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 as is required in the provisions of section 54 of the Act. For this now, we have to go through the provisions of Section 54 of the Act, which reads as under:- "Profit on sale of property used for residence. 54.[(1)][Subject to the provisions of sub-section (2

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 as is required in the provisions of section 54 of the Act. For this now, we have to go through the provisions of Section 54 of the Act, which reads as under:- "Profit on sale of property used for residence. 54.[(1)][Subject to the provisions of sub-section (2

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

54 taxmann.com 32. In that case also it was the assessee’s plea that it had executed two independent housing projects which were sanctioned by single approval granted by local authority. Out of the two projects, the assessee had completed the construction of 293 units in one project comprising of 295 units and deduction under Section 80IB(10) was claimed

MAYURA MOHTA,MUMBAI vs. D.C.I.T., CIRCLE - 29,, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Dcit, Circle-29 Mayura Mohta Aaykar Bhavan Dakshin, 2, Sumer Trinity Towers 202, Tower-I, New Prabhadevi Road, Gariahat Road (South), Vs. Prabha Devi, Mumbai-400 025 Kolkata-700031, West Bengal (Appellant) (Respondent) Pan No. Aevpm3232R Assessee By : Shri Sunil Surana, Ar Revenue By : Shri Monalisha Pal Mukherjee, Dr Date Of Hearing: 16.12.2024 Date Of Pronouncement : 21.01.2025

section 54 of the Act. Without the purchase of land, house could not have been constructed. The first step was to purchase the land, which was done. Thereafter the developer was to handover the plot, so that assessee could have constructed the house within time allowed of 2 years. However, no step could be put forward thereafter because possession

AMIT PAREKH,KOLKATA vs. ITO, WD-30(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

section 54 of the Act provides that the assessee has to purchase a house property for the purpose of his own residence within the period of one year on or after the date on which the transfer of property took place or assessee should have constructed a 2

SRI PRADEEP SINGH GURUNG,SILIGURI vs. DCIT, CIRCLE-3, SILIGURI, SILIGURI

In the result, appeal of assessee is allowed

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

2 of the section 54, amount utilized by the assessee for the purchase or construction of the new asset before the date of furnishing the return of income under section 139 for the year in which transfer took place, shall qualify for deduction u/s 54 of the Act. Therefore, the AO is hereby directed to enhance the amount of exemption

ITO, WARD - 56(4), KOLKATA, KOLKATA vs. M/S. NOPANY & SONS, KOLKATA

In the result, assessee’s appeal is allowed

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

54,0001- suffered on sale of the said house property without considering the facts that as per the said old agreement dt. 06.01.1975 between the assessee and the erstwhile owner M/s Murray & Co. Pvt. Ltd., duly authenticated and registered by a Notary, the assessee firm became the deemed owner of the property u/s 2(47)(v) of the I.Tax

M/S. NOPANY & SONS,KOLKATA vs. ITO, WARD - 56(4), KOLKATA, KOLKATA

In the result, assessee’s appeal is allowed

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

54,0001- suffered on sale of the said house property without considering the facts that as per the said old agreement dt. 06.01.1975 between the assessee and the erstwhile owner M/s Murray & Co. Pvt. Ltd., duly authenticated and registered by a Notary, the assessee firm became the deemed owner of the property u/s 2(47)(v) of the I.Tax

TATA GLOBAL BEVERAGE LIMITED,KOLKATA vs. ACIT, CIR-4, KOLKATA, KOLKATA

In the result ITA No.1869/Kol/2014 is allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am ]

house • Festival celebrations • Health Club • Any other club • Gifts • Scholarship to employees’ children • Consumption of fuel other than industrial fuel ITA No.1866/Kol/2014 A.Y.2006-07 : 3. Ground Nos. 1 and 1.1 raised by the assessee read as follows :- “1.0 That on the facts and in the circumstances of the case, the learned CIT (A) erred in confirming the action of the learned

TATA GLOBAL BEVERAGE LIMITED,KOLKATA vs. ACIT, CIR-4, KOLKATA, KOLKATA

In the result ITA No.1869/Kol/2014 is allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am ]

house • Festival celebrations • Health Club • Any other club • Gifts • Scholarship to employees’ children • Consumption of fuel other than industrial fuel ITA No.1866/Kol/2014 A.Y.2006-07 : 3. Ground Nos. 1 and 1.1 raised by the assessee read as follows :- “1.0 That on the facts and in the circumstances of the case, the learned CIT (A) erred in confirming the action of the learned

TATA GLOBAL BEVERAGE LIMITED,KOLKATA vs. ACIT, CIR-4, KOLKATA, KOLKATA

In the result ITA No.1869/Kol/2014 is allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am ]

house • Festival celebrations • Health Club • Any other club • Gifts • Scholarship to employees’ children • Consumption of fuel other than industrial fuel ITA No.1866/Kol/2014 A.Y.2006-07 : 3. Ground Nos. 1 and 1.1 raised by the assessee read as follows :- “1.0 That on the facts and in the circumstances of the case, the learned CIT (A) erred in confirming the action of the learned

TATA GLOBAL BEVERAGE LIMITED,KOLKATA vs. ACIT, CIR-4, KOLKATA, KOLKATA

In the result ITA No.1869/Kol/2014 is allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am ]

house • Festival celebrations • Health Club • Any other club • Gifts • Scholarship to employees’ children • Consumption of fuel other than industrial fuel ITA No.1866/Kol/2014 A.Y.2006-07 : 3. Ground Nos. 1 and 1.1 raised by the assessee read as follows :- “1.0 That on the facts and in the circumstances of the case, the learned CIT (A) erred in confirming the action of the learned

TATA GLOBAL BEVERAGE LIMITED,KOLKATA vs. ACIT, CIR-4, KOLKATA, KOLKATA

In the result ITA No.1869/Kol/2014 is allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am ]

house • Festival celebrations • Health Club • Any other club • Gifts • Scholarship to employees’ children • Consumption of fuel other than industrial fuel ITA No.1866/Kol/2014 A.Y.2006-07 : 3. Ground Nos. 1 and 1.1 raised by the assessee read as follows :- “1.0 That on the facts and in the circumstances of the case, the learned CIT (A) erred in confirming the action of the learned

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

2(47) of the Act, we are of the view that the appellants were entitled to relief under Section 54 of the Act in respect of the long term capital gain which they had earned in pursuance of transfer of their residential property being House

ZAFAR IQBAL,SILIGURI vs. DCIT, CIRCLE - 1, SILIGURI, SILIGURI

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

2, 3 and 4 relate to the Ld. CIT (A) erring in denying the deduction u/s 54F of the Act on the ground that the assessee did not deposit the sale proceeds of his old property in Capital Gains Account Scheme, 1988 and had kept the sale proceeds of his old property in his savings bank account and fixed deposits

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

In the result, the both appeals of the Revenue are dismissed

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

54 taxmann.com 32. In that case also it was the assessee’s plea that it had executed two independent housing projects which were sanctioned by single approval granted by local authority. Out of the two projects, the assessee had completed the construction of 293 units in one project comprising of 295 units and deduction under Section 80IB(10) was claimed

DCIT,CIRCLE-8, KOLKATA, KOLKATA vs. M/S. THE SATURDAY CLUB LTD, KOLKATA

In the result, the appeals of the Revenue for A

Bench: Shri Rajpal Yadav, Vice- & Dr. Manish Borad

sections 143(3A) & 143(3B) of the Income tax Act has not made any addition for Rent received from Reliance Industries Ltd of Rs.1,05,90,837/- and Service charges of Rs.70,60,558/-. (Copy of Assessment Order, 142(1) notice dated 21.12.2020 and reply of the Appellant dated 28.12.2020 enclosed). It is prayed that considering the submissions made herein

THE SATURDAY CLUB LIMITED,KOLKATA vs. DCIT, CIRCLE - 8(2), KOLKATA, KOLKATA

In the result, the appeals of the Revenue for A

Bench: Shri Rajpal Yadav, Vice- & Dr. Manish Borad

sections 143(3A) & 143(3B) of the Income tax Act has not made any addition for Rent received from Reliance Industries Ltd of Rs.1,05,90,837/- and Service charges of Rs.70,60,558/-. (Copy of Assessment Order, 142(1) notice dated 21.12.2020 and reply of the Appellant dated 28.12.2020 enclosed). It is prayed that considering the submissions made herein