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

The appeals are allowed and substantial

Bench: Us In These Two Appeals.

disallowance as the assessee had voluntarily disallowed a sum of Rs.10 lakhs for the assessment year 2008-09. So far as the assessment

PRINCIPAL COMMISSIONER OF INCOME TAX-3, KOLKATA vs. M/S. EIH LTD

In the result, the appeal filed by the revenue is

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

disallowed 0.5% of average investment by applying rule 8D of income tax rules and made disallowance of expenses under Section

COMMISSIONER OF INCOME TAX 14 KOLKATA vs. RAMESH CHAND GUPTA

In the result, the appeal filed by the revenue is

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

disallowed 0.5% of average investment by applying rule 8D of income tax rules and made disallowance of expenses under Section

PRINCIPAL COMM OF INCOME TAX -4, KOLKATA vs. M/S LINDE INDIA LIMITED

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

disallowance of Rs.72,89,71,972/- and directed deletion of the amount disallowed by the Assessing Officer on such account

PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL-1, KOLKATA vs. KARTICK BOSE

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE BIVAS PATTANAYAK

disallowance of a part of the expenses, the assessing officer completed the assessment by fixing the disallowance at 5% of Rs.84

PRINCIPAL COMMISSIONER OF INCOME TAX-3, KOLKATA vs. M/S. EIH LTD

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

disallowed 0.5% of average investment by applying rule 8D of income tax rules and made disallowance of expenses under section

COMMISSIONER OF INCOME TAX, KOL - IV vs. JCT. LTD.

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

disallowance was made with reference to above such advance. In such circumstances, whether the revenue can make disallowance or not. 10. From

PRINCIPAL COMMISSIONER OF INCOME TAX 2 PUNE vs. M/S NALCO WATER INDIA LTD ( FORMERLY NLC NALCO INDIA LTD

Accordingly, the appeal fails and the same is dismissed

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

disallowance of travelling and conveyance to 5% of total disallowance without considering the facts of the case as well as the 2 information

PRINCIPAL COMMISSIONER OF INCOME TAX CENTRAL 1 KOLKATA vs. M/S EDMOND FINVEST PVT LTD

Bench: : The Hon’Ble The Chief Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 26Th February, 2024. Appearance : Mr. Amit Sharma, Adv. …For Appellant Mr. Pratyush Jhunjhunwala, Adv. …For Respondent The Court :- Heard Learned Counsel On Both Sides. This Appeal Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The Act) Is Directed Against The Order Dated 16Th May, 2023 Passed By The Income Tax Appellate Tribunal ‘B’ Bench, Kolkata In I.T.A. No. 96/Kol/2021 For The Assessment Year 2015-2016. The Revenue Has Raised The Following Substantial Questions Of Low For Consideration :- I) Whether The Learned Income Tax Appellate Tribunal Has Committed Substantial Error In Law In Upholding The Order Of The Commissioner Of Income Tax (Appeals) Deleting The Addition Made Under Section 68 Of The Income Tax Act, 1961 On Account Of Unexplained Unsecured Loan Transactions & Interest Expense Corresponding To Such Unexplained Loan Transactions By Holding That The Assessing Officer

disallowance made under Section 14A of the Income Tax Act, 1961 without considering that disallowance under Section 14A of the Income

PRINCIPAL COMMISSIONER OF INCOME TAX 2 KOLKATA vs. BALMER LAWRIE AND CO LTD

In the result, the appeal filed by the revenue is dismissed on the ground

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

disallowed. The assessing officer records that the assessee did not offer any explanation. The assessing officer while completing the assessment

PRINCIPAL COMMISSIONER OF INCOME TAX-14, KOLKATA vs. PKS HOLDINGS

In the result, the appeal is partly allowed and the question nos

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

disallowed. Aggrieved by the same, the assessee preferred appeal before the Commissioner of Income tax (Appeals)-XXXVI, Kolkata [CIT(A)]. Though

PRINCIPAL COMMISSIONER OF INCOME TAX 9 KOLKATA vs. BINOD KUMAR TEKRIWAL

In the result, the appeals filed by the revenue are allowed and the

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Bivas Pattanayak Date : 15Th July, 2022. Appearance :- Mr. Soumen Bhattacharjee, Adv. ….For Appellant

disallowance of the entire fictitious purchases made through accommodation bills and there is no scope for partial disallowance under the said

PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S M C NALLY SAYAJI ENGINEERING LIMITED

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

disallowance for delayed payment of employees contribution to Provident Fund violating the provision of Section 36(1)(va) read with

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

In the result, the appeal filed by the revenue stands

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

disallow only a sum of Rs. 1,486/- under Section 14A on the ground that the disallowance under the said

PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-2, KOLKATA vs. WEST BENGAL INFRASTRUCTURE DEVELOPMENT FINANCE CORP. LTD.

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

disallowance under Section 14A of Income Tax Act, 1961 read with Rule 8D of Income Tax Rules, 1962 should be restricted

PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-4, KOLKATA vs. EVEREADY INDUSTRIES INDIA LIMITED

In the result, the appeal (ITAT/96/2017) fails and stands

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

disallowance of obsolete stock written off by the assessee; whether the CIT(A) was right in deleting the disallowance of expenses

COMMISSIONER OF INCOME TAX (IT & TP) vs. M/S. DONGFANG ELECTRIC CORPORATION

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani

disallowed in computing the total income under sub-section (4) of section 92C, then, the amount so added or disallowed

PRINCIPAL COMMISSIONER OF INCOME TAX 2 KOLKATA vs. M/S ZULU MERCHANDISE PVT LTD

The appeal is allowed the order passed by

Bench: THE HON'BLE THE CHIEF JUSTICE T.S SIVAGNANAM,HON'BLE JUSTICE CHAITALI CHATTERJEE (DAS)

disallowance of Rs. 51,33,870/- on account of share trading, without considering the facts that the assessee failed to prove