ALLAHABAD BANK,KOLKATA vs. D.C.I.T CIR - 6,KOLKATA., KOLKATA

In the result, Revenue’s appeal stands partly allowed for statistical purpose

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

364 (Del) and the Hon'ble Bombay High Court in the case of Godrej & Boyce Mfg. Co. Ltd. 328 ITR 81 (Born) have taken a view that Rule 8D of the IT. Rules will apply only for AYs 2008-09 and subsequent assessment years. It has also been laid down that the assessee has to make a claim (including

THE PEERLESS GEN. FIN. & INV. CO. LTD.,KOLKATA vs. DCIT, CIRCLE-3(1), KOLKATA, KOLKATA

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

Bench: Shri P.M. Jagtap, Vice- & Shri A.T. Varkey

Housing Project Pvt. Ltd. The said investment in Right to Property was a capital asset and was shown in the Audited Accounts as Investment in Right to Property' under the head 'Investments - Current and Non-current investments', refer Note II of the audited accounts. The investment in Right to Property was never considered as 'stock in trade' by the assessee

OBEROI HOTELS PRIVATE LIMITED,KOLKATA vs. DCIT, CIRCLE - 8, KOLKATA, KOLKATA

In the result, assessee’s appeals in ITA Nos

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

364/-. We further find that the assessee has already identified the expenditure relatable to earning of exempted income but could not find any other expenditure debited in the P&L Account which had nexus with earning of exempted income. Even from the order of AO or that of the CIT(A), we could not find that there is any specific

OBEROI HOTELS PRIVATE LIMITED,KOLKATA vs. DCIT, CIRCLE -8, KOLKATA, KOLKATA

In the result, assessee’s appeals in ITA Nos

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

364/-. We further find that the assessee has already identified the expenditure relatable to earning of exempted income but could not find any other expenditure debited in the P&L Account which had nexus with earning of exempted income. Even from the order of AO or that of the CIT(A), we could not find that there is any specific

DCIT, CIRCLE -8, KOLKATA, KOLKATA vs. M/S. OBEROI HOTELS PVT. LTD., KOLKATA

In the result, assessee’s appeals in ITA Nos

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

364/-. We further find that the assessee has already identified the expenditure relatable to earning of exempted income but could not find any other expenditure debited in the P&L Account which had nexus with earning of exempted income. Even from the order of AO or that of the CIT(A), we could not find that there is any specific

JCIT(OSD), CIRCLE - 8, KOLKATA, KOLKATA vs. M/S. OBEROI HOTELS PVT. LTD., KOLKATA

In the result, assessee’s appeals in ITA Nos

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

364/-. We further find that the assessee has already identified the expenditure relatable to earning of exempted income but could not find any other expenditure debited in the P&L Account which had nexus with earning of exempted income. Even from the order of AO or that of the CIT(A), we could not find that there is any specific

ABC INDIA LIMITED,KOLKATA vs. DCIT, CIRCLE 11(1),, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm Abc India Limited Dcit, Circle 11(1) 40/8, Ballygunj, Circular Road, Aayakar Bhawan, Chowringhee Kolkata, West Bengal-700019 Square, Kolkata-700069 Vs. West Bengal (Appellant) (Respondent) Pan No. Aacca2035J Assessee By : Shri S.K. Pransukhka, Ar Revenue By : Shri Sanjib Kumar Paul, Dr Date Of Hearing: 16.02.2026 Date Of Pronouncement: 15.04.2026

house." 14. In the present case, it is evident from the record that both parties, i.e., the assessee and the purchaser, agreed to the terms of the oral agreement, and the purchaser also made the payment of the sale consideration in the financial year 2009- 10 itself. Furthermore, the purchaser took possession of the plot of land in the financial

SHRI RATAN KUMAR SAHA,KOLKATA vs. A.C.I.T.,CIRCLE-49(1&2), KOLKATA

Bench: Shri Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2014-15 Shri Ratan Kumar Saha Acit, Cir-49(1&2), Kolkata 299, Gorakshabasi Road, Vs. Dum Dum – 700 028. Pan: Alcps 9290 B (Appellant) (Respondent) Assessment Year: 2014-15 Acit, Cir-49(1), Kolkata Shri Ratan Kumar Saha Vs. 299, Gorakshabasi Road, Dum Dum – 700 028. Pan: Alcps 9290 B (Appellant) (Respondent) Present For: Appellant By : Shri Amit Agarwal, Advocate Respondent By : Smt. Ranu Biswas, Acit, Dr Date Of Hearing : 21.04.2022 Date Of Pronouncement : 06.07.2022 O R D E R Per Sonjoy Sarma, Jm: This Is An Appeal Filed By The Assessee Pertaining To A.Y. 2014-15 Is Directed Against The Order Of Ld. Cit(A) Vide Order Dated 08.11.2019 Which Is Arising Out Of The Assessment Order Framed U/S 143(3) Of The Income-Tax, 1961 Dated 30.12.2016. Consequent To That Another Cross Appeal Is Also Filed By The Revenue Being Ita No. 154/Kol/2020 Against The Same Order Passed By The Ld. Cit(A). Grounds Of Appeal Raised By The Assessee As Well As Revenue Are Enumerated As Under: Assessee’S Ground: “I. For That On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Was Grossly Unjustified In Not Deleting The Addition Of Rs. 13,69,590/- Under The Head A.Y. 2014-15

section 50C of the IT Act. However, the assessee had not disclosed any such information in his return. A.Y. 2014-15 3. During the course of hearing, the assessee accepted the transaction as a case of transfer of property on relinquishment of assets or extinguishment of right to claim as the asset is an agricultural land the gain

A.C.I.T.,CIRCLE-49(1), KOLKATA vs. SHRI RATAN KUMAR SAHA, KOLKATA

Bench: Shri Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2014-15 Shri Ratan Kumar Saha Acit, Cir-49(1&2), Kolkata 299, Gorakshabasi Road, Vs. Dum Dum – 700 028. Pan: Alcps 9290 B (Appellant) (Respondent) Assessment Year: 2014-15 Acit, Cir-49(1), Kolkata Shri Ratan Kumar Saha Vs. 299, Gorakshabasi Road, Dum Dum – 700 028. Pan: Alcps 9290 B (Appellant) (Respondent) Present For: Appellant By : Shri Amit Agarwal, Advocate Respondent By : Smt. Ranu Biswas, Acit, Dr Date Of Hearing : 21.04.2022 Date Of Pronouncement : 06.07.2022 O R D E R Per Sonjoy Sarma, Jm: This Is An Appeal Filed By The Assessee Pertaining To A.Y. 2014-15 Is Directed Against The Order Of Ld. Cit(A) Vide Order Dated 08.11.2019 Which Is Arising Out Of The Assessment Order Framed U/S 143(3) Of The Income-Tax, 1961 Dated 30.12.2016. Consequent To That Another Cross Appeal Is Also Filed By The Revenue Being Ita No. 154/Kol/2020 Against The Same Order Passed By The Ld. Cit(A). Grounds Of Appeal Raised By The Assessee As Well As Revenue Are Enumerated As Under: Assessee’S Ground: “I. For That On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Was Grossly Unjustified In Not Deleting The Addition Of Rs. 13,69,590/- Under The Head A.Y. 2014-15

section 50C of the IT Act. However, the assessee had not disclosed any such information in his return. A.Y. 2014-15 3. During the course of hearing, the assessee accepted the transaction as a case of transfer of property on relinquishment of assets or extinguishment of right to claim as the asset is an agricultural land the gain

NEZONE TUBES LIMITED,KOLKATA vs. DCIT, CIRCLE 1(1), KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

Property & Investment Private Limited is in the nature of loan which was taken for business on various dates and the same have been made through proper banking channels. Further, it is also stated by the appellant that the said loan was taken for very short duration and hence the same was also repaid in the next financial year

NEZONE TUBES LIMITED,KOLKATA vs. DCIT, CIRCLE 1(1), KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

Property & Investment Private Limited is in the nature of loan which was taken for business on various dates and the same have been made through proper banking channels. Further, it is also stated by the appellant that the said loan was taken for very short duration and hence the same was also repaid in the next financial year

ACIT, CIRCLE-4(1), KOLKATA, KOLKATA vs. M/S. GOODRICKE GROUP LTD., KOLKATA

In the result, appeal of the revenue is dismissed

Bench: Shri Aby T Varkey , Jm &

House P-7, Chowringhee Square 14, Gurusaday Road, 8th Floor, Kolkata – 700 069 Kolkata – 700 019 PAN/GIR No.AABCG1614Q (Appellant) .. (Respondent) Revenue by Shri Sankar Halder Assessee by Shri Tanmay Dutta Date of Hearing 04/04/2019 Date of Pronouncement 26/04/2019 आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in ITA No.895/Kol/2017 for A.Y.2008-09 arises out of the order

ACIT, CIRCLE-4(1), KOLKATA, KOLKATA vs. M/S. GOODRICK GROUP LTD., KOLKATA

Bench: Shri S.S.Godara & Dr. A.L. Saini

House, 4th Floor, P-7, Chowrnghee Square, 8th Floor, 31, N.S. Road, Kolkata-700 Kolkata-69 001 [PAN No.AABCG 1614 Q] .. अपीलाथ" /Appellant ""यथ"/Respondent None आवेदक क" ओर से/By Appellant Shri Saurabh Kumar, Addl. CIT-Sr-DR राज"व क" ओर से/By Respondent 12-07-2018 सुनवाई क" तार"ख/Date of Hearing 17-08-2018 घोषणा

ACIT, CIRCLE-4(1), KOLKATA, KOLKATA vs. M/S. GOODRICK GROUP LTD., KOLKATA

Bench: Shri S.S.Godara & Dr. A.L. Saini

House, 4th Floor, P-7, Chowrnghee Square, 8th Floor, 31, N.S. Road, Kolkata-700 Kolkata-69 001 [PAN No.AABCG 1614 Q] .. अपीलाथ" /Appellant ""यथ"/Respondent None आवेदक क" ओर से/By Appellant Shri Saurabh Kumar, Addl. CIT-Sr-DR राज"व क" ओर से/By Respondent 12-07-2018 सुनवाई क" तार"ख/Date of Hearing 17-08-2018 घोषणा

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

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 195 of the Act for issuing NIL tax withholding Certificate. This application was rejected by the Assessing Officer as well as by the learned CIT(A). It was in these circumstances that the learned Delhi Bench of the Tribunal upheld the claim of the Revenue that it was for the Assessing Officer to determine what portion of the payments