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295 results for “house property”+ Section 45(4)clear

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Key Topics

Section 143(3)101Section 26358Addition to Income57Section 14839Deduction36Section 14734Disallowance34Section 14A28Section 143(2)22

D.C.I.T.,CIRCLE-6(1), KOLKATA vs. SHRI SAROJ KUMAR PODDAR, KOLKATA

In the result, the appeal of the Revenue is dismissed as not maintainable

ITA 2406/KOL/2019[2014-15]Status: DisposedITAT Kolkata29 Jun 2021AY 2014-15

Bench: Shri J. Sudhakar Reddy, Hon’Ble & Shri Aby T. Varkey, Hon’Ble]

Section 250

Section 56(2)(vii) of the that the department has conceded the ground of taxability under Section 56(2)(vii) of the that the department has conceded the ground of taxability under Section 56(2)(vii) of the Act. 10.4. The ld. CIT D/R further submitted that the power

D.C.I.T CIR - 6,KOLKATA., KOLKATA vs. M/S TURNER MORRISON LTD., KOLKATA

In the result, the appeal of the Revenue as well as assessee both are partly allowed as indicated above

ITA 297/KOL/2013[2009-10]Status: DisposedITAT Kolkata12 Sept 2018AY 2009-10

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

Showing 1–20 of 295 · Page 1 of 15

...
Section 80I22
Section 25021
House Property18

section 24 (a) of rebate/ deduction of 30% is to be allowed from House Property Income”. 5. The issue relating to claim of the assessee for deduction on account of business expenses under various heads was decided by the ld. CIT(Appeal) vide paragraphs no. 13 to 18 of his impugned order, which read as under:- “13. The appellant

VIKASH SOLVEXTRACTS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-5, KOLKATA, KOLKATA

In the result, ground Nos

ITA 1928/KOL/2014[2009-2010]Status: DisposedITAT Kolkata20 Dec 2017AY 2009-2010

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

Section 143(3)Section 263Section 28Section 45(2)

house property of Rs. 13,52,923/-, business income of Rs. 4,04,195/- and long term capital gains of Rs.1,14,26,980/- (after deduction of Rs. 4,50,00,000/- for capital gain bonds purchase). We note that the assessee was getting rental income from the flats which he acquired from the Developer as per the Development Agreement

VIKASH SOLVEXTRACTS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-5, KOLKATA, KOLKATA

In the result, ground Nos

ITA 1927/KOL/2014[2008-2009]Status: DisposedITAT Kolkata20 Dec 2017AY 2008-2009

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

Section 143(3)Section 263Section 28Section 45(2)

house property of Rs. 13,52,923/-, business income of Rs. 4,04,195/- and long term capital gains of Rs.1,14,26,980/- (after deduction of Rs. 4,50,00,000/- for capital gain bonds purchase). We note that the assessee was getting rental income from the flats which he acquired from the Developer as per the Development Agreement

VIKASH SOLVEXTRACTS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-5, KOLKATA, KOLKATA

In the result, ground Nos

ITA 1929/KOL/2014[2010-2011]Status: DisposedITAT Kolkata20 Dec 2017AY 2010-2011

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

Section 143(3)Section 263Section 28Section 45(2)

house property of Rs. 13,52,923/-, business income of Rs. 4,04,195/- and long term capital gains of Rs.1,14,26,980/- (after deduction of Rs. 4,50,00,000/- for capital gain bonds purchase). We note that the assessee was getting rental income from the flats which he acquired from the Developer as per the Development Agreement

VIKASH SOLVEXTRACTS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-5, KOLKATA, KOLKATA

In the result, ground Nos

ITA 1925/KOL/2014[2006-2007]Status: DisposedITAT Kolkata20 Dec 2017AY 2006-2007

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

Section 143(3)Section 263Section 28Section 45(2)

house property of Rs. 13,52,923/-, business income of Rs. 4,04,195/- and long term capital gains of Rs.1,14,26,980/- (after deduction of Rs. 4,50,00,000/- for capital gain bonds purchase). We note that the assessee was getting rental income from the flats which he acquired from the Developer as per the Development Agreement

VIKASH SOLVEXTRACTS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-5, KOLKATA, KOLKATA

In the result, ground Nos

ITA 1926/KOL/2014[2007-2008]Status: DisposedITAT Kolkata20 Dec 2017AY 2007-2008

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

Section 143(3)Section 263Section 28Section 45(2)

house property of Rs. 13,52,923/-, business income of Rs. 4,04,195/- and long term capital gains of Rs.1,14,26,980/- (after deduction of Rs. 4,50,00,000/- for capital gain bonds purchase). We note that the assessee was getting rental income from the flats which he acquired from the Developer as per the Development Agreement

ITO, WD-1(4), KOLKATA, KOLKATA vs. M/S COMMAND CONSTRUCTIONS PVT. LTD., KOLKATA

In the result, the appeal by the Revenue is dismissed”

ITA 571/KOL/2015[2006-2007]Status: DisposedITAT Kolkata16 Oct 2018AY 2006-2007

Bench: Hon’Ble Shri A T Varkey, Jm & Shri M.Balaganesh, Am] I.T.A No. 571/Kol/2015 Assessment Year : 2006-07 Ito, Ward-1(4), Kolkata -Vs- M/S Command Constructions Private Ltd. [Pan: Aaccc5075A ] (Appellant) (Respondent)

For Appellant: Shri Md.Usman, CIT DRFor Respondent: Shri J. P. Khaitan, Sr. Counsel
Section 143(1)Section 147Section 148Section 45(3)

properties. The said firm subsequently obtained such loan/credit facilities to the extent ofRs.250 crores. 3.3. The said three companies transferred the said land to the said firm on January 9, 2006 at cost and such cost was the amount recorded in the books of account of the said firm for the year ended March 31, 2006 as the value

ITO, WD-1(4), KOLKATA, KOLKATA vs. M/S ORCHID GRIHA NIRMAN PRIVATE LTD., KOLKATA

In the result, the appeal by the Revenue is dismissed”

ITA 569/KOL/2015[2006-2007]Status: DisposedITAT Kolkata26 Sept 2018AY 2006-2007

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S. Viswanethra Ravi, Jm] I.T.A No. 569/Kol/2015 Assessment Year : 2006-07 Ito, Ward-1(4), Kolkata -Vs- M/S Orchid Griha Nirman Pvt. Ltd. [Pan: Aaaco 7148 L ] (Appellant) (Respondent)

For Appellant: Shri Goulean Hangshing, CIT DRFor Respondent: Shri J. P. Khaitan, Sr. Counsel
Section 143(1)Section 147Section 148Section 45(3)

properties. The said firm subsequently obtained such loan/credit facilities to the extent ofRs.250 crores. 3.3. The said three companies transferred the said land to the said firm on January 9, 2006 at cost and such cost was the amount recorded in the books of account of the said firm for the year ended March 31, 2006 as the value

ITO, WD-1(4), KOLKATA, KOLKATA vs. M/S BLUE HEAVEN GRIHA NIRMAN PVT. LTD., KOLKATA

In the result, the appeal by the Revenue is dismissed”

ITA 570/KOL/2015[2006-2007]Status: DisposedITAT Kolkata01 Aug 2018AY 2006-2007

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 570/Kol/2015 Assessment Year : 2006-07 Ito, Ward-1(4), Kolkata -Vs- M/S Blue Heaven Griha Nirman Pvt. Ltd. [Pan: Aaccb 3287 F ] (Appellant) (Respondent)

For Appellant: Shri Goulean Hangshing, CIT DRFor Respondent: Shri J. P. Khaitan, Sr. Counsel
Section 143(1)Section 147Section 148Section 45(3)

properties. The said firm subsequently obtained such loan/credit facilities to the extent ofRs.250 crores. 3.3. The said three companies transferred the said land to the said firm on January 9, 2006 at cost and such cost was the amount recorded in the books of account of the said firm for the year ended March 31, 2006 as the value

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

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

ITA 400/KOL/2016[2011-2012]Status: DisposedITAT Kolkata31 Jul 2018AY 2011-2012

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)

For Appellant: Shri Subash Agarwal, AdvocateFor Respondent: Shri S. Dasgupta, Addl. CIT(DR)
Section 143(3)Section 54

45. All that the section looks at is the transfer of a capital asset held as understood under section 2(14) of the Act and under section 2(47) of the Act. According to us, the AO failed to appreciate that the assessee has acquired a legal right in the capital asset in terms of Section

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

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

ITA 514/KOL/2016[2011-2012]Status: DisposedITAT Kolkata31 Jul 2018AY 2011-2012

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)

For Appellant: Shri Subash Agarwal, AdvocateFor Respondent: Shri S. Dasgupta, Addl. CIT(DR)
Section 143(3)Section 54

45. All that the section looks at is the transfer of a capital asset held as understood under section 2(14) of the Act and under section 2(47) of the Act. According to us, the AO failed to appreciate that the assessee has acquired a legal right in the capital asset in terms of Section

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

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

ITA 1281/KOL/2015[2010-2011]Status: DisposedITAT Kolkata23 May 2018AY 2010-2011

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

For Appellant: Shri Miraj D.Shah, ARFor Respondent: Shri Saurabh Kumar, Addl. CIT, Sr.Dr
Section 143(3)Section 80I

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

ACIT, CIRCLE-32, KOLKATA, KOLKATA vs. MRS. ISHITA MOHATTA, KOLKATA

In the result the Cross Objection, No

ITA 788/KOL/2017[2013-14]Status: DisposedITAT Kolkata28 Nov 2018AY 2013-14

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am Acit, Cir-32, Kolkata Vs. Mrs. Ishita Mohatta 10B, Middleton Row, 3Rd Floor, Kolkata – 24, Park Street, Magma House, 9Th Floor, Kolkata – 700 071. 700 016. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Ajfpk 3943 P (अपीलाथ" /Assessee) (""यथ" / Respondent) .. & Co No.45/Kol/2018 (Assessment Year: 2013-14) Vs. Acit, Cir-32, Kolkata Mrs. Ishita Mohatta 24, Park Street, Magma House, 9Th 10B, Middleton Row, 3Rd Floor, Floor, Kolkata – 700 016. Kolkata – 700 071. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Ajfpk 3943 P (अपीलाथ" /Assessee) (""यथ" / Respondent) ..

For Appellant: Shri Kapil Mondal, JCIT, Sr. DRFor Respondent: Shri S. Jhajharia, AR
Section 139(1)Section 143(3)Section 54F

property at Mumbai was acquired on 19.11.2012, which is within one year before the date of sale of shares of M/s Benzo Chem Industries Private Ltd, on 23.03.2013, therefore the assessee has satisfied the conditions laid down in proviso (a)(i) to sub- section (1) of section 54F of the Act, which is given below for ready reference: “Section

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

ITA 693/KOL/2016[2011-2012]Status: DisposedITAT Kolkata21 Apr 2017AY 2011-2012

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

Section 143(2)Section 80I

45,674/- for the work done and derived net profit of Rs.43,85,379/-. In the audit report as well as in the return of income the assessee JV claimed the same as deduction u/s. 80IA(4) of the Act. The AO further found that the assessee raised RA bills in accordance with the measurement and held that

SMT SARBANI GUPTA,KOLKATA vs. ACIT, CIR-49, KOLKATA, KOLKATA

In the result, the appeal of both the assessee’s are partly allowed

ITA 720/KOL/2015[2009-2010]Status: DisposedITAT Kolkata21 Aug 2018AY 2009-2010

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

Section 54E

4 of 1882)” 14. On careful perusal of Section 2(47)(v) of the Act, it is apparent that an agreement referred to in Section 53A of the Transfer of Property Act, 1882 is roped into Section 2(47)(v) of the Act. It is therefore pertinent to refer to Section 53A of the Transfer of Property

SMT SAKI GUPTA,KOLKATA vs. ACIT, CIR-49, KOLKATA, KOLKATA

In the result, the appeal of both the assessee’s are partly allowed

ITA 719/KOL/2015[2009-2010]Status: DisposedITAT Kolkata21 Aug 2018AY 2009-2010

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

Section 54E

4 of 1882)” 14. On careful perusal of Section 2(47)(v) of the Act, it is apparent that an agreement referred to in Section 53A of the Transfer of Property Act, 1882 is roped into Section 2(47)(v) of the Act. It is therefore pertinent to refer to Section 53A of the Transfer of Property

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

ITA 813/KOL/2013[2009-10]Status: DisposedITAT Kolkata29 Feb 2016AY 2009-10

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

For Appellant: Shri Sidharth Jhajahria, CAFor Respondent: Shri: Niraj Kumar, CIT-Dr
Section 143(3)Section 80I

4. For that in view of the facts and circumstances the AO is wholly unjustified in disallowing Rs.7,42,03,845/- being 50% of the interest paid on estimate and on suspicions and surmises and the CIT(A) is wholly unjustified to confirm the disallowance to the extent of Rs.2,18,70,815/- and in view of the facts

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

ITA 665/KOL/2013[2008-2009]Status: DisposedITAT Kolkata29 Feb 2016AY 2008-2009

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

For Appellant: Shri Sidharth Jhajahria, CAFor Respondent: Shri: Niraj Kumar, CIT-Dr
Section 143(3)Section 80I

4. For that in view of the facts and circumstances the AO is wholly unjustified in disallowing Rs.7,42,03,845/- being 50% of the interest paid on estimate and on suspicions and surmises and the CIT(A) is wholly unjustified to confirm the disallowance to the extent of Rs.2,18,70,815/- and in view of the facts

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

ITA 666/KOL/2013[2009-10]Status: DisposedITAT Kolkata29 Feb 2016AY 2009-10

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

For Appellant: Shri Sidharth Jhajahria, CAFor Respondent: Shri: Niraj Kumar, CIT-Dr
Section 143(3)Section 80I

4. For that in view of the facts and circumstances the AO is wholly unjustified in disallowing Rs.7,42,03,845/- being 50% of the interest paid on estimate and on suspicions and surmises and the CIT(A) is wholly unjustified to confirm the disallowance to the extent of Rs.2,18,70,815/- and in view of the facts