D.C.I.T CC - XXVIII,KOLKATA, KOLKATA vs. M/S SPML INFRA LTD (ERSTWHILE M/S SUBHAS PROJECTS& MARKETING LTD), KOLKATA

In the result, Revenue’s appeal is dismissed

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

sections, plans, architectural, structural drawings and all working drawings, for approval. (para 9.2) ITA No.1291-1292/Kol/2013 A.Ys 06-07 & 09-10 DCIT CC-XXVIII, Kol. v. M/S SPML Infra Ltd Page 7 (ii) Materials: All the material required for the work was to be provided by the assessee. (page 39, para 10) (iii) Labour: The assessee was required to employ staff

SAROJ GOENKA,KOLKATA vs. I.T.O., WARD - 30(1), KOLKATA

In the result, the appeal of the assessee is allowed

80,198/- upto 31.03.2021 towards construction of\nher new residential property at 1 Queens Park, whose completion\ncertificate was received on 09.06.2022 i.e. within three years from\nthe date of long-term capital gain and therefore the entire capital\ngain earned from sale of shares was exempt u/s 54F of the Act. The\nAO during the course of assessment observed

M/S BENGAL SHRISTI INFRASTRUCTURE DEVELOPMENT LIMITED,DURGAPUR vs. ACIT, CIRCLE-2, DURGAPUR, DURGAPUR

In the result, appeal of the assessee is allowed in part

Properties (supra) held as follows:- “Whether construction of building 'E' constitutes a 'housing project under section 80- IB(10) The expression

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]

Section 80IB(10) was claimed only in respect of the completed units. The claim was rejected principally on the ground that both the housing projects sanctioned simultaneously together constituted a single composite housing project and therefore deduction was not permissible since completion certificate for the entire housing project was not obtained by 21 I.T.A No.1514/Kol/2015 & ITA No. 1515/Kol/2015 A.Ys

M/S. TEGA INDUSTRIES LIMITED,KOLKATA vs. D.C.I.T., CIRCLE - 11(1), KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

property right, exterior design or practical and new design or any other business or commercial rights of similar nature; (c) capital financing, including any type of long-term or short-term borrowing, lending or guarantee, purchase or sale of marketable securities or any type of advance, payments or deferred payment or receivable or any other 99debt arising during the course

BHAIRABNALA SAMABAY KRISHI UNNAYAN SAMITY LIMITED,KALNA vs. ITO, WARD-1(1), BURDWAN

In the result, the appeal of assessee is allowed

house property chargeable under section 22. Explanation.—For the purposes of this section, an "urban consumers' co- operative society" means a society for the benefit of the consumers within the limits of a municipal corporation, municipality, municipal committee, notified area committee, town area or cantonment. (3) In a case where the assessee is entitled also to the deduction under section

ACIT, CIR-33, KOLKATA, KOLKATA vs. M/S HO HUP SIMPLEX JV, 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. 692/Kol/2016 Assessment Year : 2010-11 Acit, Circle-33, Kolkata -Vs- M/S Ho Hup Simplex Jv [Pan: Aaaah 0653 B] (Appellant) (Respondent)

section 80-IA(13) of the Act. 6.17. To substantiate the above attention is invited to the terms and conditions of agreement entered into between the assessee and National Highway Authority of India, some of which have been listed below: (i) General obligations: The assessee shall, with due care and diligence, design, execute and complete the work and remedy

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

housing or other activities being an integral part of the highway project; The issue has been examined by the Board. It has been decided that widening of an existing road by constructing additional lanes as a part of a highway project by an undertaking would be regarded as a new infrastructure facility for the purpose of section 80

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]

house property within stipulated time frame so the said sum of Rs.22,19,177/- was added to assessee’s income. Aggrieved, assessee preferred an appeal before the Ld. CIT(A), who restricted the deduction u/s. 54 of the Act to the extent of Rs.16,97,479/- (Rs.13,61,727/- + Rs.3,35,752/-) out of the total claim of Rs.35,80

ITO, WD-33(4), KOLKATA, KOLKATA vs. M/S SOMDATT BUILDERS SIMPLEX JV, KOLKATA

In the result, Revenue’s appeals are dismissed

Bench: Shri Waseem Ahmed, Am & Shri K. Narasimha Chary, Jm आयकर अपील सं./Ita Nos.285, 286, 287 & 288/Kol/2014 ("नधा"रण वष" / Assessment Years :2008-09, 2009-10, 2010-11 & 2007-08) Income Tax Officer, Vs. M/S Somdatt Builders Ward-33(4), Kolkata, 10-B, Simplex Jv, 12/1, Neelie Middleton Row, 3Rd Floor, Sengupta Sarani, Kolkata- Kolkata-700071 87 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabas 9777 J .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

Section 80-IA of the Act, for the purposes of clause (4) thereof, "infrastructure facility’’ means— (a) a road including toll road, a bridge or a rail system; (b) a highway project including housing or other activities being an integral part of the highway project; (c) a water supply project, water treatment system, irrigation project, sanitation and sewerage system

ITO, WD-33(4), KOLKATA, KOLKATA vs. M/S SOMDATT BUILDERS SIMPLEX JV, KOLKATA

In the result, Revenue’s appeals are dismissed

Bench: Shri Waseem Ahmed, Am & Shri K. Narasimha Chary, Jm आयकर अपील सं./Ita Nos.285, 286, 287 & 288/Kol/2014 ("नधा"रण वष" / Assessment Years :2008-09, 2009-10, 2010-11 & 2007-08) Income Tax Officer, Vs. M/S Somdatt Builders Ward-33(4), Kolkata, 10-B, Simplex Jv, 12/1, Neelie Middleton Row, 3Rd Floor, Sengupta Sarani, Kolkata- Kolkata-700071 87 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabas 9777 J .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

Section 80-IA of the Act, for the purposes of clause (4) thereof, "infrastructure facility’’ means— (a) a road including toll road, a bridge or a rail system; (b) a highway project including housing or other activities being an integral part of the highway project; (c) a water supply project, water treatment system, irrigation project, sanitation and sewerage system

ITO, WD-33(4), KOLKATA, KOLKATA vs. M/S SOMDATT BUILDERS SIMPLEX JV, KOLKATA

In the result, Revenue’s appeals are dismissed

Bench: Shri Waseem Ahmed, Am & Shri K. Narasimha Chary, Jm आयकर अपील सं./Ita Nos.285, 286, 287 & 288/Kol/2014 ("नधा"रण वष" / Assessment Years :2008-09, 2009-10, 2010-11 & 2007-08) Income Tax Officer, Vs. M/S Somdatt Builders Ward-33(4), Kolkata, 10-B, Simplex Jv, 12/1, Neelie Middleton Row, 3Rd Floor, Sengupta Sarani, Kolkata- Kolkata-700071 87 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabas 9777 J .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

Section 80-IA of the Act, for the purposes of clause (4) thereof, "infrastructure facility’’ means— (a) a road including toll road, a bridge or a rail system; (b) a highway project including housing or other activities being an integral part of the highway project; (c) a water supply project, water treatment system, irrigation project, sanitation and sewerage system

ITO, WD-33(4), KOLKATA, KOLKATA vs. M/S SOMDATT BUILDERS SIMPLEX JV, KOLKATA

In the result, Revenue’s appeals are dismissed

Bench: Shri Waseem Ahmed, Am & Shri K. Narasimha Chary, Jm आयकर अपील सं./Ita Nos.285, 286, 287 & 288/Kol/2014 ("नधा"रण वष" / Assessment Years :2008-09, 2009-10, 2010-11 & 2007-08) Income Tax Officer, Vs. M/S Somdatt Builders Ward-33(4), Kolkata, 10-B, Simplex Jv, 12/1, Neelie Middleton Row, 3Rd Floor, Sengupta Sarani, Kolkata- Kolkata-700071 87 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabas 9777 J .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

Section 80-IA of the Act, for the purposes of clause (4) thereof, "infrastructure facility’’ means— (a) a road including toll road, a bridge or a rail system; (b) a highway project including housing or other activities being an integral part of the highway project; (c) a water supply project, water treatment system, irrigation project, sanitation and sewerage system

SMT SARBANI GUPTA,KOLKATA vs. ACIT, CIR-49, KOLKATA, KOLKATA

In the result, the appeal of both the assessee’s are partly allowed

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

80,407/- Less: Registration Expenses (As per Assessee’s 75,000/- computation) Long Term Capital Gains 1,64,05,407/- Less: Deduction u/s. 54EC (as discussed above) 50,00,000/- Total: 1,14,05,407/- 9. Therefore, the AO computed the total Long Term Capital Gain at Rs.1,14,05,407/- instead of Rs.69,10,115/- as computed

SMT SAKI GUPTA,KOLKATA vs. ACIT, CIR-49, KOLKATA, KOLKATA

In the result, the appeal of both the assessee’s are partly allowed

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

80,407/- Less: Registration Expenses (As per Assessee’s 75,000/- computation) Long Term Capital Gains 1,64,05,407/- Less: Deduction u/s. 54EC (as discussed above) 50,00,000/- Total: 1,14,05,407/- 9. Therefore, the AO computed the total Long Term Capital Gain at Rs.1,14,05,407/- instead of Rs.69,10,115/- as computed

RAJATGIRI OIL INDUSTRIES,KOLKATA vs. ACIT, KOLKATA

In the result, all the appeals of the assessee are dismissed

Bench: Shri Sanjay Garg & Shri Girish Agrawal

80,153 which may kindly be deleted. 3. On the facts and in the circumstances of the case and in law the C.I.T.(A) erred in confirming the addition of Rs.8,09,039 on account of enhancement of rent of Katedan Godown which may kindly be deleted. 4. 0n the facts and in the circumstances of the case

RAJATGIRI OIL INDUSTRIES,KOLKATA vs. ACIT, KOLKATA

In the result, all the appeals of the assessee are dismissed

Bench: Shri Sanjay Garg & Shri Girish Agrawal

80,153 which may kindly be deleted. 3. On the facts and in the circumstances of the case and in law the C.I.T.(A) erred in confirming the addition of Rs.8,09,039 on account of enhancement of rent of Katedan Godown which may kindly be deleted. 4. 0n the facts and in the circumstances of the case

RAJATGIRI OIL INDUSTRIES,KOLKATA vs. ACIT, KOLKATA

In the result, all the appeals of the assessee are dismissed

Bench: Shri Sanjay Garg & Shri Girish Agrawal

80,153 which may kindly be deleted. 3. On the facts and in the circumstances of the case and in law the C.I.T.(A) erred in confirming the addition of Rs.8,09,039 on account of enhancement of rent of Katedan Godown which may kindly be deleted. 4. 0n the facts and in the circumstances of the case