DCIT, CIRCLE - 11, KOLKATA, KOLKATA vs. M/S. XPRO INDIA LTD., KOLKATA

In the result, Revenue’s appeal stands dismissed

Bench: Shri N.V.Vasusdevan & Shri Waseem Ahmedassessment Year :2005-06

1. On the facts and in the circumstance of the case and in law, Ld. CIT(A) erred in deleting the Capital Gain amounting to Rs.10,92,09,696/- u/s 50B of the IT Act treating the transfer slump sale as per provision of section 2(42C) of the IT Act. ITA No.214/Kol/2011 A.Y. 2005-06 DCIT

ACIT, CIRCLE - 1(1), KOLKATA, KOLKATA vs. M/S. MCNALLY BHARAT ENGINEERING COMPANY LIMITED, KOLKATA

Appeal is dismissed

Bench: Shri S. S. Godara, Jm & Dr. A. L. Saini, Am आयकर अपीलसं./I.T.A No.1369/Kol/2019 ("नधा"रण वष" / Assessment Year: 2009-10) Acit, Circle-1(1), Kolkata Vs. M/S. Mcnally Bharat Engineering Co. Ltd. 4, Mangoe Lane, 7Th Floor, Kolkata. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcm9443R (Appellant) .. (Respondent)

priced till the final execution of the work. Reliance was placed on decision of Calcutta High Court in Simplex Concrete Piles (India) P. Ltd. 8. I have gone through the order of the ld. A.O. and the submissions made by the ld. A.R. of the assessee. Undoubtedly, it is also observed that the Ld. CIT(Appeals)-22 had given relief

SAMIR KUMAR MAITY,HOWRAH vs. I.T.O WD - 48(2),KOLKATA, KOLKATA

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

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

1. That on facts and circumstances of the case and in law the Ld. CIT(A) has grossly erred in upholding the determination of Long Term Capital Gain at an amount of Rs.3727532/-, arrived at in the manner prescribed Vis 50B, even after specifically emphasizing and concluding the inapplicability of the section 50B to the very nature of transfer, effected

M/S AKZO NOBEL INDIA LTD. (FORMERLY KNOWN AS ICI INDIA LTD.),KOLKATA vs. THE DCIT, CIRCLE - 10, KOLKATA, KOLKATA

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

50B considering the decision of the Hon’ble ITAT in the assessee’s own case in ITA No.1020/Kol/2007 dated 29.02.2008 and concluded that the issue of determining opening WDV of Plant & Machinery is consequential to the order passed for AY 2006-07, whereas appeal against the decision of the CIT(A)in respect of issue of sale of rubber chemical

D.C.I.T CIR - 10,KOLKATA, KOLKATA vs. M/S ICI INDIA LTD, KOLKATA

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

50B considering the decision of the Hon’ble ITAT in the assessee’s own case in ITA No.1020/Kol/2007 dated 29.02.2008 and concluded that the issue of determining opening WDV of Plant & Machinery is consequential to the order passed for AY 2006-07, whereas appeal against the decision of the CIT(A)in respect of issue of sale of rubber chemical

ACID, CIRCLE-5(1), KOLKATA, KOLKATA vs. EMAMI REALTY LIMITED, KOLKATA

In the result, both the appeal of the Revenue and cross objections of the assessee are\ndismissed

price of Rs.90/share and therefore even going by the logic\npropounded by NFAC, there was no undervaluation of shares and thus it could not be\nalleged that the appellant had issued inadequate value of shares in lieu of the real estate\nundertaking received under the scheme of demergerto invoke the rigors of Section