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

ACIT, CIRCLE-36, KOLKATA, KOLKATA vs. SMT. RESHMI P LOYALKA, KOLKATA

In the result, both the Cross Objection of the assessee and the appeal of the revenue are dismissed

Bench: Hon’Ble Shri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No.1763 /Kol/2016 Assessment Year : 2012-13

property, deed of plots of land, occupation certificate of constructed residential houses and copy of receipt of cess issued by District Town Planner, Cum- Member Secretary, Composition Committee, Gurgaon. The assessee also produced copy of bills raised by the supplier of building construction material, copy of bills raised by interior decorator, copy of acknowledgement of cheque/ draft receipt

DCIT, CIR-1, SILIGURI, SILIGURI vs. M/S GANGADHAR DEVELOPERS PVT. LTD., SILIGURI

In the result, Revenue’s appeal is dismissed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

46A of Income Tax Rules, 1962. Ld. DR further stated that Ld CIT(A) has not applied his mind to check whether the interest expenses has nexuses with the business of the assessee. He vehemently supported the order of AO and relied on the grounds of appeal raised in the memo of appeal. On the other hand

ITO, WD-30(4), KOLKATA, KOLKATA vs. M/S S. L. D. CORPORATION, KOLKATA

Accordingly, Ground No.5 raised by the Revenue is dismissed

house property” notwithstanding the nature of property being stock in trade or the object of the assessee firm to exploit the property commercially as held recently by the Hon’ble Supreme Court in the case of Raj Dadarkar & Associates. Therefore, M/s. S. L. D Corporation I.T.A No.1220/Kol/2014 Assessment Year: 2009-10 we set aside the impugned order

RAMAUTAR SARAF (HUF),KOLKATA vs. ITO, WARD 59(3),, KOLKATA

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

46A of the IT Rules, 1962. The Id. CIT (A) noted that the assessee has not constructed a residential house within a period of three years after the date of transfer. The Id. CIT (A) noted the date of transfer as on 15.06.2016, and the statutory period for consideration of the house expired

ITO, WARD-31(2), KOLKATA, KOLKATA vs. SMT. NAMITA CHOWDHURY, KOLKATA

In the result the appeal by the revenue is dismissed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ] Assessment Year : 2009-10

house and the assessee shall be entitled to the benefit of section 54F of the Act on all the four flats. Similar was the ruling of the Hon’ble Madras High Court in the case of V.R.Karpagam (supra). The CIT(A) following the decisions cited by the ld. Counsel for the assessee held that no capital gain was assessable

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]

house is on rent to EIH Limited and if a property is actually let out, then the expectation of its letting out becomes an actual reality and such property cannot be expected to let from year to year at any figure higher than the rent which is being produced actually by the property in question. Hence, even

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]

house is on rent to EIH Limited and if a property is actually let out, then the expectation of its letting out becomes an actual reality and such property cannot be expected to let from year to year at any figure higher than the rent which is being produced actually by the property in question. Hence, even

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]

house is on rent to EIH Limited and if a property is actually let out, then the expectation of its letting out becomes an actual reality and such property cannot be expected to let from year to year at any figure higher than the rent which is being produced actually by the property in question. Hence, even

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]

house is on rent to EIH Limited and if a property is actually let out, then the expectation of its letting out becomes an actual reality and such property cannot be expected to let from year to year at any figure higher than the rent which is being produced actually by the property in question. Hence, even

S.K.DEVELOPMENT PVT. LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-5(1), KOLKATA

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

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2013-14 S. K. Development Private Deputycommissioner Of Limited. Income-Tax,Circle- 5(1), Vs. 23A, N. S. Road, 10Th Floor, Kolkata. Kolkata-700001. (Pan: Aadcs7398K) (Appellant) (Respondent)

house property income. 3 S.K. Development Private Limited AY: 2013-14 For the other component of Rs.3,65,700/-, Ld. Counsel referred to the details of its dealings in immovable properties during the year for which brokerage expenses were incurred. The details are tabulated as under: Brokerage charges against sale of space 01­Apr­2012 to 31­Mar­2013

ORIENTAL CHARITABLE FOUNDATION,KOLKATA vs. CIT(EXEMPTIONS), KOLKATA

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

Bench: Shri Rajpal Yadav & Shri Rakesh Mishraassessment Year: 2017-18

46A, Radha Bazar Lane, Vs Kolkata. Kolkata-700001. (PAN: AAATO0629B) (Appellant) (Respondent) Present for: Appellant by : Shri Siddarth Agrwal, Advocate Respondent by : Shri Subhendu Datta, CIT, DR Date of Hearing : 08.05.2024 Date of Pronouncement : 04.07.2024 O R D E R PER RAKESH MISHRA, ACCOUNTANT MEMBER: This appeal filed by the assessee is against the revision order of the Ld. Commissioner

ORIENT PAPER & INDUSTRIES LIMITED,KOLKATA vs. J.C.I.T RANGE - 6,KOLKATA, KOLKATA

In the result, the appeal in ITA 430/Kol/2013 of assessee is partly allowed and appeal in ITA 648/Kol/2013 of the revenue is dismissed

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

house property ‘for AYs 2004-05 and 2005-06. The computation of income for the A.Ys. 2004-05 & 2005-06 was filed before the AO, which he already accepted. That being the position, the consistency has to be followed. There is not application of res judicata and principle of consistency has to be followed, even that unless there is change

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(1), KOLKATA, KOLKATA vs. RITMAN COMMERCIAL PVT. LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

46A of the Income Tax Rules, 1962 is a mechanism to allow an appellant to place documents or facts before the ld. CIT(A), which could not be placed before the ld. AO for certain specified reasons. In case, such facts or documents are proposed to be placed before the ld. CIT(A) then the ld. CIT(A) is supposed

LAKSHMI NARAYAN AGARWAL,KOLKATA vs. INCOME TAX OFFICER -WARD37(3), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri K. Narasimha Chary, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.01/Kol/2014 ("नधा"रण वष" / Assessment Year :2004-2005) Lakshmi Narayan Agarwal, Vs. The Income Tax Officer, “Sparsh”4Th Floor, 35/8, Ward-37(3), Kolkata- Poddopukur Road, Kolkata- 700001 700020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Acvpa 3271 C .. (अपीलाथ" /Appellant) (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri A.K.Tibrewal, Fca राज"व क" ओर से /Revenue By : Subhro Das, Jcit सुनवाई क" तार"ख / Date Of Hearing : 07/10/2016 घोषणा क" तार"ख/Date Of Pronouncement 19/10/2016 आदेश / O R D E R Per Dr.Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee Pertaining To The Assessment Year 2004-2005, Is Directed Against The Order Passed By Ld. Commissioner Of Income Tax (Appeals)-Xxiv, In Appeal No.1219/Cit(A)- Xxiv/Set-Aside/37(3)/12-13, Dated 19.12.2012, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S.147/143(3) Of The Income Tax Act (In Short The ‘Act’), Dated 29.12.2010. 2. Brief Facts Of The Case Qua The Assessee Are That The Assessee’S Income Tax Return For Assessment Year 2004-05 Was Assessed By Ao U/S.143(3) Of The Act. Subsequently, The Ao Detected That The Assessee Invested In A Property & Not Shown The Amount Of Capital Gain Of Rs.13,45,760/-. Therefore, The Ao Presumed That There Was An Excess Claim Of Rs.13,45,760/- U/S.54F Of It Act. Hence, Believing The Reason That Income Chargeable To Tax Escaped Assessment For The Year, The Ao Has Issued Notice U/S.148/147 Of The It Act. The Ao Observed That The Assessee Has Invested In A Property & Thus Claimed The Excess Amount

46A of the I. T. Rules after giving proper opportunity to the A.O. The copy of the Remand Report given to the A/R for rejoinder. The A/R filed rejoinder which is as under:- "In the said Remand Report, the learned assessing officer stated ''that there is no irregularity in the submission of the assessee" based on our submissions and other

DCIT, CIRCLE - 6,, KOLKATA vs. LOKNATH SARAF SECURITIES LTD.,, KOLKATA

In the result, to sum up ITA No

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

house property' is a loss, in respect of the assessment years commencing on 1st day of April, 1995 and the 1st day of April, 1996, such loss shall be first set off under sub- sections (1) and (2) and thereafter the loss referred to in section 71A shall be set off in the relevant assessment year in accordance with

ITO,WARD-9(1), KOLKATA, KOLKATA vs. M/S MID LAND PROJECTS LTD., KOLKATA

In the result, the appeal of the revenue is partly allowed for statistical purposes

Bench: : Shri N.V. Vasudevan & Shri M. Balaganesh

section 50C for the purpose of computing capital gains on sale of the same. In view of the aforesaid facts and findings, we hold that the Learned CIT(A) is right in restricting the capital gains at Rs. 3,56,354/- as against Rs. 45,62,018/- made by the Learned AO. Accordingly, the ground no. 1 raised

ACIT, CIR-29, KOLKATA, KOLKATA vs. SMT SURJIT KAUR UBEROI, KOLKATA

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

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 181/Kol/2016 Assessment Year : 2012-13 Acit, Circle-29, Kolkata -Vs- Smt. Surjit Kaur Uberoi [Pan: Aanup 4301 P] (Appellant) (Respondent) C.O. No. 13/Kol/2016 (Arising Out Of I.T.A No. 181/Kol/2016 ) Assessment Year : 2012-13 Smt. Surjit Kaur Uberoi -Vs- Acit, Circle-29, Kolkata [Pan: Aanup 4301 P] (Appellant) (Respondent)

section 143(3) of the Income Tax Act, 1961 (in short “the Act”) dated 02.02.2015 for the Assessment Year 2012-13. 2 ITA No.181/Kol/2016& C.O.13/Kol/2017 Smt. Surjit Kaur Oberoi A.Yr.2012-13 2. The only issue to be decided in this appeal of the revenue is as to whether the ld CITA was justified in directing