DCIT, CIR-12(1), KOLKATA, KOLKATA vs. M/S BENGAL AMBUJA HOUSING DEVELOPMENT LTD., KOLKATA

Appeal is partly allowed in above terms

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2012-13

Housing Development Ltd. Page 6 must be adopted.” Thereby, we will follow the decision in Neha Builders Pvt.Ltd. (supra). 7.1 The following sub-section (5) has been inserted after sub- section (4) of section 23 by the Finance Act, 2017, w.e.f. 01.04.2018: “(5) Where the property

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

FALCON VINCON PRIVATE LIMITED ,BENGALURU vs. PR.CIT-3, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am Falcon Vincon Private Limited Vs. Pr. Cit-3, Kolkata 102, Tower No.12, Shriram Sameeksha, New Gangamma Gudi Police Station Road, Naidu Layout, Bengaluru "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcf3203C (अपीलाथ" /Appellant) (""यथ" / Respondent) ..

4 of the Act is the charging Section as per which the total income of an assessee, subject to statutory exemptions, is chargeable to tax. Section 14 of the Act enumerates five heads of income for the purpose of charge of income tax and computation of total income. These are: Salaries, Income from house property

MUKESH KUMAR AGARWAL,HOWRAH vs. PCIT-21, KOLKATA, KOLKATA

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

Bench: Shri N.V. Vasudevan, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.857/Kol/2017 (िनधा"रणवष" / Assessment Year: 2012-13 Mukesh Kr. Agarwal Vs. P.C.I.T – 21, Kolkata 169, A.J.C. Bose Road, 116/1, Girish Ghosh Road, Bamboo Villa, Kolkata – Liluah, Howrah-711204. 700014. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Adapa 7519D (Appellant) .. (Respondent) Appellantby :Shri A. K. Tibrewal, Fca Respondent By :Md. Usman, Cit, Dr सुनवाईकीतारीख/ Date Of Hearing : 17/08/2017 घोषणाकीतारीख/Date Of Pronouncement : 18/10/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2012-13, Is Directed Against An Order Passed By The Ld. Commissioner Of Income Tax-21, Kolkata, Under Section 263 Of The Income Tax Act, 1961, ( Hereinafter Referred To As The ‘Act’), Dated 03.03.2017. 2. The Assessee Has Raised The Following Grounds Of Appeal: “1. That The Order Passed By Ld. Principal Commissioner Of Lncome Tax - 21, Kolkata Under Section 263 Of The Lncome Tax Act, 1961 Setting Aside The Assessment Order Dated 27Th March, 2015 Passed By The Lncome Tax Officer Under Section 143(3) Of The Lncome Tax Act, 1961 Is Without Jurisdiction, Against Law & Facts Of The Case & Therefore Illegal & Is Liable To Be Quashed.

house is to be taken to be Nil as provided in section 23 (4)(a) read with section 23(2) of the Act.With regard to the ALV of the property

M/S ADHUNIK INFRASTRUCTURE PVT. LTD.,KOLKATA vs. JCIT, RG-10, KOLKATA, KOLKATA

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

Bench: Hon’Ble Shri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No.1281 /Kol/2015 Assessment Year : 2010-11

housing or other activities being an integral part of the highway project; The issue has been examined by the Board. It has been decided that widening of an existing road by constructing additional lanes as a part of a highway project by an undertaking would be regarded as a new infrastructure facility for the purpose of section 80-IA(4

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)

property. Hence, the assessee is eligible for deduction Sec.54 of the Act. But in the present case, whether the assessee has invested the LTCG arising out of sale of these apartments in the new residential house or not, has not been examined by the AO, these need examination, factually. Hence, for factual examination, we set aside this issue

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)

property. Hence, the assessee is eligible for deduction Sec.54 of the Act. But in the present case, whether the assessee has invested the LTCG arising out of sale of these apartments in the new residential house or not, has not been examined by the AO, these need examination, factually. Hence, for factual examination, we set aside this issue

PADMALOCHANAN RADHAKRISHNAN,KOLKATA vs. A.C.I.T., CIRCLE - 62, KOLKATA, KOLKATA

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

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. No. 130/Kol/2023 Assessment Year: 2014-2015

housing loan at Rs.8,17,358/- against the salary income. The said interest includes the interest paid on one property used for self-occupied purpose and other two properties given on rent. The ld. Assessing Officer firstly observed that provision of section 71(4

BIP DEVELOPERS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-2(1), KOLKATA, KOLKATA

In the result, all the appeals of the assessee as well as Revenue are partly allowed as indicated above

Bench: Shri P.M. Jagtap & Shri Satbeer Singh Godara

house property” in accordance with section 24 and also allow the business expenses claimed by the assessee under various heads after verifying the same in the light of the decision of the Hon’ble Calcutta High Court in the case of Ganga Properties Limited (supra). Grounds No. 2, 3 & 4

SUGAM REALTY LTD,KOLKATA vs. DCIT, KOLKATA

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

Bench: Sri Sanjay Garg & Dr. Manish Borad

house property’. Ld. AO noticed that there are certain units which remained vacant throughout the year but the assessee failed to declare notional rent on such vacant units. Ld. AO thereafter, mentioned the provisions of Section 23 of the Act and by applying Section 23(4

SIMPLEX KRITA JV,KOLKATA vs. ITO, WARD-33(1), , KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Sonjoy Sarma, Hon’Ble & Shri Girish Agrawal, Hon’Bleassessment Year: 2016-17 Simplex Krita Jv Ito, Ward-33(1), Kolkata Simplex House, 27, Shakespeare Vs Sarani, Kolkata-700017. Pan: Aalas 5699 F (Appellant) (Respondent) Present For: Appellant By : Shri S.K. Tulsiyan, Advocate Respondent By : Smt. Ranu Biswas, Addl. Cit, Dr Date Of Hearing : 08.05.2023 Date Of Pronouncement : 30.05.2023 O R D E R Per Sonjoy Sarma, Jm: This Appeal In Ita No. 181/Kol/2023 For A.Y. 2016-17 Is Preferred By The Assessee Against The Order Of The Commissioner Of Income Tax, National Faceless Appeal Centre, Delhi (Nfac) [Ld. Cit In Short], Dated 25.01.2023. The Assessee Has Raised The Following Grounds Of Appeal:

House, 27, Shakespeare vs Sarani, Kolkata-700017. PAN: AALAS 5699 F (Appellant) (Respondent) Present for: Appellant by : Shri S.K. Tulsiyan, Advocate Respondent by : Smt. Ranu Biswas, Addl. CIT, DR Date of Hearing : 08.05.2023 Date of Pronouncement : 30.05.2023 O R D E R PER SONJOY SARMA, JM: This appeal in ITA No. 181/Kol/2023 for A.Y. 2016-17 is preferred

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

In the result, the revenue’s appeal for A

House Property”. I find that the fact that the appellant had let out the properties to M/s. KCT & Bros (Coal Sales) Limited more than 3 to 4 decades ago is not in dispute. This fact has been admitted by the AO in his remand report as well. I therefore find that the bonafide of the tenancies of M/s. KCT & Bros

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

In the result, the revenue’s appeal for A

House Property”. I find that the fact that the appellant had let out the properties to M/s. KCT & Bros (Coal Sales) Limited more than 3 to 4 decades ago is not in dispute. This fact has been admitted by the AO in his remand report as well. I therefore find that the bonafide of the tenancies of M/s. KCT & Bros

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

In the result, the revenue’s appeal for A

House Property”. I find that the fact that the appellant had let out the properties to M/s. KCT & Bros (Coal Sales) Limited more than 3 to 4 decades ago is not in dispute. This fact has been admitted by the AO in his remand report as well. I therefore find that the bonafide of the tenancies of M/s. KCT & Bros

E M C PROJECTS PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 7(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 1063/Kol/2024 Assessment Year: 2014-2015 Emc Projects Pvt. Limited,………………..………Appellant 2, Robinson Street, Shakespeare Sarani, Kolkata-700017 [Pan:Aaace7218F] -Vs.- Deputy Commissioner Of Income Tax,………Respondent Circle-7(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri S.K. Tulsiyan, Advocate, Appeared On Behalf Of The Assessee Shri Jitendra Kantilal Surti, Jcit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : August 12, 2024 Date Of Pronouncing The Order : August 20, 2024 O R D E R

4. The ld. CIT perused the assessment record and formed an opinion that alleged house property income ought to have been 2 EMC Projects Pvt. Limited assessed as a business income and he took action under section

ACIT, CIR-33, KOLKATA, KOLKATA vs. M/S SIMPLEX SOMDATT BUILDERS JV, KOLKATA

In the result, appeal of Revenue stands dismissed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2012-13 Acit, Circle-33, M/S Simplex Somdatt बनाम 10B, Middleton Row, Builders, Simplex House, / 3Rd Floor, Kolkata-71 27, Shkespeare Sarani, V/S. Kokata-17 [Pan No.Aagas 1619 G] .. अपीलाथ" /Appellant ""यथ" /Respondent Shri Saurabh Kumar, Addl. Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri Ravi Tulsiyan, Fca ""यथ" क" ओर से/By Respondent 24-10-2017 सुनवाई क" तार"ख/Date Of Hearing 06-12-2017 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-9, Kolkata Dated 29.01.2016. Assessment Was Framed By Dcit, Circle-33 Kolkata U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 23.12.2014 For Assessment Year 2012-13. The Grounds Raised By The Revenue Per Its Appeal Are As Under:- “1) In The Fact & Circumstance Of The Case The Ld. Cit(A)-9, Kolkata Has Erred In Allowing The Deduction Of Rs.82,56,250/- U/S 80Ia 2) In The Facts & Circumstances Of The Case The Ld. Cit(A)-9,Kolkata Has Erred In Treating The Assessee As Developer Not Contractor. 3) The Ld. Cit(A)-9, Kolkata Has Erred In Not Adhering To The Explanation To Section 80Ia (Introduced By The Finance Act, 2007). 4) The Depart Craves Leave To Add, Alter Or Amend An Ground Of Grounds Before Or At The Time Of Hearing.”

House, / 3rd Floor, Kolkata-71 27, Shkespeare Sarani, V/s. Kokata-17 [PAN No.AAGAS 1619 G] .. अपीलाथ" /Appellant ""यथ" /Respondent Shri Saurabh Kumar, Addl. CIT-DR अपीलाथ" क" ओर से/By Appellant Shri Ravi Tulsiyan, FCA ""यथ" क" ओर से/By Respondent 24-10-2017 सुनवाई क" तार"ख/Date of Hearing 06-12-2017 घोषणा क" तार"ख/Date

ACIT, CIR-33, KOLKATA, KOLKATA vs. M/S SIMPLEX MEINHARDT JOINT VENTURE, KOLKATA

In the result, both the above appeals of revenue in ITA Nos

Bench: Shri S.S. Viswanethra Ravi & Shri Dr. Arjun Lal Saini

House 27 Shakespeare Sarani Kolkata-700017. Appearances by: Shri Prabal Choudhury, JCIT, ld. Sr. DR for the revenue Shri Ravi Tulsiyan, FCA, ld.AR for the assessee Date of hearing: 14-03-2017 Date of pronouncement: 21-04-2017 Shri S.S. Viswanethra Ravi , JM: These two appeals by the Revenue are against the separate orders dt: 29-01-2016 passed

ACIT, CIR-33, KOLKATA, KOLKATA vs. M/S SIMPLEX SOMDATT BUILDERS JV, KOLKATA

In the result, the appeal filed by the revenue is dismissed

Bench: Shri S.S. Viswanethra Ravi & Shri Dr. Arjun Lal Saini

House 27 Shakespeare Sarani Kolkata-700017. Appearances by: Shri Prabal Choudhury, JCIT, ld. Sr. DR for the revenue Shri Ravi Tulsiyan, FCA, ld.AR for the assessee Date of hearing: 14-03-2017 Date of pronouncement: 21-04-2017 Shri S.S. Viswanethra Ravi , JM: This appeal by the Revenue is against order dt: 29-01-2016 passed by the Commissioner