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

In the result, the appeal of the assessee is allowed

property and provisions of Section\n54F were/are applicable to all other assets, not being a residential house. In J.R.\nSubramanya Bhat (supra), Karnataka High Court noticed language of Section 54 which\nstipulated that the assessee should within one year from the date of transfer purchase, or\nwithin a period of two years thereafter, construct a residential house to avail

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

In the result, the revenue’s appeal for A

29, 2017 ORDER Per P.M. Jagtap, AM These three appeals are preferred by the revenue against three separate orders passed by the Ld. CIT(A) – 2, Kolkata all dated 23.06.2015 for A.Y. 2009-10, 2010-11 and 2011-12 and since the issues involved therein are common, the same have been heard together and are being disposed

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

In the result, the revenue’s appeal for A

29, 2017 ORDER Per P.M. Jagtap, AM These three appeals are preferred by the revenue against three separate orders passed by the Ld. CIT(A) – 2, Kolkata all dated 23.06.2015 for A.Y. 2009-10, 2010-11 and 2011-12 and since the issues involved therein are common, the same have been heard together and are being disposed

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

In the result, the revenue’s appeal for A

29, 2017 ORDER Per P.M. Jagtap, AM These three appeals are preferred by the revenue against three separate orders passed by the Ld. CIT(A) – 2, Kolkata all dated 23.06.2015 for A.Y. 2009-10, 2010-11 and 2011-12 and since the issues involved therein are common, the same have been heard together and are being disposed

RAJATGIRI OIL INDUSTRIES,KOLKATA vs. ACIT, KOLKATA

In the result, all the appeals of the assessee are dismissed

Bench: Shri Sanjay Garg & Shri Girish Agrawal

29,12,2016 u/s.147/143(3) of the Rajatgiri Oil Industries., AYs 2009-10, 2010-11, 2013-14 & 2016-17 Income-tax Act, 1961 (hereinafter referred to as the “Act”) for AY 2009- 10, 30.03.2016 u/s. 143(3)/148 of the Act for AYs 2010-11 & 2013-14 & 27.12.2018 u/s. 143(3) of the Act for AYs 2016-17. 2. Grounds

RAJATGIRI OIL INDUSTRIES,KOLKATA vs. ACIT, KOLKATA

In the result, all the appeals of the assessee are dismissed

Bench: Shri Sanjay Garg & Shri Girish Agrawal

29,12,2016 u/s.147/143(3) of the Rajatgiri Oil Industries., AYs 2009-10, 2010-11, 2013-14 & 2016-17 Income-tax Act, 1961 (hereinafter referred to as the “Act”) for AY 2009- 10, 30.03.2016 u/s. 143(3)/148 of the Act for AYs 2010-11 & 2013-14 & 27.12.2018 u/s. 143(3) of the Act for AYs 2016-17. 2. Grounds

RAJATGIRI OIL INDUSTRIES,KOLKATA vs. ACIT, KOLKATA

In the result, all the appeals of the assessee are dismissed

Bench: Shri Sanjay Garg & Shri Girish Agrawal

29,12,2016 u/s.147/143(3) of the Rajatgiri Oil Industries., AYs 2009-10, 2010-11, 2013-14 & 2016-17 Income-tax Act, 1961 (hereinafter referred to as the “Act”) for AY 2009- 10, 30.03.2016 u/s. 143(3)/148 of the Act for AYs 2010-11 & 2013-14 & 27.12.2018 u/s. 143(3) of the Act for AYs 2016-17. 2. Grounds

RAJATGIRI OIL INDUSTRIES,KOLKATA vs. ACIT, KOLKATA

In the result, all the appeals of the assessee are dismissed

Bench: Shri Sanjay Garg & Shri Girish Agrawal

29,12,2016 u/s.147/143(3) of the Rajatgiri Oil Industries., AYs 2009-10, 2010-11, 2013-14 & 2016-17 Income-tax Act, 1961 (hereinafter referred to as the “Act”) for AY 2009- 10, 30.03.2016 u/s. 143(3)/148 of the Act for AYs 2010-11 & 2013-14 & 27.12.2018 u/s. 143(3) of the Act for AYs 2016-17. 2. Grounds

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

section 22 income from house property is liable to the taxed. The income that the club had made in the instant case was from letting out the rooms. The income was derived from providing many facilities to the members including accommodation. Neither the club nor the members had treated these facilities separately and the department could not also treat them

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

section 22 income from house property is liable to the taxed. The income that the club had made in the instant case was from letting out the rooms. The income was derived from providing many facilities to the members including accommodation. Neither the club nor the members had treated these facilities separately and the department could not also treat them

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

section 22 income from house property is liable to the taxed. The income that the club had made in the instant case was from letting out the rooms. The income was derived from providing many facilities to the members including accommodation. Neither the club nor the members had treated these facilities separately and the department could not also treat them

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

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

29 taxmann.com 19) (Mad HC) f) Ramsukh Properties vs. DCIT (138 ITD 278) (Pune ITAT) 4.26 Copies of these decisions were filed in the course of hearing from which it appeared that in all the above cases the assessees had undertaken development of housing projects which were approved by a common sanction granted by the local authorities. The assessees however

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

section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act ‘] dated 30.03.2015 for the Asst Year 2012-13. 2. The only issue to be decided in this appeal is as to whether the ld CITA was justified in denying the benefit of deduction u/s 54 / 54F of the Act in the facts and circumstances

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]

29,817/- and audit fee of Rs.5618/- treating the income from Industrial Park as business income as against the action of the AO in not allowing such expenses by treating the same as income from house property. In view of such facts, Ld. CIT, DR supported the orders of the lower authorities. 16. We have heard rival contentions and gone

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]

29,817/- and audit fee of Rs.5618/- treating the income from Industrial Park as business income as against the action of the AO in not allowing such expenses by treating the same as income from house property. In view of such facts, Ld. CIT, DR supported the orders of the lower authorities. 16. We have heard rival contentions and gone

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]

29,817/- and audit fee of Rs.5618/- treating the income from Industrial Park as business income as against the action of the AO in not allowing such expenses by treating the same as income from house property. In view of such facts, Ld. CIT, DR supported the orders of the lower authorities. 16. We have heard rival contentions and gone

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]

29,817/- and audit fee of Rs.5618/- treating the income from Industrial Park as business income as against the action of the AO in not allowing such expenses by treating the same as income from house property. In view of such facts, Ld. CIT, DR supported the orders of the lower authorities. 16. We have heard rival contentions and gone

ACIT, CIRCLE-15(1), KOLKATA, KOLKATA vs. M/S. DEVA LEASE AND FINANCE PVT. LTD., KOLKATA

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2012-13 Acit Circle-15(1), V/S. M/S Deva Lease & Aayaka Bhawan,Poorva Finance Pvt. Ltd., 1A, 110, Shantipally, Kolkta- K.B.R. Complex, 4, Ho- 107 Chi-Min Sarani, Kolkata-71 [Pan No.Aabcd 7839 E] .. अपीलाथ" /Appellant ""यथ"/Respondent C.O. No.54/Kol/2017 (A/O Ita No.961/Kol/2017) Assessment Year :2012-13 M/S Deva Lease & V/S. Acit, Circle-15(1), Finance Pvt. Ltd., 1A, Aaykar Bhavan, Poorva, K.B.R. Complex, 4, Ho- 110, Shantipally, Chi-Min Sarani, Kolkata- Kolakta-107 71 [Pan No.Aabcd 7839 E] .. "तया"ेपक/Co-Objector ""यथ"/Respondent

29-05-2018 सुनवाई क" तार"ख/Date of Hearing 31-05-2018 घोषणा क" तार"ख/Date of Pronouncement आदेश /O R D E R PER S.S.Godara, Judicial Member:- This Revenue’s appeal and assessee’s Cross Objection for assessment year 2012-13 arise against the Commissioner of Income Tax (Appeals)-16, Kolkata’s order dated 23.03.2017 in case