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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

house property on 29.3.2017 for a total cost of Rs.3,13,62,500/- as per details furnished herein below. The assessee had offered a long term capital gains of Rs.76,22,276/- in his return of income instead of his actual liability of Rs.44,63,518/- only as per provisions of section 54F of the Income

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 ]

section 27(iiib) of the Act does not arise at all. 6. Without prejudice to our above claim that the assessee is not assessable to 'Income from house property' as it is neither an owner nor a deemed owner, the Assessee further submitted that the Assessee was formed with the main objectives of carrying on the business of an investment

GAUTAM KUMAR MITRA,KOLKATA vs. DCIT, CIRCLE - 54, KOLKATA, KOLKATA

In the result, the appeal by the Assessee is allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] I.T.A No. 07/Kol/2012 Assessment Year : 2006-07

House Property”. 10. The next issue before the AO was with regard to explanation with regard to unsecured loans appearing in the revised balance sheet filed in the course of assessment proceedings by the Assessee before the AO. There was unsecured loan in the liability side of the balance sheet of Rs.1,71,67,483/-. The Assessee explained sources

ACIT, CIRCLE-15(1), KOLKATA, KOLKATA vs. M/S. DEVA LEASE AND FINANCE PVT. LTD., KOLKATA

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2012-13 Acit Circle-15(1), V/S. M/S Deva Lease & Aayaka Bhawan,Poorva Finance Pvt. Ltd., 1A, 110, Shantipally, Kolkta- K.B.R. Complex, 4, Ho- 107 Chi-Min Sarani, Kolkata-71 [Pan No.Aabcd 7839 E] .. अपीलाथ" /Appellant ""यथ"/Respondent C.O. No.54/Kol/2017 (A/O Ita No.961/Kol/2017) Assessment Year :2012-13 M/S Deva Lease & V/S. Acit, Circle-15(1), Finance Pvt. Ltd., 1A, Aaykar Bhavan, Poorva, K.B.R. Complex, 4, Ho- 110, Shantipally, Chi-Min Sarani, Kolkata- Kolakta-107 71 [Pan No.Aabcd 7839 E] .. "तया"ेपक/Co-Objector ""यथ"/Respondent

71 [PAN No.AABCD 7839 E] .. "तया"ेपक/Co-objector ""यथ"/Respondent Shri Dev Kumar Kothari, FCA आवेदक क" ओर से/By Assessee Shri S. Dasgsupta, Addl. CIT-DR राज व क" ओर से/By Revenue 29-05-2018 सुनवाई क" तार"ख/Date of Hearing 31-05-2018 घोषणा क" तार"ख/Date of Pronouncement आदेश

SMT. NILANJANA CHAKRABORTI,KOLKATA vs. DCIT, CIRCLE - 22, KOLKATA , KOLKATA

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

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi) Assessment Year: 2013-14 Smt. Nilanjana Chakraborti…………..………...........…………..……………….…...……..….…….....Appellant 99B, Kankulia Road Kolkata – 700 029 [Pan : Acupc 49992 P] Vs. Deputy Commissioner Of Income Tax, Circle-22, Kolkata.……......………………..........Respondent Appearances By: Shri Manish Tiwari, A/R, Appeared On Behalf Of The Assessee. Shri Robin Choudhury, Addl. Sr. D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : October 16Th , 2018 Date Of Pronouncing The Order : November 9Th , 2018 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-6, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 03/08/2017, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2013-14, On The Following Grounds:- “1. That On The Facts & In The Circumstances Of The Case, Ld. Cit(A) Has Erred In Holding The Erroneous Determination Of Long Term Capital Gain At Rs.72,50,000/- By Ld. Dcit On Erroneous Belief & Misconception Of Law By Denying The Benefit Claimed U/S 54F Of Income Tax Act, 1961 Of The Appellant. 2. That The Appellant Craves Leave To Add, Amend, Adduce Or Alter Any Ground Or Grounds On Or Before The Hearing Of The Appeal.”

house property, then he is eligible for exemption u/s. 54 of the Act, even though the full value of consideration is more than the net sale consideration as a result of transfer. Deeming fiction as provided u/s. 50C of the Act in respect of the words full value of consideration is to be applied only to section

ACIT, CIRCLE-8(2), KOLKATA, KOLKATA vs. M/S OBEROI HOTELS PVT. LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri S.S. Viswanethra Ravi

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

M/S H.C. COMMERCIAL LTD.,KOLKATA vs. ACIT, CEN.CIR.-2(1), KOLKATA

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

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2013-14 M/S. H. C. Commercial Ltd. Assistant Commissioner Of 5, Middleton Row, Kolkata- Vs. Income Tax, Central Circle- 700071. 2(1), Kolkata. (Pan: Aabch2665N) (Appellant) (Respondent) Present For: Appellant By : Shri Soumitra Choudhury, A.R Respondent By : Shri Biswanath Das, Addl. Cit Date Of Hearing : 11.05.2022 Date Of Pronouncement : 21.07.2022 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Directed Against The Order Of Ld. Cit(A)-20, Kolkata Vide Order No. Itba/Apl/S/250/2021- 22/1037682272(1) Dated 10.12.2021 For A.Y. 2013-14 Passed Against The Assessment Order U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By Acit, Central Circle-2(1),Kolkata Dated 28.01.2016. 2. The Grounds Of Appeal Taken In This Appeal Are Reproduced As Under: 1. For That On The Facts Of The Case, The Order Passed By The Ld. C.I.T.(A)-20, Kolkata On 10.12.2021 Is Completely Arbitrary, Unjustified & Illegal. 2. For That On The Facts Of The Case, The Ld. C.Lt.(A) Was Wrong In Dittoing The Order Of The A.O. & Confirming The Disallowance U/S. 14A By Invoking Rule 8D(2)(Iii), 0.5% Of Average Investment Amounting To Rs.5,00,482/- (Rs.9,00,375/- Minus Rs.4,00,563/-) Which Is Completely Arbitrary, Unjustified & Illegal. 3. For That On The Facts Of The Case, The Ld. C.I.T.(A) Was Wrong In Not Considering The Facts That The A.O. Was Not Deducted The Income From Which Is Taxable During The Year & The Amount Of Rs.400,563/- Has Already Added Back To The Return Income, So, Rs.5,00,482/- Cannot Be Part For The Disallowance & Wrongly Calculated U/S. 14A By Invoking Rule 8D(2)(Iii) Which Is Completely Arbitrary, Unjustified & Illegal.

section 24 of the Act. Ld. AO held that since the assessee is allowed deduction @ 30% as expenses from the income earned from the house property, this expense is not allowable against the income from house property. Accordingly, he held that the claim of this expense is not admissible u/s. 23 and 24 of the Act as debited

AASHIRVAD VILLA LIMITED. ,KOLKATA vs. ITO, WARD-4(3), KOLKATA. , KOLKATA

In the result, the appeal filed by the assessee bearing

Bench: Shri Rajesh Kumar & Shri Anikesh Banerjeei.T.A. No. 1372/Kol/2023 Assessment Year: 2020-2021 Aashirvad Villa Limited,.........................Appellant 21A, Belvedere Road, Kolkata-700027 [Pan: Aaecs6659N] -Vs.- Income Tax Officer,.................................Respondent Ward-4(3), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Puja Somani, C.A., Appeared On Behalf Of The Assessee Shrip.P. Barman, Addl. Cit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : February 13, 2024 Date Of Pronouncing The Order : February 13, 2024

house property and the business loss was duly adjusted with the capital gain, which was permitted under section 71(2) of the Act. Ld. A.R. further

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

DILIP KUMAR CHOWDHARY ,HOWRAH vs. ACIT, CIRCLE - 46, KOLKATA

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

Bench: Sri J. Sudhakar Reddy] I.T.A. No. 2460/Kol/2018 Assessment Year: 2013-14 Dilip Kumar Chowdhary………….…………………………....………………..……………..……….….Appellant 545, G.T. Road (South) 6Th Floor Howrah – 711 101 [Pan : Acdpc 4418 P] Assistant Commissioner Of Income Tax, Circle-46, Kolkata……........................…...Respondent Appearances By: Shri S.S. Gupta, Fca, Appeared On Behalf Of The Assessee. Shri Sankar Haldar, Jcit, Sr. D/R, Appearing On Behalf Of The Revenue.

Section 2(22)(e) of the Act. Accordingly this ground of the assessee is allowed. 7. Ground No. 3 is on the issue of disallowance of interest. 7.1. The assessee’s case is that the Assessing Officer restricted the claim of the assessee of deduction of interest to the extent of income earned by it under the head income from

RAI BHAGWAN DAS BAGLA BAHADURS MARWARI HINDU HOSPITAL,KOLKATA vs. I.T.O., WARD - 49(3) NOW, I.T.O., WARD - 44(2), KOLKATA, KOLKATA

In the result, the appeal of assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Rai Bhagwan Das Bagla Ito, Ward-49(3), Bahadurs Marwari Hindu 3, Govt. Place (West), Hospital Kolkata-700001, Vs. 1, R.N. Mukherjee Road, Martin West Bengal Burn House, Kolkata-700001 (Appellant) (Respondent) Pan No. Aactr1297C Assessee By : Shri Soumitra Choudhary, Ar Revenue By : Shri Prabhakar Prakash Ranjan, Dr Date Of Hearing: 05.12.2024 Date Of Pronouncement : 19.12.2024

71,600 X 1081/100 Rs.9,15,77,996 Long Term Capital Gain ₹12,35,377” 05. Thereafter, the ld. AO mentioned that the case was referred to District Valuation Officer (DVO) on 30.10.2018 for valuation of the property as per proposal of DDIT (Investigation), Kolkata-1, however, till date Rai Bhagwan Das Bagla Bahadurs Marwari Hindu Hospital

SDV INTERNATIONAL LOGISTICS LTD.,KOLKATA vs. ACIT, CIR-59 (TDS), KOLKATA, KOLKATA

In the result, both the appeals of the revenue are dismissed while the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm]

71,481/- for manpower supply which is in the nature of managerial service and liable for TDS u/s 194J. iii. It also appeared from the Form 16 for the F.Y. 2011-12, issued by the deductor company to its employees that benefit of deduction on House Rent Allowance and benefit of interest on self-occupied house property were allowed simultaneously

ACIT, CIR-3(TDS), KOLKATA, KOLKATA vs. SDV INTERNATION LOGISTICS LTD., KOLKATA

In the result, both the appeals of the revenue are dismissed while the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm]

71,481/- for manpower supply which is in the nature of managerial service and liable for TDS u/s 194J. iii. It also appeared from the Form 16 for the F.Y. 2011-12, issued by the deductor company to its employees that benefit of deduction on House Rent Allowance and benefit of interest on self-occupied house property were allowed simultaneously

ACIT, CIR-3(TDS), KOLKATA, KOLKATA vs. SDV INTERNATION LOGISTICS LTD., KOLKATA

In the result, both the appeals of the revenue are dismissed while the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm]

71,481/- for manpower supply which is in the nature of managerial service and liable for TDS u/s 194J. iii. It also appeared from the Form 16 for the F.Y. 2011-12, issued by the deductor company to its employees that benefit of deduction on House Rent Allowance and benefit of interest on self-occupied house property were allowed simultaneously

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

section 143(3)/254/251, in respect of assessment year 1993-94 was the same, and the assessee accepted the same without preferring any appeal. As a matter of fact, the revenue has never produced any such material in support of its contention. On the other hand, vide page No. 104 and 106 of the paper book the assessee produced

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)

house property. The Hon’ble Supreme Court in the case of Raj Dadarkar supra had placed heavy reliance on the finding of aforesaid facts recorded by the tribunal. Whereas in the instant case before us, the ld CITA had categorically stated that the assessee had carried on an organized activity with a view to commercially exploit the civic infrastructure

ARUS PROPERTIES LLP,,KOLKATA vs. D.C.I.T., EXEMPT - 1, CIRCLE - 1(1),, KOLKATA

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

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 533/Kol/2025 Assessment Year: 2023-2024 Arus Properties Llp,………………………..….…Appellant 7B, Pretoria Street, ‘Alom House’, Kolkata-700071 [Pan:Abcfa4787H] -Vs.- Deputy Commissioner Of Income Tax,..…….Respondent Exempt-1, Circle-1(1), Kolkata, 10B, Middleton Row, Kolkata-700071 Appearances By: Shri P.J. Bhide, Fca, Appeared On Behalf Of The Assessee Ms. Archana Gupta, Addl. Cit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: August 06, 2025 Date Of Pronouncing The Order: October 31, 2025 O R D E R

section 71 & 72 of the Act. Accordingly, the grounds raised by the assessee are allowed. 8. In the result, the appeal filed by the assessee is allowed. Order pronounced in the open Court on 31/10/2025. (Rajesh Kumar) (Duvvuru RL Reddy) Accountant Member Vice-President Kolkata, the 31st day of October, 2025 4 Arus Properties LLP Copies to :(1) Arus Properties

KOLAY PROPERTIES (P) LTD.,KOLKATA vs. DCIT, CIR-II, KOLKATA, KOLKATA

In the result the appeal of the assessee is allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am] I.T.A No. 662/Kol/2014 Assessment Year : 2008-09 Kolay Properties (P) Ltd. -Vs.- D.C.I.T., Circle-11, Kolkata Kolkata [Pan : Aabck 5805 D] (Respondent) (Appellant) For The Appellant : Shri T.P.Kar, Ar For The Respondent : Shri Rajat Kumar Kureel, Jcit. Sr.Dr Date Of Hearing : 06.04.2017. Date Of Pronouncement : 12.04.2017. Order Per N.V.Vasudevan, Jm This Is An Appeal By The Assessee Against The Order Dated 10.03.2014 Of C.I.T.(A)-Xii, Kolkata Relating To A.Y.2008-09. 2. The Only Ground Of Appeal Raised By The Assessee Reads As Follows :- “1. That In The Facts & In The Grounds Of Appeal How Far The Assessing Officer Is Legally Correct In Calculation The Expenditure To Be Incurred By Deeming Mathematical Fiction U/S 14A Read With Rule 8D Though No Sums Were Expended For Earning Such Exempted Income. As Such The Burden Is On The Revenue To Prove The Nexus Between Expenditure Disallowed & Non-Taxable Receipts In Relation To Exempt Income.”

House Property Section so as to earn income from different sources including those from investment in shares, units, etc. This finding finds force from the accounts of the assessee including Schedule- P & Q forming part of the P&L accounts. 5.5 The provisions of section 14A are applicable in respect of both direct and indirect expenditure, once it is found