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29 results for “depreciation”+ Addition to Incomeclear

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Key Topics

Addition to Income28Section 260A25Depreciation24Section 14A14Section 26312Section 32(1)(iia)11Deduction11Disallowance9Section 80I8Section 32

PRINCIPAL COMMISSIONER OF INCOME TAX-2, KOLKATA vs. MCLEOD RUSSEL INDIA LTD.

Would be that the agricultural income itself would become liable

ITAT/378/2017HC Calcutta30 Nov 2021

Bench: : The Hon’Ble Justice T.S. Sivagnanam A N D The Hon’Ble Justice Hiranmay Bhattacharyya Date: November 30, 2021. Appearance : Mr. P. K. Bhowmik, Adv. Mr. Soumen Bhattacharjee, Adv. … For The Appellant Mr. Asim Chaudhury, Adv. …For The Respondent The Court : This Appeal By The Revenue Filed Under Section 260A Of The Income Tax Act, 1961 (The Act, In Brevity) Is Against The Order Dated 8Th October, 2015 Passed By The Income Tax Appellate Tribunal “C” Bench, Kolkata In Ita Nos. 262 & 263/Kol/2013 For The Assessment Years 2008-09 & 2009-10. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration:

Section 112Section 115WSection 260A

depreciation “actually allowed.” Hence we find no merit in the civil appeals filed by the Department.” The next judgment cited by Mr. Majumdar in the case of Jayshree Tea and Industries Limited vs. Union of India reported in 285 ITR 506 (Cal) wherein a Division Bench of this Court held that Rule 8 was applicable to the additional income

Showing 1–20 of 29 · Page 1 of 2

8
Section 133(6)7
Section 115J5

PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL-1), KOLKATA vs. RAMKRISHNA FORGING LTD

ITAT/49/2020HC Calcutta27 Jul 2022

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Bivas Pattanayak Date : 27Th July, 2022 Appearance : Mr. Tilak Mitra, Adv., ….For Appellant Mr. S.M. Surana, Adv. Ms. Swapna Das, Adv. Mr. Siddhartha Das, Adv. …For Respondent The Court : This Appeal Filed By Revenue Under Section 260A Of The Income Tax Act, 1961 (The Act) Is Directed Against The Order Dated 13Th February 2019 Passed By The Income Tax Appellate Tribunal “A” Bench, Kolkata In I.T.(Ss).A. No. 09 (Kol) Of 2017 Relating To The A.Y. 2010-2011.. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration :- (I) Whether On The Facts & Circumstances Of The Case, The Provision For Allowing Additional Depreciation Of Remaining 50% Is Allowable In The Subsequent Year I.E. Assessment Year 2010-11, Although The Statute Allowed The Same W.E.F. 01.04.2016 ? (Ii) Whether On The Facts & Circumstances Of The Case, The Learned Income Tax Appellate Tribunal Erred On Facts By Not Appreciating The Legal Provisions That Disallowance Of The Claim Of The Remaining Additional

Section 260ASection 32(1)(iia)

Income Tax Appellate Tribunal “A” Bench, Kolkata in I.T.(SS).A. No. 09 (kol) of 2017 relating to the A.Y. 2010-2011.. The revenue has raised the following substantial questions of law for consideration :- (i) Whether on the facts and circumstances of the case, the provision for allowing additional depreciation

PRINCIPAL COMMISSIONER OF INCOME TAX-1, KOLKATA vs. ANANDA BAZAR PATRIKA PVT LTD

Accordingly the appeal ITAT/173/2021 fails and is dismissed

ITAT/173/2021HC Calcutta24 Feb 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

Section 143(3)Section 260ASection 32(1)(iia)

Income Tax Appellate Tribunal “B” Bench (Tribunal) in ITA No.1121/Kol/2007 for the assessment year 2003-04. The revenue has raised the following substantial questions of law for consideration:- A. Whether the Learned Tribunal has committed substantial error in law by directing the Assessing Officer to allow additional depreciation

PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA 4.KOLKATA vs. M/S. V2 RETAIL LIMITED

The appeal stands disposed of on

ITAT/29/2017HC Calcutta04 Jan 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

Section 143(3)Section 260ASection 32

additional depreciation and clause (B) in the first proviso to Section 32(I)(iia) would not stand attracted. The Commissioner of Income

PRINCIPAL COMMISSIONER OF INCOME TAX,CENTRAL -1, KOLKATA vs. SHALIMAR PELLET FEEDS LTD.

In the result the appeals in so far as the assessment

ITAT/199/2018HC Calcutta07 Dec 2021

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

For Appellant: Ms. Sucharita Biswas, AdvFor Respondent: Mr. J. P. Khaitan, Sr. Adv
Section 153ASection 260ASection 263Section 80I

Income Tax Act, 1961 for the assessment years 2008-09 to 2011- 12 by holding the assessment orders for these assessment years passed by the assessing officer as not erroneous and prejudicial to interest of revenue as the direction of Pr CIT for making additions on account of additional depreciation

PRINCIPAL COMMISSIONER OF INCOME TAX-3 , KOLKATA vs. M/S. DAMODAR VALLEY CORPORATION

The appeal stands dismissed

ITAT/172/2017HC Calcutta17 Nov 2021

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

Section 260ASection 263Section 32(1)(iia)

Income Tax Appellate Tribunal, “B” Bench, Kolkata, has erred in law in allowing the additional depreciation @20% under Section 32(1)(iia) which

PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-1, KOLKATA vs. WEST BENGAL STATE ELECTRICITY TRANSMISSION CO. LTD.

The appeal stands dismissed

ITAT/155/2017HC Calcutta13 Dec 2021

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

Section 260ASection 263

Income Tax Act, 2 1961 on the issue of assessee’s claim of additional depreciation of Rs.19,26,87,056/- when

PRINCIPAL COMMISSIONER OF INCOME TAX CENTRAL 1 KOLKATA vs. M/S RAMKRISHNA FORGINGS LTD

In the result the appeal is partly allowed

ITAT/258/2022HC Calcutta08 Feb 2023

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 8Th February, 2023 Appearance : Mr. Tilak Mitra, Adv. …For Appellant Mr. S.M. Surana, Adv. Ms. Sapna Das, Adv. Mr. S. Das, Adv. …For Respondent

Section 260ASection 36Section 37Section 43(5)Section 43B

Income Tax Appellate Tribunal ‘A’ Bench Kolkata in ITA No.113/Kol/2017, CO No. 16/Kol/2017, A/o ITA 113/Kol/2017 relating to Assessment Year 2009-2010. The Revenue has raised the following substantial questions of law for consideration:- i) WHETHER the Learned Tribunal has erred in law in deleting the disallowance of 50% of additional depreciation

PRINCIPAL COMMISSIONER OF INCOME TAX 2 KOLKATA vs. M/S NATIONAL ENGINEERING INDUSTRIAL LTD

ITAT/70/2022HC Calcutta27 Jul 2022

Bench: : The Hon’Ble Justice T.S. Sivagnanam

Section 260A

Income Tax Appellate Tribunal, “C” Bench, Kolkata (Tribunal) in ITA No. 2109/Kol/2019 for the financial year 2015-16. The revenue has raised the following substantial question of law for consideration: “Whether on the facts and circumstances of the case the Learned Tribunal was justified in law in allowing the claim of balance additional depreciation

PRINCIPAL COMMISSIONER OF INCOME TAX -4, KOLKATA vs. M/S. RELIANCE CHEMOTEX INDUSTRIES LTD

In the result, the appeal filed by the revenue stands

ITAT/308/2018HC Calcutta17 Feb 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

Section 14ASection 260A

Income Tax (Appeals) – XX [CIT(A)] which has deleted the addition made by the assessing officer on three issues, namely, foreign travel expenses, claim for additional depreciation

PRINCIPAL COMMISSIONER OF INCOME TAX 2, KOLKATA vs. M/S KESORAM INDUSTRIES LTD

In the result, the appeal is dismissed and it is held that substantial

ITAT/67/2022HC Calcutta20 Dec 2022

Bench: :

Section 115JSection 143(3)Section 14ASection 260ASection 68Section 80ISection 92B

addition made under section 68 of the Income Tax Act, 1961, stating that the said ground was not relevant to the order of the lower authorities ? We have heard Mr. Prithu Dudhoria, learned standing counsel appearing for the appellant/revenue and Mr. J.P. Khaitan, learned Senior Advocate for the respondent/assessee. It is pointed out by the learned Senior Counsel appearing

PRINCIPAL COMMISSIONER OF INCOME TAX ,CENTRAL-2,KOLKATA vs. M/S. DHANSAR ENGINEERING CO.PVT LTD.

In the result, we find that question no

ITAT/343/2017HC Calcutta14 Dec 2021

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

Section 14ASection 153CSection 260ASection 32(1)(iia)Section 32A(2)(b)

depreciation under section 32(1)(iia) of the Act and allowed the deduction of Rs.6,93,39,027/- for the assessment year 2010-11 and its purported findings in this regard are arbitrary, unreasonable and perverse ? c) Whether on the facts and circumstances of the case the Tribunal was justified in law in deleting the additions of Rs.5

PRINCIPAL COMMISSIONER OF INCOME TAX 2 KOLKATA vs. M/S UNIVERSAL CABLES LTD

ITAT/183/2022HC Calcutta03 Nov 2022

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : November 03, 2022. Appearance: Mr. Prithu Dudhoria, Adv. …For Appellant Mr. J.P. Khaitan, Sr. Adv. Mr. Sanjay Bhowmick, Adv. Ms. Swapna Das, Adv. Mr. Siddhertha Das, Adv. …For Respondent The Court :- This Appeal Filed By The Assessee Under Section 260A Of The Income Tax Act, 1961 (The Act) Is Directed Against The Order Dated 30Th November, 2022 Passed By The Income Tax Appellate Tribunal “A” Bench, Kolkata In Itat No. 1461/Kol/2019 For The Assessment Years 2014-15. The Assessee Has Raised The Following Substantial Questions Of Law For Consideration :- I) Whether The Assessee Was Entitled To Get Benefit Of Additional Depreciation @10% Amounting To Rs.1,35,64,743/- On The Assets Purchased & Put To Use On Latter Half Of The Financial Year 2012-13 Or Not ? Ii) Whether The Provisions Of Sec. 14A R.W. Rules, 1962 Could Be Invoked To Determine The Expenses Related To The Exempt Income Or Not ? We Have Heard Mr. Prithu Dudhoria, Learned Counsel For The Appellant & Mr. J.P. Khaitan, Learned Senior Advocate Duly Assisted By Mr. Sanjay Bhowmick, Learned Counsel For The For The Respondent.

Section 14ASection 260A

Income Tax Appellate Tribunal “A” Bench, Kolkata in ITAT No. 1461/Kol/2019 for the assessment years 2014-15. The assessee has raised the following substantial questions of law for consideration :- i) Whether the assessee was entitled to get benefit of additional depreciation

PRINCIPAL COMMISIONER OF INCOME TAX CENTRAL 1 KOLKATA vs. M/S SHALIMAR PELLET FEEDS LIMITED

In the result, the substantial questions of law framed

ITAT/29/2021HC Calcutta04 Apr 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

Section 2Section 260ASection 40A(2)(b)Section 80I

Income Tax Act, 1961 and came to an erroneous decision that the assessee is entitled to additional depreciations claimed on plant

PRINCIPAL COMM OF INCOME TAX, ASANSOL vs. M/S EASTERN COALFIELDS LTD

Accordingly, the appeal fails and it is dismissed

ITAT/230/2017HC Calcutta14 Dec 2021

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

Section 260Section 32Section 40A(9)

depreciation? b) Whether of the facts and circumstances of the case and in law, the Learned Income Tax Appellate Tribunal, “C” Bench, ITAT 230 of 2017 Page 3 of 14 was justified in reversing the finding of CIT (Appeals) in deleting the addition

PRINCIPAL COMMISSIONER OF INCOME TAX-1 KOLKATA vs. M/S LANDIS GYR

In the result, the substantial questions of law (i)

ITAT/10/2021HC Calcutta03 Apr 2023

Bench: : The Hon’Ble Acting Chief Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 3Rd April, 2023 Appearance : Mr. Soumen Bhattacharjee, Adv. ...For The Appellant Mr. Asim Choudhury, Adv. Mr. Soham Sen, Adv. ...For The Respondent. The Court : This Appeal Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The ‘Act’ For Brevity) Is Directed Against The Order Dated October 17, 2018 Passed By The Income Tax Appellate Tribunal, “C” Bench, Kolkata (The Tribunal) In Ita No.524/Kol/2017 For The Assessment Year 2012-13. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration:

Section 260ASection 32Section 92C

Income Tax Appellate Tribunal was justified in granting relief to the assessee on addition of ₹34,05,322/- on the issue of “Depreciation

PRINCIPAL COMMISSIONER OF INCOME TAX, KOL-3, KOLKATA vs. SIKARIA INFRAPROJECTS PVT. LTD.

ITA/112/2018HC Calcutta24 Jun 2024

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani

Section 1Section 133(6)Section 44A

addition in income of Rs.9,29,49,804/-, as under: i) On account of inflated/bogus purchase from eight parties but notices under Section 133(6) of the Act, 1961: Rs.1,56,90,244/-. ii) On account of not producing eight parties by the assessee during assessment proceedings under Section 133(6) of the Act, 1961: Rs.66

PRINCIPAL COMMISSIONER OF INCOME TAX-4, KOLKATA vs. HINDUSTAN GUM AND CHEMICALS LTD

ITAT/40/2020HC Calcutta13 Jan 2021

Bench: HON'BLE JUSTICE RAJESH BINDAL, CHIEF JUSTICE (ACTING),HON'BLE JUSTICE ANIRUDDHA ROY

Section 14ASection 32(1)(ii)Section 37(1)

Income Tax Appellate Tribunal justified in law in allowing relief to the assessee company on account of additional depreciation without

PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-5, KOLKATA vs. M/S MERLIN RESOURCES PRIVATE LIMITED

ITA/40/2020HC Calcutta10 Dec 2020

Bench: HON'BLE JUSTICE I. P. MUKERJI,HON'BLE JUSTICE MD. NIZAMUDDIN

Section 14ASection 32(1)(ii)Section 37(1)

Income Tax Appellate Tribunal justified in law in allowing relief to the assessee company on account of additional depreciation without

PRINCIPAL COMMISSIONER OF INCOME TAX-1, KOLKATA vs. M/S. THE PEERLESS GENERAL FINANCE AND INVESTMENT CO. LTD.

In the result, the appeal is dismissed and the substantial questions of law

ITAT/174/2021HC Calcutta12 Sept 2022

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Supratim Bhattacharya Date : 12Th September, 2022 Appearance : Mr. Soumen Bhattacharjee, Adv. ….For Appellant Mr. Abhijit Chatterjee, Sr. Adv. Mr. Gopal Ram Sharma, Adv. …For Respondent The Court : This Appeal By The Revenue Filed Under Section 260A Of The Income Tax Act, 1961 (The Act, For Brevity) Is Directed Against The Order Dated 22Nd July, 2020, Passed By The Income Tax Appellate Tribunal, Kolkata Bench, `D Virtual Court’, Kolkata (Tribunal) In Ita No. 1486/Kol/2019, For The Assessment Year 2014-15. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration :- A. Whether The Learned Tribunal Has Committed Substantial Error In Law In Confirming The Decision Of Learned Commissioner Of Income Tax (Appeals) In Allowing Long Term Capital Loss Of Rs. 1,09,80,30,873/- On Transfer Of Government Securities After Applying Cost Inflation Index On Sale Of Government Securities & Holding He Government Securities Are Not Bond & Debentures For The Purpose Of 3Rd Proviso To Section 48 Of The Act (4Th Proviso After Amendment) Which Is Petently Wrong & Latently Irregular ?

Section 14ASection 260ASection 37(1)Section 40Section 48Section 50

depreciable assets under Section 50 of the Income Tax Act, 1961 thereby misread and misinterpreted the said provision of law and so the direction of Tribunal is perverse ? C. Whether the Learned Tribunal has committed substantial error in law in confirming the decision of Ld. CIT(A) for deleting the addition