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 for residential purpose within a period of one year from the date of sale of property. 8. On the other hand, Ld. DR for the Revenue haspointed out that there was no real purchase and sales of properties and the assessee actually made profit by transferring or relinquishing her provisional letter of allotment after making full payments

SHRI JAGDISH RAI KARNANI,KOLKATA vs. ITO, WARD 35(2), KOLKATA, KOLKATA

In the result, appeal was answered in favour of assessee

Bench: Hon’Ble Sri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No.594/Kol/2017 Assessment Year : 2012-13 Sri Jagdish Rai Karnani -Vs.- I.T.O., Ward-35(2) Kolkata Kolkata [Pan : Afapk 1013 Q] (Respondent) (Appellant) For The Appellant : Shri B.C.Jain, Fca For The Respondent : None Date Of Hearing : 15.06.2017. Date Of Pronouncement : 07.07.2017 Order

House Property at Plot H-33 , Sector 39, Noida for the sum of Rs 92,78,963/- should not be added to the total income for Asst Year 2012-13. The assessee had filed submission against the show cause and claimed that in respect of the receipt of consolidated sale price for sale of land and building – capital gain from

I.T.O WD - 56(2),KOLKATA, KOLKATA vs. SALARPURIA SOFT ZONE, KOLKATA

In the result, the appeals of assessee are allowed and that of revenue are dismissed

Bench: Shri Mahavir Singh, Jm & Shri Wasim Ahmed, Am]

house property. In view of such facts, Ld. CIT, DR supported the orders of the lower authorities. 16. We have heard rival contentions and gone through facts and circumstances of the case. The above facts are undisputed in respect to cash flow statement filed by the assessee as well as availability of funds. We find that neither

M/S SALARPURIA SOFT ZONE,KOLKATA vs. J.C.I.T RG - 56,KOLKATA, KOLKATA

In the result, the appeals of assessee are allowed and that of revenue are dismissed

Bench: Shri Mahavir Singh, Jm & Shri Wasim Ahmed, Am]

house property. In view of such facts, Ld. CIT, DR supported the orders of the lower authorities. 16. We have heard rival contentions and gone through facts and circumstances of the case. The above facts are undisputed in respect to cash flow statement filed by the assessee as well as availability of funds. We find that neither

I.T.O WD - 56(2),KOLKATA, KOLKATA vs. SALARPURIA SOFT ZONE, KOLKATA

In the result, the appeals of assessee are allowed and that of revenue are dismissed

Bench: Shri Mahavir Singh, Jm & Shri Wasim Ahmed, Am]

house property. In view of such facts, Ld. CIT, DR supported the orders of the lower authorities. 16. We have heard rival contentions and gone through facts and circumstances of the case. The above facts are undisputed in respect to cash flow statement filed by the assessee as well as availability of funds. We find that neither

M/S SALARPURIA SOFT ZONE,KOLKATA vs. J.C.I.T RG - 56,KOLKATA, KOLKATA

In the result, the appeals of assessee are allowed and that of revenue are dismissed

Bench: Shri Mahavir Singh, Jm & Shri Wasim Ahmed, Am]

house property. In view of such facts, Ld. CIT, DR supported the orders of the lower authorities. 16. We have heard rival contentions and gone through facts and circumstances of the case. The above facts are undisputed in respect to cash flow statement filed by the assessee as well as availability of funds. We find that neither

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 80-IB(10)(a) of the Act is "shall", but it would not necessarily mean that in every case, it shall be taken to be mandatory requirement instead would depend upon the intent of the Legislature and not the language in which the provision is clothed. The meaning and the intent of the Legislature would be gathered

BANI BROTO BANERJEE ,KOLKATA vs. CIT(A), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 520/Kol/2023 Assessment Year: 2014-2015 Bani Broto Banerjee,…………………..…………Appellant Sanskriti, Flat – 3A, 148, Rashbehari Avenue, Near Deshapriya Park, Kolkata-700029 [Pan:Abppb0424P] -Vs.- Commissioner Of Income Tax (Appeals),……Respondent Aayakar Bhawan Dakshin, 2, Gariahat Road (South), Kolkata-700031 Appearances By: Shri Akshay Ringasia, C.A., Appeared On Behalf Of The Assessee Smt. Ranu Bisws, Addl. Cit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : September 24, 2024 Date Of Pronouncing The Order : November 18, 2024 O R D E R

section 142(1) were issued and served upon the assessee. On perusal of 2 Bani Broto Banerjee the record, it revealed to the ld. Assessing Officer that the assessee was holding 99% share of Rainey Park Limited. The Guest House/Hotel was being run by the assessee and ultimately on account of losses faced by him, he has sold the property

M/S R. N. HARITWAL & SONS (P) LTD.,KOLKATA vs. ITO, WD-3(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is treated as allowed

Bench: Shri P.M. Jagtap

house property” and after allowing standard deduction of Rs.63,000/- under section 24, total income of the assessee was computed by him at Rs.1,47,000/- in the assessment completed under section 143(3) vide order dated 09.11.2009 thereby disallowing the claim of the assessee for various expenses under the head “profits and gains of business or profession”. 3. Against

ALLAHABAD BANK,KOLKATA vs. D.C.I.T CIR - 6,KOLKATA., KOLKATA

In the result, Revenue’s appeal stands partly allowed for statistical purpose

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

section 91 of the Income Tax Act for tax paid in Hongkong in respect of profit of branch situated therein and accordingly, direction may be given to the Learned Assessing Officer to allow opportunity to appellant to adduce necessary evidence for justifying its claim.’ 27. Further, the issue in additional ground no. 1 raised by assessee is in regard

BHABATARINI GRIHA NIRMAN PVT. LTD., ,KOLKATA vs. DCIT, CIRCLE - 12(1) , KOLKATA

Appeal is allowed in above terms

Bench: Shri S. S. Godara, Jm & Dr. A. L. Saini, Am आयकर अपीलसं/I.T.A No.2629/Kol/2018 ("नधा"रण वष" / Assessment Year: 2014-15) Bhabatarini Griha Nirman Pvt. Vs. Dcit, Central-12(1), Kolkata. Ltd. South Block, Ideal Plaza, Sarat Bose Road, Kolkata – 700020. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcb9211C (Appellant) .. (Respondent) Appellant By : Shri Anil Kochar, Advocate Respondent By : Shri Dhrubajyoti Ray, Jcit सुनवाई क" तार"ख/ Date Of Hearing : 29/01/2020 घोषणा क" तार"ख/Date Of Pronouncement : 28/02/2020 आदेश / O R D E R Per Shri S. S. Godara: This Assessee’S Appeal For Assessment Year 2014-15 Arises Against The Commissioner Of Income Tax(Appeals)-4, Kolkata’S Order Dated 15.01.2018 Passed In Case No.620/Cit(A)-4/C-12(1)/16-17 Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961 (In Short ‘The Act’). Heard Both The Parties. Case File Perused. 2. For The Reason Stated In Assessee’S Condonation Petition Dated 19.12.18 & On Account Of No Objection From The Revenue Side, We Condone Its 11 Days’ Delay In Filing Of The Main Appeal Stated To Be Attributable To Communication Gap & Compilation Of Necessary Records. The Main Appeal Is Taken Up For Adjudication On Merits.

91,705/- as Profit on Sale of Mutual Fund. The assessee company has claimed the other income of Rs.10,38,655/ as Income from Other Sources, Therefore, the assessee has no business income during the PY. 2013-14. As such, during the course of hearing on 29.06.2016, the A/R of the assessee was requested to explain why the business loss

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 Act and thus, the provisions of Section

THE PEERLESS GEN. FIN. & INV. CO. LTD.,KOLKATA vs. DCIT, CIRCLE-3(1), KOLKATA, KOLKATA

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

Bench: Shri P.M. Jagtap, Vice- & Shri A.T. Varkey

house property which were sold during relevant year and STCG of Rs.3,16,04,127/- was declared. The stamp duty value of the properties was Rs.9,91,43,740/-, which for the purpose of section

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

house property, which was also accepted in the assessment, meaning thereby that there was no deprecation claimed on the block of assets and also not found in the books of accounts and no deprecation was claimed or allowed in the assessments. The ld. AO computed the Long-Term Capital Gain, however, the valuation report filed by the assessee

DCIT, CIRCLE - 12(1), KOLKATA, KOLKATA vs. M/S. AMRI HOSPITALS LTD., KOLKATA

In the result, the appeal filed by the Revenue is partly allowed for statistical purposes

Bench: Dr. Manish Borad & Sri Sonjoy Sarma

91,819/-. Case selected for scrutiny followed by serving of notices u/s 143(2) & 142(1) of the Act. Various details called for by ld. AO were submitted. On going through the same ld. AO observed that the assessee has claimed expenditure of Rs. 10,87,28,000/- on account of compensation paid to Mr. Kunal Saha

INCOME TAX OFFICER WARD-4(4), KOLKATA vs. M/S PAWAN INDUSTRIAL CORPORATION PVT. LTD., KOLKATA

In the result, appeal by the revenue is dismissed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ] Assessment Year : 2004-05

house property, Capital gain and Income from other source. (ii) The principal business activity of the company is granting of loans and advances. 8. The AO thereafter analysed the income/loss from different sources and concluded that as per the income criteria, the gross total income of the assessee does not consist mainly of Income other than Income from Business

DCIT, CIRCLE -8, KOLKATA, KOLKATA vs. M/S. OBEROI HOTELS PVT. LTD., KOLKATA

In the result, assessee’s appeals in ITA Nos

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

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

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

In the result, assessee’s appeals in ITA Nos

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

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