PRINCIPAL COMMISSIONER OF INCOME TAX -3, KOLKATA vs. M/S. ITC LIMITED

Appeal is allowed to the extent indicated

Bench: HON'BLE JUSTICE SURYA PRAKASH KESARWANI,HON'BLE JUSTICE RAJARSHI BHARADWAJ

Section 32 of the Act 1961, held it to be a “license”. In the present set of facts the question of nomination or transfer of license is not involved. Even at the time of execution of the operating license agreement in question no amount was paid by ITC to ELEL as cost of acquisition of license. 19. M/S ELEL

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

The appeal stands dismissed

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

2 “a) Whether on the facts and in the circumstances of the case the Learned Income Tax Appellate Tribunal, “B” Bench, Kolkata, has erred in law in allowing the additional depreciation @20% under Section 32

THE COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION & TRA vs. JOY PARTNERSHIP MINING CENTRE

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani

32 or sub-section (3) of section 32A or clause (ii) of sub-section (1) of section 72 or section 73 or section 74 or sub-section (3) of section 74A. (4) Every company to which this section applies, shall furnish a report in the prescribed form from an accountant as defined in the Explanation below sub-section (2

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

The appeal stands disposed of on

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

2 i) Whether on the facts and in the circumstances of the case the Learned Tribunal was justified in law in holding the additional depreciation under Section 32

COMMISSIONER OF INCOME TAX (EXEMPTION) KOLKATA vs. INTEGRATED EDUCATION & RESEARCH CENTRE FOR ENGINEERING & MAN

The appeal stands dismissed

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Bivas Pattanayak Date : 28Th July, 2022 Appearance : Mr. Soumen Bhattacharjee, Adv. ….For Appellant Mr. Dwip Raj Basu, 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 1St June, 2016, Passed By The Income Tax Appellate Tribunal “C” Bench, Kolkata In Ita No. 620/Kol/2016 For The Assessment Year 2012-13. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration. I) Whether On The Facts & In The Circumstances Of The Case, The Learned Tribunal Erred In Law In Not Considering That Allowing Depreciation In Respect Of A Depreciable Asset For Which The Assessee

depreciable asset for which the assessee 2 has already claimed deduction under section 35(2)(iv) of the Income Tax Act being acquired for charitable purpose is permissible under section 32

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

Accordingly, the appeal fails and it is dismissed

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

2) was issued on 07.10.2004. Subsequently, notice under section 142(1) along with a questionnaire was issued on 31.12.2004, the case was discussed with the authorized representative of the assessee. The Assessing Officer on considering the following issues completed the Assessment by order dated 30.03.2006. The different heads under which the assessments were completed are as here under:- (i) Depreciation

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

In the result, we find that question no

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

depreciation under Section 32(1)(iia). The Tribunal had taken note of the decision of this Court in the case of CIT Vs. G. S. Atwal & Company in 254 ITR 592 for the proposition that mining of coal is production. Applying the said decision the Tribunal granted relief to the assessee. This issue has also been settled

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

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

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

2 and find the reasons given for the inordinate delay are far from satisfactory. However, learned standing Counsel appearing for the appellant requested that the Court may consider the merits of the matter. The learned Counsel for respondent was also willing for such course being adopted. Therefore, we exercise the discretion and condone the delay. ITAT/173/2021 This appeal filed

M/S. SELVEL ADVERTISING PVT. LTD. vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 12, KOLKATA

Accordingly, the appeal (ITAT/75/2010) stands dismissed

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

2) of the Income Tax Act, 1961 for ten consecutive assessment years i.e., nine subsequent consecutive years after the initial Assessment Year 2004-05 in which deduction was allowed for the first time? ii) Whether, the Learned Income Tax Appellate Tribunal “A” Bench, Kolkata ought not to reject the cross- objections filed by the Assessee for the Assessment Year

THE PRINCIPAL COMMISSIONER OF INCOME TAX-4, KOLKATA vs. M/S. EPCOS INDIA PVT. LTD.

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

depreciation loss beyond the period of eight years in contravention to the amendment made in sub-section 2 of Section 32

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

2 depreciation, pertaining to the machinery purchased in Financial Year 2008-2009, in Assessment Year 2010-2011 was rightly made and was as per the extant provisions of law ? (iii) Whether on the facts and circumstances of the case, the Learned Income Tax Appellate Tribunal has erred on facts as well as in law in deleting the disallowance

PRINCIPAL COMMISSIONER OF INCOME TAX-2, KOLKATA vs. KESORAM INDUSTRIES LTD.

The appeal is dismissed

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani

2 capital loss under Section 28 read with Section 36(1)(vii) of the Act? (II) Whether on the facts and in the circumstances of the case the assessee could claim enhanced depreciation after the introduction of Explanation 5 to Section 32

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

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

depreciation without considering the third proviso to section 32(1)(ii) which came into effect on 1st April, 2016 by virtue of the Finance Act, 2016 without retrospective effect ? (iv) Whether on the facts and circumstances of the case the Learned Income Tax Appellate Tribunal is justified in law in properly not applying the test of application of ITAT/40/2020

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

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

depreciation without considering the third proviso to section 32(1)(ii) which came into effect on 1st April, 2016 by virtue of the Finance Act, 2016 without retrospective effect ? (iv) Whether on the facts and circumstances of the case the Learned Income Tax Appellate Tribunal is justified in law in properly not applying the test of application of ITAT/40/2020

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

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

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:

2 (i) Whether the Learned Income Tax Appellate Tribunal erred in law in determining the payment under the head of management support service at Arm’s Length Price when the provision of Section 92C of the Income Tax Act, 1961, and read with rule 10B & Rule 10C of the Income Tax Rules, 1962, allows for “Reliable and accurate adjustment

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:

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 and Mr. J. P. Khaitan, learner Senior Counsel assisted by Mr. Sanjoy Bhowmick

SAUMABHA DASGUPTA vs. THE COMMISSIONER OF INCOME TAX (APPEAL) 6 KOLKATA AND ANR

Bench: The Hon’Ble Justice Harish Tandon The Hon’Ble Justice Prasenjit Biswas Date: 5Th July, 2023 Appearance Mr. Raghunath Das, Advocate Ms. Monalisa Das, Advocate ….For The Appellant Mr. Prithu Dudheria, Advocate …For The Respondents The Court: This Is Virtually A Second Round Of Litigation Before This Court, Assailing An Order Of Income Tax Appellate Tribunal, Kolkata Bench “Sms” Kolkata Dismissing The Appeal Filed By The Assessee/Petitioner Pertaining To The Assessment Year 2009-10. While Filing The Income Tax Return, The Petitioner Disclosed The Income & Further Deducted The Amount Of Interest Paid On Personal Loan & Other Loans. At The Time Of Scrutiny, It Was Found That Substantial Amount Of Money Was Deposited In Cash With The Savings Bank Account By The Petitioner Who Is Admittedly A Medical Practitioner & Purchased A Ct Scan Machine For His Profession Or Business. The Department Was Of The View That The Personal Loan Cannot Be Equated With The Business Loan Where The Interest Is An Allowable

2 expenditure and added the component of the interest to the income and made an assessment of the tax payable by the petitioner. The Appellate Tribunal concurred with the decision of the assessing officer, which was further challenged by the petitioner before the Tribunal. The Tribunal succinctly jotted down the core issues involved therein. The first issue relates

PRINCIPAL COMMISSIONER OF INCOME TAX 5,KOLKATA vs. ADITYA SARAF HUF

Bench: The Hon’Ble Justice Harish Tandon The Hon’Ble Justice Prasenjit Biswas Date: 5Th July, 2023 Appearance Mr. Raghunath Das, Advocate Ms. Monalisa Das, Advocate ….For The Appellant Mr. Prithu Dudheria, Advocate …For The Respondents The Court: This Is Virtually A Second Round Of Litigation Before This Court, Assailing An Order Of Income Tax Appellate Tribunal, Kolkata Bench “Sms” Kolkata Dismissing The Appeal Filed By The Assessee/Petitioner Pertaining To The Assessment Year 2009-10. While Filing The Income Tax Return, The Petitioner Disclosed The Income & Further Deducted The Amount Of Interest Paid On Personal Loan & Other Loans. At The Time Of Scrutiny, It Was Found That Substantial Amount Of Money Was Deposited In Cash With The Savings Bank Account By The Petitioner Who Is Admittedly A Medical Practitioner & Purchased A Ct Scan Machine For His Profession Or Business. The Department Was Of The View That The Personal Loan Cannot Be Equated With The Business Loan Where The Interest Is An Allowable

2 expenditure and added the component of the interest to the income and made an assessment of the tax payable by the petitioner. The Appellate Tribunal concurred with the decision of the assessing officer, which was further challenged by the petitioner before the Tribunal. The Tribunal succinctly jotted down the core issues involved therein. The first issue relates