of the assessee is dismissed

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumari.T.A. Nos. 1942 & 1954/Kol/2024 Assessment Year: 2015-2016 Ashutosh Das,……………………………….….……Appellant C/O. Jain Vinod K & Associates, 41A, A.J.C. Bose Road, Suite No. 613, 6Th Floor, Kolkata-700017 [Pan:Adfpd9215N] -Vs.- Assistant Commissioner Of Income Tax,...Respondent Circle-1, Durgapur, Aayakar Bhawan, City Centre, Durgapur-734101 Appearances By: Shri Vinod Kr. Jain, Fca, Appeared On Behalf Of The Assessee Shri Pradip Kumar Biswas, Addl. Cit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: October 24, 2024 Date Of Pronouncing The Order: November 18, 2024 O R D E R

Housing Pvt. Limited. The ld. Assessing Officer has observed that fair market value of the said property as on the date of execution of Joint Development Agreement was Rs.2,61,82,546/-. He made the addition of 1/4th of the above value in the hands of assessee under the head “Capital Gain”. ITA Nos. 1942 & 1954/KOL/2024 (A.Y. 2015-2016) Ashutosh

ASHUTOSH DAS,DURGAPUR vs. A.C.I.T., CIRCLE - 1,, DURGAPUR

In the result, this appeal of the assessee is dismissed

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumari.T.A. Nos. 1942 & 1954/Kol/2024 Assessment Year: 2015-2016 Ashutosh Das,……………………………….….……Appellant C/O. Jain Vinod K & Associates, 41A, A.J.C. Bose Road, Suite No. 613, 6Th Floor, Kolkata-700017 [Pan:Adfpd9215N] -Vs.- Assistant Commissioner Of Income Tax,...Respondent Circle-1, Durgapur, Aayakar Bhawan, City Centre, Durgapur-734101 Appearances By: Shri Vinod Kr. Jain, Fca, Appeared On Behalf Of The Assessee Shri Pradip Kumar Biswas, Addl. Cit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: October 24, 2024 Date Of Pronouncing The Order: November 18, 2024 O R D E R

Housing Pvt. Limited. The ld. Assessing Officer has observed that fair market value of the said property as on the date of execution of Joint Development Agreement was Rs.2,61,82,546/-. He made the addition of 1/4th of the above value in the hands of assessee under the head “Capital Gain”. ITA Nos. 1942 & 1954/KOL/2024 (A.Y. 2015-2016) Ashutosh

GOPAL KUNDU ROY,SILIGURI vs. ITO, WARD 1(3),, SILIGURI

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

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 2263/Kol/2025 Assessment Year: 2014-2015 Gopal Kundu Roy,……………………………….…Appellant ‘Hare Krishna Bhawan’, P.O. Rabindra Sarani, Rathkhola Bazar, Siliguri-734006, West Bengal [Pan:Acgpr0359H] -Vs.- Income Tax Officer,……………………………..Respondent Ward-1(3), Siliguri, Aayakar Bhawan, Paribahan Nagar, Matigara, Dist. Darjeeling-734010, W.B.

house property. Due claim for exemption for investment in building for Rs.15,00,000/- had been made in the return. The return was processed under section 143(1) of the Act by the ld. Assessing Officer on 17.08.2015 and the ld. Assessing Officer had sent intimation of the assessee through Post on India Government Service. The ld. Assessing Officer observed

VINEET BAJORIA,KOLKATA vs. ITO, WARD 45(4), KOLKATA

In the result, both the appeals are allowed

Bench: S/Shri & Rajesh Kumar & Pradip Kumar Choubeyita Nos.228, 229, 230 & 231/Kol/2025 Assessment Year : 2013-14 Vineet Bajoria, C/O. S.N.Ghosh Vs. Ito, Ward 45(4), Kolkata & Associates, Advocates, 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kolkata Pan/Gir No. Adupb 1299 F (Appellant) .. ( Respondent) Assessee By : Shri Somnath Ghosh, Adv Revenue By : Shri S.B.Chakraborthy, Sr Dr

house property on which interest was paid to the tune of Rs.4,36,922/-, which was claimed u/s.24(b) of the Act as deduction. The certificate from ICICI Bank to this effect is placed at page 18 of paper book. Therefore, we set aside the order of ld CIT(A) and direct the Assessing Officer to delete the addition

VINEET BAJORIA,KOLKATA vs. ITO, WARD 45(4), KOLKATA

In the result, both the appeals are allowed

Bench: S/Shri & Rajesh Kumar & Pradip Kumar Choubeyita Nos.228, 229, 230 & 231/Kol/2025 Assessment Year : 2013-14 Vineet Bajoria, C/O. S.N.Ghosh Vs. Ito, Ward 45(4), Kolkata & Associates, Advocates, 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kolkata Pan/Gir No. Adupb 1299 F (Appellant) .. ( Respondent) Assessee By : Shri Somnath Ghosh, Adv Revenue By : Shri S.B.Chakraborthy, Sr Dr

house property on which interest was paid to the tune of Rs.4,36,922/-, which was claimed u/s.24(b) of the Act as deduction. The certificate from ICICI Bank to this effect is placed at page 18 of paper book. Therefore, we set aside the order of ld CIT(A) and direct the Assessing Officer to delete the addition

VINEET BAJORIA,KOLKATA vs. ITO, WARD 45(4), KOLKATA

In the result, both the appeals are allowed

Bench: S/Shri & Rajesh Kumar & Pradip Kumar Choubeyita Nos.228, 229, 230 & 231/Kol/2025 Assessment Year : 2013-14 Vineet Bajoria, C/O. S.N.Ghosh Vs. Ito, Ward 45(4), Kolkata & Associates, Advocates, 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kolkata Pan/Gir No. Adupb 1299 F (Appellant) .. ( Respondent) Assessee By : Shri Somnath Ghosh, Adv Revenue By : Shri S.B.Chakraborthy, Sr Dr

house property on which interest was paid to the tune of Rs.4,36,922/-, which was claimed u/s.24(b) of the Act as deduction. The certificate from ICICI Bank to this effect is placed at page 18 of paper book. Therefore, we set aside the order of ld CIT(A) and direct the Assessing Officer to delete the addition

VINEET BAJORIA,KOLKATA vs. ITO, WARD 45(4), KOLKATA

In the result, both the appeals are allowed

Bench: S/Shri & Rajesh Kumar & Pradip Kumar Choubeyita Nos.228, 229, 230 & 231/Kol/2025 Assessment Year : 2013-14 Vineet Bajoria, C/O. S.N.Ghosh Vs. Ito, Ward 45(4), Kolkata & Associates, Advocates, 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kolkata Pan/Gir No. Adupb 1299 F (Appellant) .. ( Respondent) Assessee By : Shri Somnath Ghosh, Adv Revenue By : Shri S.B.Chakraborthy, Sr Dr

house property on which interest was paid to the tune of Rs.4,36,922/-, which was claimed u/s.24(b) of the Act as deduction. The certificate from ICICI Bank to this effect is placed at page 18 of paper book. Therefore, we set aside the order of ld CIT(A) and direct the Assessing Officer to delete the addition

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

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(1), KOLKATA, KOLKATA vs. AXIS OVERSEAS LIMITED, KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Dy. Commissioner Of Income Tax, Cc 1(1), Kolkata Axis Overseas Limited Aaykar Bhawan Poorva, 21A, Shakespeare Sarani, Vs. 3Rd Floor, Kolkata-700107, Kolkata-700107, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aagca7497L Assessee By : Shri Siddharth Agarwal, Ar Revenue By : Shri P.N. Barnwal, Dr Date Of Hearing: 13.11.2025 Date Of Pronouncement: 03.12.2025

271(1)(c) is being initiated separately for concealment of income by way of furnishing inaccurate particulars of income. So, for sake of consistency in department stand on the issue, addition of notional interest is made @ 12% amounting to Rs 2,67,75,667/- on total advances of Rs 22,31,30,558/-. 1. It is pertinent to note that

MURARILAL MURARKA,KOLKATA vs. I.T.O., WARD-61(3), KOLKATA, KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

section 44AB of the Act. The assessee had e- filed the return of income for the relevant assessment year on 30.11.2014 declaring total income of Rs. 6,80,980/- comprising of income from salary, house property and business or profession. The case of the assessee was selected for scrutiny through CASS, the reasons being large commission expenses

RECKITT BENCKISER (INDIA) PVT LTD.,KOLKATA vs. DCIT, CIRCLE-12(1), KOLKATA, KOLKATA

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmaita Nos.78/Kol/2018 Assessment Year: 2013-14 &

271(1)(c) of the Act. 13. The above grounds are independent and without prejudice to each other. The appellant craves leave to add, amend, modify, alter, withdraw or vary any grounds of appeal either before or at the time of hearing of appeal proceedings.” 4. Facts of the case as stated in the order of Ld. Transfer Pricing Officer

RECKITT BENCKISER (INDIA) PVT LTD.,KOLKATA vs. DCIT, CIRCLE-12(1), KOLKATA, KOLKATA

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmaita Nos.78/Kol/2018 Assessment Year: 2013-14 &

271(1)(c) of the Act. 13. The above grounds are independent and without prejudice to each other. The appellant craves leave to add, amend, modify, alter, withdraw or vary any grounds of appeal either before or at the time of hearing of appeal proceedings.” 4. Facts of the case as stated in the order of Ld. Transfer Pricing Officer

RECKITT BENCKISER (INDIA) PVT. LTD.,GURGAON vs. D.C.I.T., CIRCLE - 11(1),, KOLKATA

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmaita Nos.78/Kol/2018 Assessment Year: 2013-14 &

271(1)(c) of the Act. 13. The above grounds are independent and without prejudice to each other. The appellant craves leave to add, amend, modify, alter, withdraw or vary any grounds of appeal either before or at the time of hearing of appeal proceedings.” 4. Facts of the case as stated in the order of Ld. Transfer Pricing Officer

RECKITT BENCKISER INDIA PRIVATE LIMITED,GURGAON, HARYANA vs. D.C.I.T., CIRCLE 11.1, KOLKATA, KOLKATA

271(1)(c) of the Act.\n13. The above grounds are independent and without prejudice to each other.\nThe appellant craves leave to add, amend, modify, alter, withdraw or vary any\ngrounds of appeal either before or at the time of hearing of appeal proceedings.”\n\nFacts of the case as stated in the order of Ld. Transfer\nPricing Officer

RECKITT BENCKISER (INDIA) PRIVATE LIMITED ,KOLKATA vs. DCIT, CIRCLE-12(1), KOLKATA

271(1)(c) of the Act.\n13. The above grounds are independent and without prejudice to each other.\nThe appellant craves leave to add, amend, modify, alter, withdraw or vary any\ngrounds of appeal either before or at the time of hearing of appeal proceedings.”\nFacts of the case as stated in the order of Ld. Transfer\nPricing Officer