DCIT, CIR-1, SILIGURI, SILIGURI vs. SMT JENNIFER CHAKRABORTY, SILIGURI

In the result, the appeal filed by the Revenue (in ITA No

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.400/Kol/2016 ("नधा"रणवष" / Assessment Year: 2011-12) Dcit, Circle-1, Siliguri Vs. Smt. Jennifer Chakraborty St. Michael’S School, 2Nd Mile, Sevoke Road, Aayakar Bhawan, Paribahan Nagar, Matigra, Siliguri, Pin-734010. Siliguri "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acppc 9278 B (Revenue) .. (Assessee)

house property’. We note that the A.O further inferred that since excepting allotment money, all other installment payments were made within a period of 36 months, the properties in question must not be treated as long term capital assets’ and profit arisen out of said transactions could not be considered as ‘long term capital gains. We note that the definition

JENNIFFER CHAKRAVARTY,SILIGURI vs. DCIT, CIR-3, SILIGURI, SILIGURI

In the result, the appeal filed by the Revenue (in ITA No

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.400/Kol/2016 ("नधा"रणवष" / Assessment Year: 2011-12) Dcit, Circle-1, Siliguri Vs. Smt. Jennifer Chakraborty St. Michael’S School, 2Nd Mile, Sevoke Road, Aayakar Bhawan, Paribahan Nagar, Matigra, Siliguri, Pin-734010. Siliguri "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acppc 9278 B (Revenue) .. (Assessee)

house property’. We note that the A.O further inferred that since excepting allotment money, all other installment payments were made within a period of 36 months, the properties in question must not be treated as long term capital assets’ and profit arisen out of said transactions could not be considered as ‘long term capital gains. We note that the definition

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

In the result, the revenue’s appeal for A

section 14A as per the Rule 8D(2)(ii) & (iii) of the rules. Respectfully following the said decision of the Hon’ble Jurisdictional High Court, we uphold the impugned order of the Ld. CIT(A) on this issue and dismiss ground no 5 of the revenue’s appeal. 21 I.T.A. No. 1183 to 1185/Kol/2015 Assessment Years

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

In the result, the revenue’s appeal for A

section 14A as per the Rule 8D(2)(ii) & (iii) of the rules. Respectfully following the said decision of the Hon’ble Jurisdictional High Court, we uphold the impugned order of the Ld. CIT(A) on this issue and dismiss ground no 5 of the revenue’s appeal. 21 I.T.A. No. 1183 to 1185/Kol/2015 Assessment Years

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

In the result, the revenue’s appeal for A

section 14A as per the Rule 8D(2)(ii) & (iii) of the rules. Respectfully following the said decision of the Hon’ble Jurisdictional High Court, we uphold the impugned order of the Ld. CIT(A) on this issue and dismiss ground no 5 of the revenue’s appeal. 21 I.T.A. No. 1183 to 1185/Kol/2015 Assessment Years

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

36,602 received by the Appellant may kindly be treated as business income. 5. On the facts and in the circumstances of the case and in law the C.I.T.(A) erred in confirming the addition of Rs 14,65,339 by arbitrarily treating the price of bulk oil at the rate of Rs. 51.46 per kg which may kindly

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

36,602 received by the Appellant may kindly be treated as business income. 5. On the facts and in the circumstances of the case and in law the C.I.T.(A) erred in confirming the addition of Rs 14,65,339 by arbitrarily treating the price of bulk oil at the rate of Rs. 51.46 per kg which may kindly

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

36,602 received by the Appellant may kindly be treated as business income. 5. On the facts and in the circumstances of the case and in law the C.I.T.(A) erred in confirming the addition of Rs 14,65,339 by arbitrarily treating the price of bulk oil at the rate of Rs. 51.46 per kg which may kindly

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

36,602 received by the Appellant may kindly be treated as business income. 5. On the facts and in the circumstances of the case and in law the C.I.T.(A) erred in confirming the addition of Rs 14,65,339 by arbitrarily treating the price of bulk oil at the rate of Rs. 51.46 per kg which may kindly

SANJEEB KUMAR SINGH ,KOLKATA vs. ITO, WARD - 56(1), KOLKATA , KOLKATA

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

Bench: Shri A. T. Varkey, Jm]

section 24(a) against the enhanced rental income of Rs. 3,36,000/-.” 8. The brief facts of the case is that during the appellate proceedings, the Ld. CIT(A) noted that the AO for A.Y. 2013-14 of order dated 09.03.2016 has added an amount of Rs. 3,36,000/- to assessee’s total income as income from house

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]

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 through facts and circumstances of the case. The above facts are undisputed in respect to cash flow statement filed by the assessee as well as availability of funds. We find that neither

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]

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 through facts and circumstances of the case. The above facts are undisputed in respect to cash flow statement filed by the assessee as well as availability of funds. We find that neither

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]

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 through facts and circumstances of the case. The above facts are undisputed in respect to cash flow statement filed by the assessee as well as availability of funds. We find that neither

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]

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 through facts and circumstances of the case. The above facts are undisputed in respect to cash flow statement filed by the assessee as well as availability of funds. We find that neither

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 property’. The Hon’ble Supreme Court in the case of Secunderabad Club confirmed the order of the Bankipur Club Ltd. It further held that in that judgment the issue of earning interest on Fixed Deposits from Banks was not decided. It held that in the case of Bangalore Club (supra) the Supreme Court adjudicated the question as to whether

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 property’. The Hon’ble Supreme Court in the case of Secunderabad Club confirmed the order of the Bankipur Club Ltd. It further held that in that judgment the issue of earning interest on Fixed Deposits from Banks was not decided. It held that in the case of Bangalore Club (supra) the Supreme Court adjudicated the question as to whether

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 property’. The Hon’ble Supreme Court in the case of Secunderabad Club confirmed the order of the Bankipur Club Ltd. It further held that in that judgment the issue of earning interest on Fixed Deposits from Banks was not decided. It held that in the case of Bangalore Club (supra) the Supreme Court adjudicated the question as to whether

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