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

RAJESH KUMAR DROLIA (HUF) vs. COMMISSIONER OF INCOME TAX (CENTRAL) - III, KOLKATA

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani

depreciation in respect of such machinery or plant has been allowed or is allowable under the provisions of this Act in computing the total income of any person for any period prior to the date of the installation of the machinery or plant by the assessee. Explantation 2.— Where in the case of an industrial undertaking, any machinery or plant

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

M/S C AND E LIMITED vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX KOLKATA 4 KOLKATA

In the result, the appeal filed by the assessee is allowed and the order

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

depreciation in any order) as on first day of previous year in which substantial expansion took place was shown as Rs. 34,51,527.69/-. The value of increase in the plant and machinery in the year of substantial expansion was mentioned as Rs. 32,55,178.54/-. In ITAT 135 of 2023 REPORTABLE Page 7 of 13 Serial

PRINCIPAL COMMISSIONER OF INCOME TAX 1 KOLKATA vs. M/S BRITANNIA INDUSTRIES LTD

Accordingly, the appeal fails and is dismissed

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

Section 35, in the sub column A1 the figure debited to the statement of profit and loss has been shown as ITAT NO. 211 OF 2022 REPORTABLE Page 7 of 10 Rs. 219,556,764/- in column A(ii)the amount admissible (net depreciation and asset written off) Rs. 206, 111,599/- has been mentioned. In column

COMMISSIONER OF INCOME TAX, KOLKATA-I, KOLKATA vs. M/S. ISPAT INDUSTRIES LIMITED

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 4Th May, 2022. Appearance:- Mr. Prithu Dudheria, Adv.

section 154 as held by Hon’ble Supreme Court in the case of M.K. Venkatachalam Vs. Bombay Dying and Mfg. Co. Ltd. (34 ITR 143)? (d) Whether on the facts and in the circumstances of the case the Income Tax, Appellate Tribunal erred in law in upholding the order of CIT (A) in deleting the addition of Rs.5.84 crores made

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

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani

34,422/- from various parties which were claimed as deduction in its profit and loss account. The details of parties were furnished during the assessment proceedings. The assessing officer issued notice under Section 133(6) of the Income Tax Act, 1961 (hereinafter referred to such Act, 1961) to the parties for verification of the transaction with 3 the assessee. Assessing