SHELTER PROJECTS LTD.,KOLKATA vs. CIT, (A)-XII, KOLKATA, KOLKATA

In the result, the appeal of assessee is partly allowed

Housing Development Limited and no income accrued or received by the assessee under the agreement dt: 31-03-2009, as such, therefore, the said agreement can not be said to be in the nature of a contract referred to in Section 53A of the Transfer of Property

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)

house property. The CIT(A) vide his order has opined (which is summarized) as under:- "That the conditions of section 54 of the Act were not fulfilled by the assessee. The assessee had never become owner of the property by any express or deemed provisions of the law including section 53A

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)

house property. The CIT(A) vide his order has opined (which is summarized) as under:- "That the conditions of section 54 of the Act were not fulfilled by the assessee. The assessee had never become owner of the property by any express or deemed provisions of the law including section 53A

BOMBAY PLAZA PVT. LTD.,KOLKATA vs. ACIT, CIR-5, KOLKATA, KOLKATA

In the result the appeals of the assessee are allowed

Bench: Hon’Ble Shri P.M.Jagtap, Am & Sri N.V.Vasudevan, Jm ]

53A of the Transfer of property act 1882. Therefore mere occupation ITA. Nos.1641&1203/Kol/2014-Bombay Plaza Pvt.Ltd A.Y.2006-07 & 2007-08 4 of the property for a term of not less than 12 years does not make an assessee owner of the property. According to section 27(iiib) the transaction should be the one referred to in section 269UA(f). Then only

OBEROI INVESTMENTS PVT. LTD.,KOLKATA vs. ACIT CIR-5, KOLKATA, KOLKATA

In the result, the appeal filed by the assessee (Ground No

Bench: Shri A. T Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1204/Kol/2014 (िनधा"रणवष" / Assessment Year: 2007-08 Vs. A.C.I.T, Circle – 5, Kolkata Oberoi Investments Pvt. Ltd. 4, Mangoe Lane, 6Th Floor, Kolkata – 700 001. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aaaco 2859E (Assessee) .. (Respondent) & आयकरअपीलसं./Ita No.1205/Kol/2014 (िनधा"रणवष" / Assessment Year: 2007-08 Oberoi Buildings & Investments Vs. A.C.I.T, Circle – 5, Kolkata Pvt. Ltd. 4, Mangoe Lane, 6Th Floor, Kolkata – 700 001. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aaaco 2860 R (Assessee) .. (Respondent) Assesseeby : Shri A. K. Gupta, Fca Respondent By :Shri Kalyannath, Acit(Dr) सुनवाईकीतारीख/ Date Of Hearing : 07/09/2017 घोषणाकीतारीख/Date Of Pronouncement : 04/10/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Two Appeals Filed By The Assessee(Group Companies` Appeals), Pertaining To Assessment Year 2007-08, In Respect Of M/S Oberoi Investments Pvt. Ltd. Andm/S Oberoi Buildings & Investments Pvt. Ltd., Are Directed Against The Orders Passed By The Commissioner Of Income Tax (Appeals)-Vi, Which Oberoi Investments Pvt. Ltd. & Oberoi Buildings & Investments Pvt. Ltd.

house property'. As per section 27(iiib) of the Act, a person, who acquires any right in or with respect to any building or part thereof by virtue of any transaction which is referred to in clause (f) of section 269UA, is deemed to be the owner of the building.In order to appreciate whether the company could

OBEROI BUILDINGS & INVESTMENTS PVT. LTD.,KOLKATA vs. ACIT, CIR-5, KOLKATA, KOLKATA

In the result, the appeal filed by the assessee (Ground No

Bench: Shri A. T Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1204/Kol/2014 (िनधा"रणवष" / Assessment Year: 2007-08 Vs. A.C.I.T, Circle – 5, Kolkata Oberoi Investments Pvt. Ltd. 4, Mangoe Lane, 6Th Floor, Kolkata – 700 001. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aaaco 2859E (Assessee) .. (Respondent) & आयकरअपीलसं./Ita No.1205/Kol/2014 (िनधा"रणवष" / Assessment Year: 2007-08 Oberoi Buildings & Investments Vs. A.C.I.T, Circle – 5, Kolkata Pvt. Ltd. 4, Mangoe Lane, 6Th Floor, Kolkata – 700 001. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aaaco 2860 R (Assessee) .. (Respondent) Assesseeby : Shri A. K. Gupta, Fca Respondent By :Shri Kalyannath, Acit(Dr) सुनवाईकीतारीख/ Date Of Hearing : 07/09/2017 घोषणाकीतारीख/Date Of Pronouncement : 04/10/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Two Appeals Filed By The Assessee(Group Companies` Appeals), Pertaining To Assessment Year 2007-08, In Respect Of M/S Oberoi Investments Pvt. Ltd. Andm/S Oberoi Buildings & Investments Pvt. Ltd., Are Directed Against The Orders Passed By The Commissioner Of Income Tax (Appeals)-Vi, Which Oberoi Investments Pvt. Ltd. & Oberoi Buildings & Investments Pvt. Ltd.

house property'. As per section 27(iiib) of the Act, a person, who acquires any right in or with respect to any building or part thereof by virtue of any transaction which is referred to in clause (f) of section 269UA, is deemed to be the owner of the building.In order to appreciate whether the company could

MEDICARE TPA SERVICE (I) PVT. LTD., ,KOLKATA vs. PRINCIPAL CIT, KOL - 4, KOLKATA , KOLKATA

In the result, appeal of the assessee is allowed

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi] I.T.A. No. 1045/Kol/2018 Assessment Year: 2013-14 Medicare Tpa Service (I) Pvt. Ltd………………………......…………………………………………Appellant 6B, Bishop Lefroy Road Ground Floor 10, 6B, Paul Mansion Bhowanipore Kolkata – 700 020 [Pan : Aadcm 1682 L] Pr. Commissioner Of Income Tax, Kolkata -4..................................................…..…......Respondent Appearances By: Shri Subash Agarwal, Adv., Appeared On Behalf Of The Assessee. Shri A.K. Nayak, Cit D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : April 22Nd, 2019 Date Of Pronouncing The Order : May 10Th , 2019 O R D E R Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Principal Commissioner Of Income Tax, Kolkata - 4, (Ld. Pr. Cit) Passed U/S. 263 Of The Income Tax Act, 1961, (The ‘Act’), Dt. 27/02/2018, For The Assessment Year 2013-14. 2. At The Outset We Find That There Is A Delay Of 13 Days In Filing Of This Appeal. After Perusing The Petition For Condonation, We Are Convinced That The Assessee Was Prevented By Sufficient Cause From Filing The Appeal On Time. Hence The Delay Is Condoned & The Appeal Is Admitted. 3. The Assessee Is A Company & Is In The Business Of, Health Insurance Claim Processing Etc. It Filed Its Return Of Income On 30/09/2013, Declaring Income Of Rs.4,80,10,710/-. The Assessing Officer Completed Assessment U/S 143(3) Of The Act, Determining The Total Income Of The Assessee At Rs.5,37,81,250/- Under The Normal Provisions & At Rs.2,72,98,018/- As Book Profit U/S 115Jb Of The Act. The Ld. Pr. Cit, Issued A Showcause Notice Dt. 04/2/2017 Proposing Revision Of The Assessment Order Passed U/S 143(3) Of The Act On 04/12/2015, By Invoking His Powers U/S 263 Of The Act,On The Following Points:-

Section 53A of the Act and hence there is no transfer u/s 2(47) of the Act. He argued that as the document in question was an unregistered document, there cannot be any transfer u/s 2(47) of the Act. He further relied on this judgment for the proposition that, the income from capital gain on the transactions has never

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

section 53A of the Transfer of Property Act, 1882 [Para 7]. ■ After reading the Joint Development Agreement, the Supreme Court found that the owner continues to be the owner throughout the agreement at any state purported to transfer rights akin to ownership to the developer. This is exactly the nature of transaction in the case on hand. That apart

DCIT, CIRCLE - 11(1), KOLKATA, KOLKATA vs. M/S. GRAPHITE INDIA LTD., KOLKATA

In the result, considering the discussions made above, the appeal filed by the Revenue is partly allowed and the cross objection filed by the assessee are dismissed

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

house expenses etc. were not considered in the profit and loss account of the power units. Thereafter, ld. AO proceeded to allocate such expenses to the power undertakings on an ad- hoc basis on a formula worked out by him. The ld. CIT(A) was persuaded by the arguments that all expenses considered for allocation here

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

53A of the Transfer of Property Act, 1882 (4 of 1882). “ 4. The AO referred to the question of valuation of the share of the property which the assessee was to receive from the developer to the Department Valuation Officer (DVO) in terms of section 55A of the Act. The DVO in his valuation report gave the following

I.T.O WD - 36(2),KOLKATA, KOLKATA vs. M/S SHREE KRISHNA DEVELOPERS, KOLKATA

Bench: Sh. P.M.Jagtap & Sh. S.S. Viswanethra Ravi[Assessment Year: 2006-07] Vs Ito, M/S. Shree Krishna Developers, Ward-36(2), 78, Bentinck Street, 5Th Floor, Kolkata. Kolkata-700001. Pan-Aaaas9791F (Appellant) (Respondent) [Assessment Year: 2007-08] Vs Ito, Shree Krishna Developers, Ward-36(2), 133, Canning Street, Kolkata. ‘Chopra House’, Kolkata-700001. Pan-Aaaas9791F (Appellant) (Respondent) Appellant By Sh. Shallong Yaden, Addl. Cit Dr Respondent By Sh.D.S.Damle, Fca Date Of Hearing 18.06.2018 Date Of Pronouncement 31.08.2018 Order

Section 53A of the Transfer of Property Act, 1882 speaks as where any person contracts to transfer for consideration of any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer, can be ascertained with reasonable certainty, and the transferee has, in part performance of the contract/taken possession

M/S. MANGILALL ESTATES (P) LTD.,KOLKATA vs. DCIT, CC-1(3), KOLKATA, KOLKATA

Bench: Shri Aby.T Varkey & Shri Waseem Ahmedassessment Year:2012-13

53A of Transfer of Property Act. 3. That the Ld. CIT(A) erred in not appreciating the fact that section 50C is not applicable in the case of appellant as the agreement to sell was entered into prior to introduction of section 50C in statute. 4. That the Ld. CIT(A) erred in not accepting the plea of the appellant

ITO, WARD-36(2), KOLKATA, KOLKATA vs. M/S. SHREE KRISHNA DEVELOPERS, KOLKATA

Section 53A of the Transfer of Property Act, 1882 speaks as where any person contracts to transfer for [Assessment Year: 2008-09] consideration of any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer, can be ascertained with reasonable certainty, and the transferee has, in part performance

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

53A must be registered. Also. Unregistered agreements are explicitly invalid for claiming transfer under section 2(47)(v), and courts have held such documents have no effect in law for transfer of immovable property. In case of CIT v. Balbir Singh Maini, 2017, Hon. Apex Court and in case of Ushaben Jayantilal Sodhan v. ITO, Bombay High Court held that

SHUVRO CHATTARAJ,KOLKATA vs. PCIT , BURDWAN

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

Bench: Shri Rajpal Yadav & Shri Rakesh Mishraassessment Year: 2015-16

section 53A of the Transfer of Property Act. Subsequently the assessee claimed exemption u/s 54EC and 54F on the basis of the fact that date of transfer of the same property as the date of registration, thus claiming and allowing the date of transfer as the date of registration was not in order for availing exemptions u/s. 54EC

D.C.I.T CIR - 6,KOLKATA, KOLKATA vs. M/S KILBURN ENGINEERING LTD, KOLKATA

In the result, appeal by the revenue is dismissed

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

Housing Development and Infrastructure Ltd.(HDIL), under two agreements dt. 08.11.2007 & dt. 30.01.2009 for a consideration of Rs. 115 Crores. The sale consideration was payable by HDIL in instalments. There is no dispute that Long Term capital gain (LTCG) of Rs.81,57,21,820 resulted on account of sale of the property at Bhandhup and the transfer of the capital

ACIT, CIR-22, KOLKATA, KOLKATA vs. MRS SHEELA CHOPRA, KOLKATA

Bench: Shri Aby.T Varkey & Shri Waseem Ahmedassessment Year :2006-07 Acit, Circle-22, 169 V/S. Mrs. Sheela Chopra, A.J.C. Bose Road, 8Th R-604, The Residency, Floor, Kolkata-14 City Centre, Block Dc, Sector-1, Salt Lake City, Kolkata-700 064 [Pan No.Abwpc 6131 D] .. अपीलाथ" /Appellant ""यथ"/Respondent

53A of ‘Transfer of Property Act’ and the provisions of section 2(47)(v) on Income Tax Act recognizes such transaction for the purpose of taxation. Therefore, the same should be treated as Long Term Capital Gain (LTCG for short). The assessee further submitted that the possession of the property was first owned by the assessee dated 14th March

EMPORIS PROPERTIES PVT. LTD.,KOLKATA vs. PCIT-2, KOLKATA

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.299/Kol/2022 Assessment Year: 2014-15 Emporis Properties Pvt. Ltd..................................…..............................……Appellant 5Th Floor, 16A, Brabourne Road, Dalhousie, Kolkata-1. [Pan: Aadce0793Q] Vs. Pcit, Kolkata-2...................….…..…...................……........……...…..…..Respondent Appearances By: Shri S.K. Tulsiyan, Advocate & Mita Rizvi, Appeared On Behalf Of The Appellant. Shri Biswanath Das, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing :September 08, 2022 Date Of Pronouncing The Order :September 22, 2022 आदेश / Order संजय गग", "या"यकसद"य"वारा/ Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Revision Order Dated 26.03.2022 Of The Principal Commissioner Of Income Tax (Hereinafter Referred To As The ‘Pcit’) Passed U/S 263 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Taken The Following Grounds Of Appeal:

53A of the Transfer of Property Act, 1882; (4 of 1882); or (vi) any transaction (whether by way of becoming a member of, or acquiring shares in, a co- operative society, company or other association of persons or by way of any agreement or any arrangement or in any other manner whatsoever) which has the effect of transferring, or enabling