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88 results for “house property”+ Section 36(1)(vii)clear

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Key Topics

Section 143(3)78Addition to Income45Section 80I37Disallowance37Section 26335Section 14731Section 6828Deduction27Section 4020Section 14A

DCIT, CENTRAL CIRCLE - 1(4), KOLKATA , KOLKATA vs. M/S. HINDUSTAN URBAN INFRASTRUCTURE LTD.(HINDUSTAN VIDYUT PRODUCT LTD.,), NEW DELHI

ITA 1616/KOL/2017[2012-13]Status: DisposedITAT Kolkata31 Dec 2018AY 2012-13

Bench: Shri S.S.Godara & Shri, M. Balaganesh

Section 143(3)Section 195Section 246ASection 271(1)(c)Section 40Section 40ASection 9(1)(vii)

house / real estate agent / broker, who will be involved in merely identifying the right property for the prospective buyer / seller and once he completes the deal, he gets the commission. Thus, by no stretch of imagination, it cannot be said that the transaction partakes the character of "fees for technical services" as explained in the context of Section 9(1

Showing 1–20 of 88 · Page 1 of 5

19
Section 25017
Reassessment11

DCIT, CENTRAL CIRCLE - 1(4), KOLKATA , KOLKATA vs. M/S. HINDUSTAN URBAN INFRASTRUCTURE LTD.(HINDUSTAN VIDYUT PRODUCT LTD.,), NEW DELHI

ITA 1615/KOL/2017[2011-12]Status: DisposedITAT Kolkata31 Dec 2018AY 2011-12

Bench: Shri S.S.Godara & Shri, M. Balaganesh

Section 143(3)Section 195Section 246ASection 271(1)(c)Section 40Section 40ASection 9(1)(vii)

house / real estate agent / broker, who will be involved in merely identifying the right property for the prospective buyer / seller and once he completes the deal, he gets the commission. Thus, by no stretch of imagination, it cannot be said that the transaction partakes the character of "fees for technical services" as explained in the context of Section 9(1

D.C.I.T.,CIRCLE-2(2), KOLKATA vs. M/S SHALIMAR WIRES INDUSTRIES LTD., KOLKATA

Appeal is dismissed

ITA 1354/KOL/2019[2013-14]Status: DisposedITAT Kolkata23 Dec 2019AY 2013-14

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2013-14

Section 143(3)Section 5(2)(b)Section 9(1)

36. Let us sum up our discussions on this part of the scheme of Section 9, so far as tax implications on commission agency business carried out by non-residents for Indian principals is concerned. It does not need much of a cerebral exercise to find out whether the income ITA No.1354/Kol/2019 A.Y. 2013-14 DCIT

M/S. ELECTROSTEEL CASTING LIMITED.,KOLKATA vs. ITO (INTERNATIONAL TAXATION) WARD, KOLKATA , KOLKATA

In the result, the appeal of the assessee is allowed

ITA 140/KOL/2018[2014-15]Status: DisposedITAT Kolkata27 Sept 2019AY 2014-15

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey)

Section 133(6)Section 201(1)Section 250Section 9(1)(vii)Section 9(2)

36. Let us sum up our discussions on this part of the scheme of Section 9, so far as tax implications on commission agency business carried out by non-residents for Indian principals is concerned. It does not need much of a cerebral exercise to find out whether the income from the business carried on by a non-resident assessee

ACIT, CIRCLE - 25, KOLKATA, KOLKATA vs. SRI SUBHATOSH MAJUMDER, KOLKATA

In the result, the appeal of the Revenue is allowed for statistical purpose

ITA 2006/KOL/2017[2011-12]Status: DisposedITAT Kolkata26 Feb 2020AY 2011-12

Bench: Shri A.T. Varkery, Jm & Dr. Arjun Lal Saini, Am ]

Section 194JSection 195Section 195(1)Section 40Section 9(1)(vii)

Property Rights (‘IPRs’) both in India and abroad. In relation thereto, the assessee had obtained technical information or consultancy services from foreign attorneys. The AO observed that although the services were rendered by the foreign attorneys outside India but the services were essentially connected with the assessee’s profession carried on by him in India and therefore these payments were

ACIT, CIR-2, TDS, KOLKATA, KOLKATA vs. LUX INDUSTRIES LTD., KOLKATA

Appeals are dismissed

ITA 1144/KOL/2015[2012-2013]Status: DisposedITAT Kolkata27 Jun 2018AY 2012-2013

Bench: Hon’Ble Shri S.S.Godara, Jm & Shri M.Balaganesh, Am ]

For Appellant: Shri Nicholas Murmu, Addl. CIT, Sr.DRFor Respondent: Shri Amit Agarwal, AR
Section 201Section 201(1)Section 9(1)Section 9(2)Section 91

36. Let us sum up our discussions on this part of the scheme of Section 9, so far as tax implications on commission agency business carried out by non-residents for Indian principals is concerned. It does not need much of a cerebral exercise to find out whether the income from the business carried on by a non-resident assessee

ACIT, CIR-2, TDS, KOLKATA, KOLKATA vs. LUX INDUSTRIES LTD., KOLKATA

Appeals are dismissed

ITA 1145/KOL/2015[2013-2014]Status: DisposedITAT Kolkata27 Jun 2018AY 2013-2014

Bench: Hon’Ble Shri S.S.Godara, Jm & Shri M.Balaganesh, Am ]

For Appellant: Shri Nicholas Murmu, Addl. CIT, Sr.DRFor Respondent: Shri Amit Agarwal, AR
Section 201Section 201(1)Section 9(1)Section 9(2)Section 91

36. Let us sum up our discussions on this part of the scheme of Section 9, so far as tax implications on commission agency business carried out by non-residents for Indian principals is concerned. It does not need much of a cerebral exercise to find out whether the income from the business carried on by a non-resident assessee

GIFFORD & PARTNERS LTD.(SINCE MERGED WITH GIFFORD LLP),KOLKATA vs. DDIT, INTERNATIONAL TAXATION - 1(1), KOLKATA, KOLKATA

In the result ITA No.1489/Kol/11 is partly allowed

ITA 2082/KOL/2010[2007-08]Status: DisposedITAT Kolkata06 Apr 2016AY 2007-08

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] Assessment Year : 2007-08

For Appellant: Shri S.K.Agarwal, FCAFor Respondent: Shri G.Mallikarjuna, CIT (DR)
Section 143(3)Section 144C

36. It was submitted that in the case of the Assessee, GRSE has not gained any technical knowledge, skill, etc. as a result of service provided to it, which can be subsequently utilized by it. Thus, payments made by it, for services provided do not fall within the scope of FTS, as laid out in Article

GIFFORD & PARTNERS LTD.(SINCE MERGED WITH GIFFORD LLP),KOLKATA vs. ADIT (INTERNATIONAL TAXATION) - 1(1), KOLKATA, KOLKATA

In the result ITA No.1489/Kol/11 is partly allowed

ITA 1489/KOL/2011[2005-06]Status: DisposedITAT Kolkata06 Apr 2016AY 2005-06

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] Assessment Year : 2007-08

For Appellant: Shri S.K.Agarwal, FCAFor Respondent: Shri G.Mallikarjuna, CIT (DR)
Section 143(3)Section 144C

36. It was submitted that in the case of the Assessee, GRSE has not gained any technical knowledge, skill, etc. as a result of service provided to it, which can be subsequently utilized by it. Thus, payments made by it, for services provided do not fall within the scope of FTS, as laid out in Article

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

36(1)(vii)/36(2) of the Act. I also find that there is no violation of Rule 46A in the instant case. In such view of the matter, the AO is directed to delete the impugned amount of Rs.3,02,57,500/-. This ground is allowed.” I.T.A. No. 103/Kol/2021 Assessment Year: 2012-13 M/s. Rav Dravya Private Limited

N L C NALCO INDIA LTD PREVIOUSLY KNOWN AS ONDEO NALCO INDIA LTD.,KOLKATA vs. ACIT, CIR - 11, KOLKATA, KOLKATA

In the result, the appeal of assessee in ITA No

ITA 1256/KOL/2009[2004-05]Status: DisposedITAT Kolkata03 Feb 2016AY 2004-05

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

For Appellant: Shri Soumitra Chowdhury, AdvocateFor Respondent: Shri D. Mallikarjuna &
Section 143(3)Section 36(1)(vii)

vii) of the Act with respect to the same. Reference made by Ld. Counsel for the assessee to the judgment of Hon'ble Supreme Court in the case of TRF Ltd v CIT 323 ITR 397 (SC) wherein Hon'ble Supreme Court has held that post 1st April, 1989 it is not necessary for any assessee to establish that

NLC NALCO INDIA LTD.,KOLKATA vs. ACIT, CIRCLE - 11, KOLKATA, KOLKATA

In the result, the appeal of assessee in ITA No

ITA 529/KOL/2008[2003-04]Status: DisposedITAT Kolkata03 Feb 2016AY 2003-04

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

For Appellant: Shri Soumitra Chowdhury, AdvocateFor Respondent: Shri D. Mallikarjuna &
Section 143(3)Section 36(1)(vii)

vii) of the Act with respect to the same. Reference made by Ld. Counsel for the assessee to the judgment of Hon'ble Supreme Court in the case of TRF Ltd v CIT 323 ITR 397 (SC) wherein Hon'ble Supreme Court has held that post 1st April, 1989 it is not necessary for any assessee to establish that

JCIT, (OSD), CIR-2(2), KOLKATA, KOLKATA vs. M/S ONPROCESS TECHNOLOGY INDIA PVT. LTD., KOLKATA

In the result, the appeal of assessee is allowed and that of the revenue is dismissed

ITA 1241/KOL/2016[2012-2013]Status: DisposedITAT Kolkata24 May 2018AY 2012-2013

Bench: Shri P.M. Jagtap, Am & Shri A. T. Varkey, Jm]

Section 195Section 40Section 9(1)(i)Section 9(1)(vii)

house developed process automation solutions and skilled manpower i.e. software developers for servicing the process solutions, which are evidently in the nature of “Technical Services” over which all IPRs are enjoyed by the holding coy i.e. BNKe Inc., USA” 7. The Ld. AR further submitted that the material issue for decision was not whether the assessee was rendering BPO services

ON PROCESS TECHNOLOGY INDIA PVT. LTD.,KOLKATA vs. DCIT, CIR-2(2), KOLKATA, KOLKATA

In the result, the appeal of assessee is allowed and that of the revenue is dismissed

ITA 1047/KOL/2016[2012-2013]Status: DisposedITAT Kolkata24 May 2018AY 2012-2013

Bench: Shri P.M. Jagtap, Am & Shri A. T. Varkey, Jm]

Section 195Section 40Section 9(1)(i)Section 9(1)(vii)

house developed process automation solutions and skilled manpower i.e. software developers for servicing the process solutions, which are evidently in the nature of “Technical Services” over which all IPRs are enjoyed by the holding coy i.e. BNKe Inc., USA” 7. The Ld. AR further submitted that the material issue for decision was not whether the assessee was rendering BPO services

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. SOUTH CITY PROJECTS (KOLKATA) LIMITED, KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 1096/KOL/2023[2020-21]Status: DisposedITAT Kolkata24 Oct 2024AY 2020-21

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

Section 36(1)(iii)

properties Pvt. Ltd. [“AAIPL”]. 3. Facts in brief are that, the assessee is a company engaged in the business of Real Estate Development and maintenance service of commercial area let out to various tenants. The assessee had filed return of income during the year declaring total income of Rs. 46,89,36,410/-. The case of the assessee was selected

M/S BALMER LAWRIES & CO. LTD.,KOLKATA vs. INCOME TAX OFFICER(IT) WD-1(1), KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

ITA 2079/KOL/2014[2012-2013]Status: DisposedITAT Kolkata27 Apr 2016AY 2012-2013

Bench: Shri Mahavir Singh & Shri Waseem Ahmedassessment Year :2012-13 M/S Balmer Lawrie & Co. V/S. Income Tax Officer Ltd., 21, N.S.Road, (International Taxation), Kolkata-700 001 Ward-1(1), Aayakar [Pan No. Aabcb 0984 E] Bhawan (Poorva), 2Nd Floor, R. No.215, 110, Shanti Pally, Kolkata- 700 107 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri M.K.Poddar, Sr-Advocate अपीलाथ" क" ओर से/By Appellant Shri C.P.Bhatia, Jcit-Dr ""यथ" क" ओर से/By Respondent 18-02-2016 सुनवाई क" तार"ख/Date Of Hearing 27-04-2016 घोषणा क" तार"ख/Date Of Pronouncement

Section 195Section 201(1)Section 5(2)(b)

36 xi. The overseas entity invoices to the Appellant Company for local overseas transportation and other actual expenses incurred by it overseas in connection with the delivery of the exported consignment from India, which is required to be delivered to the overseas importer(s), after collecting the consignment from the carrier(s); xii. The transportation charges and other incidental expenses

ACIT, LTU - 2, KOLKATA , KOLKATA vs. M/S. UCO BANK, KOLKATA

In the result, appeal of the Revenue is dismissed

ITA 585/KOL/2018[2011-12]Status: DisposedITAT Kolkata17 Jun 2020AY 2011-12

Bench: Shri S. S. Godara, Jm & Dr. A.L. Saini, Am Vs. M/S Uco Bank Acit, Ltu-2, Kolkata 10, Btm, Sarani, Kolkata – 700001. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacu3561B .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

For Appellant: Shri Vijay Shankar, CITFor Respondent: Shri D. S. Damle, FCA
Section 115JSection 143(3)Section 14ASection 211Section 40

vii) Bank of India –vs.- Addl. CIT [ITA No. 1498/Mum./2011] The amendment made in section 115JB by the Finance Act, 2012 by inserting Explanation 3 was also taken into consideration by the Tribunal in its order for A.Y. 2002-03 and it was held that the provisions of section 115JB of the Act were not applicable in the case

M/S AKZO NOBEL INDIA LTD.,KOLKATA vs. DCIT, CIR-10, KOLKATA, KOLKATA

In the result appeal by the Revenue is dismissed

ITA 531/KOL/2014[2009-2010]Status: DisposedITAT Kolkata03 May 2017AY 2009-2010

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am]

For Appellant: Shri S.P.Singh & Shri Manoneet Dalal (AR)For Respondent: Shri G.Mallikarjuna, CIT(DR)
Section 143(3)Section 144CSection 92

vii) other anciliary services in support of Assessee’s business, including public affairs advise or public relations. Clause 4 of the SLA provides that the consideration payable for services to be rendered by ANPAP shall be the actual cost incurred by ANPAP for providing services to the Assessee plus a margin of 5% of such cost. The issue

DCIT, CIR-10, KOLKATA, KOLKATA vs. M/S AKZO NOBEL INDIA LTD., KOLKATA

In the result appeal by the Revenue is dismissed

ITA 335/KOL/2014[2009-10]Status: DisposedITAT Kolkata03 May 2017AY 2009-10

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am]

For Appellant: Shri S.P.Singh & Shri Manoneet Dalal (AR)For Respondent: Shri G.Mallikarjuna, CIT(DR)
Section 143(3)Section 144CSection 92

vii) other anciliary services in support of Assessee’s business, including public affairs advise or public relations. Clause 4 of the SLA provides that the consideration payable for services to be rendered by ANPAP shall be the actual cost incurred by ANPAP for providing services to the Assessee plus a margin of 5% of such cost. The issue

M/S. INDIAN ROADWAYS CORPORATION LTD., ,KOLKATA vs. PRINCIPAL CIT, CENTRAL - 1, KOLKATA , KOLKATA

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

ITA 787/KOL/2018[2009-10]Status: DisposedITAT Kolkata12 Sept 2018AY 2009-10

Bench: Shri A.T.Varkey, Jm & Dr. A.L. Saini, Am Vs. Principal Commissioner Of M/S Indian Roadways Corporation Ltd. Income Tax, Central-I, Irc House, 1, Sunyat Sen Street, Kolkata, Aayakar Bhawan Kolkata-700012. Poorva, 110, Shantipally, Kolkata-700107. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaci 7333 K (अपीलाथ" /Appellant) (""यथ" / Respondent) ..

For Appellant: Shri S.K.Tulsiyan, AdvocateFor Respondent: Shri P.K.Srihari, CIT(DR)
Section 132Section 143(3)Section 153ASection 154Section 263Section 36

House; 1, Sunyat Sen Street, Kolkata- 700001. 5. Thereafter, the notice u/s.153A of the Income Tax Act,1961 was issued by the Department on 07.04.2015, asking the assessee to file correct return of its total income in respect of which the assessee was assessable for the assessment year 2009-10. In response to the notice u/s 153A, the assessee filed