DCIT, CIRCLE-1, SILIGURI, SILIGURI vs. M/S GANGADHAR DEVELOPERS PVT. LTD., SILIGURI
In the result, the appeals of the revenue for assessment years 2008-09, 2009-10
ITA 1536/KOL/2016[2012-13]Status: DisposedITAT Kolkata10 Jan 2018AY 2012-13
Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Hon’Ble Shri M.Balaganesh, Am ] I.T.A Nos. 1533-1536/Kol/2016 Assessment Years : 2008-09, 2009-10, 2010-11 & 2012-13 Respectively Dcit, Circle-1, Siliguri -Vs- M/S Gangadhar Developers Pvt. Ltd. [Pan: Aaccg 0424 H] (Appellant) (Respondent)
For Appellant: Shri Arindam Bhattacharjee, Addl. CITFor Respondent: Shri Subash Agarwal, Advocate
Section 143(3)Section 14ASection 14A(2)
…o exempt income in respect of invest made in group companies has been upheld. (b) Reliance is also placed on the decision of the Hon’ble High Court of Kerala in the case of Commissioner of Income Tax, Thrissur vs. Catholic Syrian Bank Ltd. reported in (2011) 237 CTR 164 (Kerala) wherein it has been held that the Department is entitled to make disallowance of expenditure incurred for earning tax free income in cases where assessee do not maintain separate accounts for the investment and other expenditure incurred for earning tax free income. (c ) Reliance is placed on the ratio of judgment in the case of Dhanuka…