ACIT, Circle-5(1), Kolkata vs. Emami Realty Ltd.
Case No: ITA No.1457/Kol/2024
Court: Income Tax Appellate Tribunal, Kolkata Bench
Date: 1/12/2026
Parties Involved
appellantACIT, Circle-5(1), Kolkata
respondentEmami Realty Ltd.
Facts Summary
The assessee, Emami Realty Ltd., a publicly listed company engaged in real estate development, entered into a Joint Development Agreement with Oriental Sales Agencies (India) Pvt Ltd (OSAIPL) for a real estate project titled ‘Emami City’ in Jessore Road, Kolkata. A Scheme of Arrangement was filed before the NCLT, Kolkata, for the demerger of OSAIPL’s real estate undertaking into Emami Realty Ltd., which was approved by the NCLT with effect from 01.04.2019. The assessee accounted for the demerger…
Decision in favour of
Partly Assessee / Partly Revenue
Legal Issues
- 1. Whether the CIT(A) erred in deleting the addition of Rs. 374,53,83,754 made by the AO under Section 56(2) of the Act.
- 2. Whether the CIT(A) erred in not holding that the liabilities relatable to the real estate undertaking had not been correctly transferred.
7 more legal issues analysed in this judgement.
Precedents Relied Upon
5 precedents cited in this judgement.