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

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 32(1)(iia) could be allowed on same in that year, balance additional depreciation of 10% could be allowed on these assets in the relevant subsequent year 2009-10. The operative portion of the decision reads as follows:- 7. The assessee preferred an appeal before the Commissioner of Income-tax [Appeals]-I CIT (A), Chennai, who by order dated

COMMISSIONER OF INCOME TAX (EXEMPTION) , KOLKATA vs. B.P.PODDAR FOUNDATION FOR EDUCATION

In the result, the appeal filed by the revenue is dismissed and the

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

24,39,709/- was treated as income by invoking Section 13(1)(b) read with Section 11(5) of the Act. The next aspect which was enquired into/ discussed was with regard to the genuineness of the activities of the assessee as to whether it was in accordance with the objects of the trust. After taking into consideration, the statements

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

In the result the appeals in so far as the assessment

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

depreciation was not based on incriminating material ignoring the fact that these additions were not made by the assessing officer in the assessment order and for making these additions, there is no requirement of incriminating material as per the provisions of Section 153A of the Income Tax Act, 1961 ? (b) Whether in the facts and circumstances of the case

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

In the result, the substantial questions of law framed

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

24,49,403/- in the Assessment Year 2009-10 based on the facts or difference in sales as per tax audit report/payment made to persons specified under Section 40A(2)(b) of the Income Tax Act, 1961 to M/s. Shalimar Hatcheries Ltd. as submitted by the assessee itself ? v) Whether the Income Tax Appellate Tribunal erred in allowing 30% depreciation

COMMISSIONER OF INCOME TAX, KOL-I, KOL vs. M/S. JINDAL INDIA LTD.

In the result, the appeal filed by the revenue

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 16Th March, 2023 Appearance : Mr. Smarajit Roychowdhury, Adv. ...For The Appellant. Mr. J. P. Khaitan, Sr. Adv. Mr. Sanjoy Bhowmick, Adv. Ms. Swapna Das, 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 30Th November, 2010 Passed By The Income Tax Appellate Tribunal, “A” Bench, Kolkata (The Tribunal) In Ita No.368 & 369/Kol/2010 Years 2005- 06 & 2006-07. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration:

24,80,600/- for the assessment year 2005-06 and Rs.18,32,288/- for assessment year 2006-07 as ‘deemed dividend’ by misinterpreting the provisions contained in Section 2(18)(b)(B)(c) and Section 2(22)(e) of the Income Tax Act ? We have heard Mr. Smarajit Roychowdhury, learned standing counsel appearing for the appellant/revenue

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

In the result the appeal is partly allowed

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

depreciation was claimed in preceding assessment year on new plant and machinery which was put to use for less than 180 days, ignoring the reasoned order of the A.O. and relying on the assessee’s submission ? ii) WHETHER the Learned Tribunal has erred in law in holding that forex loss is allowance as expenditure under section

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

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

Section 260A of the Income Tax Act, 1961 (the Act, for brevity) is directed against the order dated 16th December, 2021 passed by the 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

PRINCIPAL COMMISSIONER OF INCOME TAX 1 KOLKATA vs. M/S GANESH REALTY AND MALL DEVELOPMENT PVT LTD

Accordingly, the appeal fails and the same stands dismissed

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

24 & 25 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE IA NO.GA/1/2021 ITAT 66/2021 PRINCIPAL COMMISSIONER OF INCOME TAX - 1, KOLKATA -Versus- M/S. GANESH REALTY AND MALL DEVELOPMENT PVT. LTD. IA NO.GA/2/2021 ITAT 66/2021 PRINCIPAL COMMISSIONER OF INCOME TAX - 1, KOLKATA -Versus- M/S. GANESH REALTY AND MALL DEVELOPMENT PVT. LTD. Appearance: Mr. Tilak Mitra