GIFFORD & PARTNERS LTD.(SINCE MERGED WITH GIFFORD LLP),KOLKATA vs. DDIT, INTERNATIONAL TAXATION - 1(1), KOLKATA, KOLKATA

In the result ITA No.1489/Kol/11 is partly allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] Assessment Year : 2007-08

Section 198 & 199 of the Act. In view of this legal position, the difference amount of Rs. 37,33,151 was correctly added by the AO to the total income of the assessee.” 42. The AO passed the fair order of assessment dated 21.9.2010 giving effect to the directions of the DRP. Aggrieved by the order of the AO dated

GIFFORD & PARTNERS LTD.(SINCE MERGED WITH GIFFORD LLP),KOLKATA vs. ADIT (INTERNATIONAL TAXATION) - 1(1), KOLKATA, KOLKATA

In the result ITA No.1489/Kol/11 is partly allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] Assessment Year : 2007-08

Section 198 & 199 of the Act. In view of this legal position, the difference amount of Rs. 37,33,151 was correctly added by the AO to the total income of the assessee.” 42. The AO passed the fair order of assessment dated 21.9.2010 giving effect to the directions of the DRP. Aggrieved by the order of the AO dated

I.T.O.(EXEMPTION), WARD-1(3), KOLKATA, KOLKATA vs. SHREE SARDARSHAHR GAUSHALA SAMITY, KOLKATA, KOLKATA

In the result, the appeal of the revenue and the cross-objection are dismissed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

viii) of sub-section (2) of section 56, a deduction of a sum equal to fifty per cent of such income would be allowed and no deduction shall be allowed under any other clause of this section. It is apparently clear from perusal of the provisions of section that the interest received by the assesse on compensation is taxable under

DCIT, CIR-10(1), KOLKATA, KOLKATA vs. M/S MAA AMBA INFRASTRUCTURE (P) LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1309/Kol/2015 Assessment Year : 2012-13 Dcit, Circle-10(1), Kolkata -Vs- M/S Maa Amba Infrastructure (P) Ltd. [Pan: Aaecm 6507 F] (Appellant) (Respondent)

viii) Jai Trading, (ix) Bidyut Ghosh and (x) Hatsun Agro Products Limited during the year. The assessee claimed such rent from the said warehouse under the head ‘income from business or profession’ being the owner of warehouse (building). The ld AO observed that the rented area / portion of the building has not been used by the assessee for the purpose

GOUTAM GHOSH,HOWRAH vs. P.C.I.T., KOLKATA - 13, KOLKATA

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

Bench: Sri Rajpal Yadav, Vice- & Sri Sanjay Awasthi

56(2)(x) did not arise at all. 6. FOR THAT even otherwise the order of PCIT is bad in law as it travelled beyond the Show Cause Notice initially issued u/s 263. 7. FOR THAT when the Assessing Officer, NFAC, Delhi completed the assessment, as per the law as laid down in the statute and rightly followed

DCIT, CIR-8, KOLKATA ,KOLKATA vs. OBEROI HOTELS PVT. LTD. , KOLKATA

Bench: Shri. Rajesh Kumar () & Shri Anikesh Banerjee ()

VIII, Kolkataorder passed under 2 ITA 489/Kol /2005 ITA 1808/Kol /2006 ITA 1811/Kol /2006 Oberoi Hotels (P) Ltd section 250 of the Income-tax Act, 1961 (in short, ’the Act’), date of order 31/08/2006 for Assessment year 2003-04 and dated 29/12/2004 for A.Y. 2001-02. The impugned orders were emanated from the order of the Ld.DCIT, Circle-8, Kolkata

OBEROI HOTELS PRIVATE LIMITED,KOLKATA vs. DCIT,CIR-8, KOLKATA. , KOLKATA

Bench: Shri. Rajesh Kumar () & Shri Anikesh Banerjee ()

VIII, Kolkataorder passed under 2 ITA 489/Kol /2005 ITA 1808/Kol /2006 ITA 1811/Kol /2006 Oberoi Hotels (P) Ltd section 250 of the Income-tax Act, 1961 (in short, ’the Act’), date of order 31/08/2006 for Assessment year 2003-04 and dated 29/12/2004 for A.Y. 2001-02. The impugned orders were emanated from the order of the Ld.DCIT, Circle-8, Kolkata

OBEROI HOTELS PRIVATE LIMITED.,KOLKATA vs. DCIT,CIR-8, KOLKATA, KOLKATA

Bench: Shri. Rajesh Kumar () & Shri Anikesh Banerjee ()

VIII, Kolkataorder passed under 2 ITA 489/Kol /2005 ITA 1808/Kol /2006 ITA 1811/Kol /2006 Oberoi Hotels (P) Ltd section 250 of the Income-tax Act, 1961 (in short, ’the Act’), date of order 31/08/2006 for Assessment year 2003-04 and dated 29/12/2004 for A.Y. 2001-02. The impugned orders were emanated from the order of the Ld.DCIT, Circle-8, Kolkata

M/S BALMER LAWRIES & CO. LTD.,KOLKATA vs. INCOME TAX OFFICER(IT) WD-1(1), KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

Bench: Shri Mahavir Singh & Shri Waseem Ahmedassessment Year :2012-13 M/S Balmer Lawrie & Co. V/S. Income Tax Officer Ltd., 21, N.S.Road, (International Taxation), Kolkata-700 001 Ward-1(1), Aayakar [Pan No. Aabcb 0984 E] Bhawan (Poorva), 2Nd Floor, R. No.215, 110, Shanti Pally, Kolkata- 700 107 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri M.K.Poddar, Sr-Advocate अपीलाथ" क" ओर से/By Appellant Shri C.P.Bhatia, Jcit-Dr ""यथ" क" ओर से/By Respondent 18-02-2016 सुनवाई क" तार"ख/Date Of Hearing 27-04-2016 घोषणा क" तार"ख/Date Of Pronouncement

viii. It is clearly understood between the Appellant Company and the overseas entity providing logistic services overseas that the actual profit made by the Appellant Company, after deducting the logistic expenses, incurred overseas by and reimbursable to the overseas entity, on actual basis, from the amount actually receivable from the Indian exporter for arranging such export, would be shared

RUSSELL CREDIT LIMITED,KOLKATA vs. J.C.I.T (OSD),CIR - 8,KOLKATA, KOLKATA

In the result, both the appeals of revenue as well as assessee is partly allowed for statistical purposes

Bench: "ी जे. सुधाकर रे"डी, लेखा सद"य एवं/And "ी ऐ. ट". वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

VIII, Kolkata dated 20.12.2012 for AY 2009-10. Since both the appeals have been heard together, we dispose of the same by this consolidated order for the sake of brevity. Russell Credit Ltd., AY- 2009-10 2. The grounds of appeal raised by the assessee are as under: “1. Transfer Pricing Adjustment: (Rs.17,68,175 - Rs.15

D.C.I.T CIR - 8,KOLKATA., KOLKATA vs. M/S RUSSEL CREDIT LIMITED, KOLKATA

In the result, both the appeals of revenue as well as assessee is partly allowed for statistical purposes

Bench: "ी जे. सुधाकर रे"डी, लेखा सद"य एवं/And "ी ऐ. ट". वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

VIII, Kolkata dated 20.12.2012 for AY 2009-10. Since both the appeals have been heard together, we dispose of the same by this consolidated order for the sake of brevity. Russell Credit Ltd., AY- 2009-10 2. The grounds of appeal raised by the assessee are as under: “1. Transfer Pricing Adjustment: (Rs.17,68,175 - Rs.15

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

property which in the opinion of the Engineer-In -Charge are due to the negligence of the contractor, are promptly rectified by the contractor at: their own cost and expenses and! According to the direction and satisfaction of the Engineer-In ·-Charge. viii. As per the contract the assessee is not supposed to sublet / assign any portion of the work

ITO WARD-41(1), KOLKATA, KOLKATA vs. SRI SHYAMAL BANERJEE, KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Shri K. Narasimha Chary

56 of the paper book. In all these documents, while granting licence in favour of the assessee to received lodgers/pilgrims, the licensing authority, i.e. the Magistrate, Lodging House Fund, Puri had stipulated the following conditions :- (1) The License shall be produced to the Magistrate, the Medical Officer or Health or any other persons authorised to enter and inspect under section

UNITED BANK OF INDIA EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LIMITED,KOLKATA vs. I.T.O., WARD-36(4), KOLKATA, KOLKATA

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

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.546 To 548/Kol/2022 Assessment Years: 2015-16 To 2017-18 United Bank Of India Employees Co-Operative Credit Society Ltd……Appellant 14/4, Sovaram Bysak Street, Kolkata-700007 [Pan:Aaaau1388A] Vs. Ito, Ward-36(4), Kolkata….…….....................……........……...…..…..Respondent Appearances By: Shri G. Banerjee, Ar, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 02, 2023 Date Of Pronouncing The Order : June 27, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders All Dated 28.07.2022 Of The National Faceless Appeal Centre (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since, The Facts & Issues Involved In All The Appeals Are Identical, Hence These Have Been Heard Together & Are Being Disposed Of By This Common Order. The Appeal In Ita No.546/Kol/2022 For Assessment Year 2015-16 Is Taken As Lead Case For The Purpose Of Narration Of Facts. 2. Ita 546/Kol/2022 – The Assessee Has Taken The Following Grounds Of Appeal:

56 of the Act. In view of this, the claim of the assessee that the said interest I.T.A Nos.546 to 548/Kol/2022 Assessment years: 2015-16 to 2017-18 United Bank of India Employees Co-Operative Credit Society Ltd income earned by the assessee from its funds deposited in commercial bank is eligible for deduction u/s 80P(2

UNITED BANK OF INDIA EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LIMITED,KOLKATA vs. I.T.O., WARD-36(4), KOLKATA, KOLKATA

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

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.546 To 548/Kol/2022 Assessment Years: 2015-16 To 2017-18 United Bank Of India Employees Co-Operative Credit Society Ltd……Appellant 14/4, Sovaram Bysak Street, Kolkata-700007 [Pan:Aaaau1388A] Vs. Ito, Ward-36(4), Kolkata….…….....................……........……...…..…..Respondent Appearances By: Shri G. Banerjee, Ar, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 02, 2023 Date Of Pronouncing The Order : June 27, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders All Dated 28.07.2022 Of The National Faceless Appeal Centre (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since, The Facts & Issues Involved In All The Appeals Are Identical, Hence These Have Been Heard Together & Are Being Disposed Of By This Common Order. The Appeal In Ita No.546/Kol/2022 For Assessment Year 2015-16 Is Taken As Lead Case For The Purpose Of Narration Of Facts. 2. Ita 546/Kol/2022 – The Assessee Has Taken The Following Grounds Of Appeal:

56 of the Act. In view of this, the claim of the assessee that the said interest I.T.A Nos.546 to 548/Kol/2022 Assessment years: 2015-16 to 2017-18 United Bank of India Employees Co-Operative Credit Society Ltd income earned by the assessee from its funds deposited in commercial bank is eligible for deduction u/s 80P(2

UNITED BANK OF INDIA EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LIMITED,KOLKATA vs. I.T.O., WARD - 36(4), KOLKATA, KOLKATA

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

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.546 To 548/Kol/2022 Assessment Years: 2015-16 To 2017-18 United Bank Of India Employees Co-Operative Credit Society Ltd……Appellant 14/4, Sovaram Bysak Street, Kolkata-700007 [Pan:Aaaau1388A] Vs. Ito, Ward-36(4), Kolkata….…….....................……........……...…..…..Respondent Appearances By: Shri G. Banerjee, Ar, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 02, 2023 Date Of Pronouncing The Order : June 27, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders All Dated 28.07.2022 Of The National Faceless Appeal Centre (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since, The Facts & Issues Involved In All The Appeals Are Identical, Hence These Have Been Heard Together & Are Being Disposed Of By This Common Order. The Appeal In Ita No.546/Kol/2022 For Assessment Year 2015-16 Is Taken As Lead Case For The Purpose Of Narration Of Facts. 2. Ita 546/Kol/2022 – The Assessee Has Taken The Following Grounds Of Appeal:

56 of the Act. In view of this, the claim of the assessee that the said interest I.T.A Nos.546 to 548/Kol/2022 Assessment years: 2015-16 to 2017-18 United Bank of India Employees Co-Operative Credit Society Ltd income earned by the assessee from its funds deposited in commercial bank is eligible for deduction u/s 80P(2

DCIT/CIR-5/KOL, KOLKATA vs. M/S BAGARIA MORE CO. LTD., KOLKATA

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

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

section 143(2), 115WE(2) and 142(1) of the Act were issued. The case of the assessee was represented by the A.R. 4. During the course of assessment proceedings AO found that the assessee has debited expenses of Rs.46,62,285/- from the rental income. The said expenses relating to service and maintenance charges, staff welfare and electric charges

PEERLESS HOTELS LIMITED,KOLKATA vs. DCIT, CIRCLE - 8(2), KOLKATA, KOLKATA

Appeal of the Revenue is dismissed

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2002-03

housed in an old building which was earlier occupied Ritz Continental Hotel. The assessee came to occupy the said hotel premises from the government of West Bengal on lease basis in 1993. It was found that the building was suffering from structural problem and therefore the assessee appointed a consultant to examine the damages and defect. In this regard tests