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

5. The order under Section 143(3) dated December 30, 2010 was rectified by the Assessing Officer on January 27, 2011 under the provisions of Section 154 of the said Act and the total income was revised at Rs.172,19,20,000/-. In the order passed under Section 143(3)/154 dated 27.01.2011 the disallowance under Section

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

Bench: The Learned Tribunal – One By The Assessee & The Other By The Revenue Which Have Been Disposed Of By A Common Order, Impugned In This Appeal. 2. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration :

10, 2024 passed by the Income Tax Appellate Tribunal “C” Bench, Kolkata (the Tribunal) in ITA No.1068/Kol/2017 & 1222/Kol/2017, both relating to the Assessment Year 2010-11. Two appeals have been filed before the learned Tribunal – one by the assessee and the other by the revenue which have been disposed of by a common order, impugned in this appeal

DEYS MEDICAL (U.P.) PRIVATE LIMITED vs. PRINCIPAL COMMISSIONER OF INCOME TAX CENTRAL 2 KOLKATA

Bench: HON'BLE JUSTICE RAJARSHI BHARADWAJ,HON'BLE JUSTICE UDAY KUMAR

disallowance of reimbursement claims aggregating to Rs. 2,86,88,459 towards sales promotion, advertisement and marketing expenses and Rs. 48,19,050 towards handling, storing and collection expenses, under Section 40(a)(ia) of the Income Tax Act, 1961 (hereinafter referred to as "the said Act"). 2. The appellant is a unit of the Dey's Medical Stores Group

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

The appeals are allowed and substantial

Bench: Us In These Two Appeals.

10(34) and they were called upon to explain why expenses related to dividend earned from shares held as investment be disallowed under Section 14A, as per formula provided in rule 8D of the Rules. The assessee had stated that they had voluntarily made a disallowance of Rs.10 lakhs. However, on going through the order of assessment dated

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

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

5 company without deducting tax at source under section 194H of the Income Tax Act? (x) Whether on the facts and in the circumstances of the case, the Learned Tribunal erred in law in deleting the disallowance under section 40(a)(i) of Rs.3,06,20,256/- paid as commission to non-resident by ignoring the fact that such commission

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

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani

disallowance on depreciation and thus the net profit came to 5 Rs.77,41,629/-. The loss carried forward by the assessee from previous year was Rs.2,88,71,747/- and after adjusting the aforesaid net profit, the loss carried forward for the next year was Rs.2,11,30,118/-. In the admitted facts of the case, the respondent assessee

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

5) of the Act and accordingly, disallowed the same. Further, the Assessing Officer observed that the transactions made through the stock broker had been held to be sham transactions when the Assessing Officer dealt with the issue relating to derivative loss and those findings will also be equally applicable to the issue relating to the loss in shares and securities

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

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani

5. V. Angidi Chattiar, 24 Shah, J., speaking for the court, while dealing with Section 28 of the Indian Income-tax Act, 1922, observed: "The power to impose penalty under Section 28 depends upon the satisfaction of the Income-tax Officer in the course of proceedings under the Act; it cannot be exercised if he is not satisfied about

PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA vs. POOJA JHUNJHUNWALA

In the result, these appeals are allowed and the substantial

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

5 of 150 IA NO. GA/2/2021 IN ITAT/78/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA VERSUS SUNITA GOYAL IA NO. GA/2/2021 IN ITAT/80/2021 PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-5 VERSUS RANJIKA GUPTA ITAT/85/2021 IA NO: GA/2/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-18, KOLKATA VERSUS SRI VIKASH GOEL ITAT/87/2021 IA NO: GA/2/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA VERSUS

PRINCIPAL COMMISSIONER OF INCOME TAX-15, KOLKATA vs. SMT. BABITA AGARWAL

In the result, these appeals are allowed and the substantial

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

5 of 150 IA NO. GA/2/2021 IN ITAT/78/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA VERSUS SUNITA GOYAL IA NO. GA/2/2021 IN ITAT/80/2021 PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-5 VERSUS RANJIKA GUPTA ITAT/85/2021 IA NO: GA/2/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-18, KOLKATA VERSUS SRI VIKASH GOEL ITAT/87/2021 IA NO: GA/2/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA VERSUS

PRINCIPAL COMMISSIONER OF INCOME TAX-18, KOLKATA vs. SRI VIKASH GOEL

In the result, these appeals are allowed and the substantial

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

5 of 150 IA NO. GA/2/2021 IN ITAT/78/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA VERSUS SUNITA GOYAL IA NO. GA/2/2021 IN ITAT/80/2021 PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-5 VERSUS RANJIKA GUPTA ITAT/85/2021 IA NO: GA/2/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-18, KOLKATA VERSUS SRI VIKASH GOEL ITAT/87/2021 IA NO: GA/2/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA VERSUS

PRINCIPAL COMMISSIONER OF INCOME TAX CENTRAL -1, KOLKATA vs. SURAJ SAHANA

In the result, these appeals are allowed and the substantial

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

5 of 150 IA NO. GA/2/2021 IN ITAT/78/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA VERSUS SUNITA GOYAL IA NO. GA/2/2021 IN ITAT/80/2021 PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-5 VERSUS RANJIKA GUPTA ITAT/85/2021 IA NO: GA/2/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-18, KOLKATA VERSUS SRI VIKASH GOEL ITAT/87/2021 IA NO: GA/2/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA VERSUS

PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA vs. AAYUSH JHUNJHUNWALA

In the result, these appeals are allowed and the substantial

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

5 of 150 IA NO. GA/2/2021 IN ITAT/78/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA VERSUS SUNITA GOYAL IA NO. GA/2/2021 IN ITAT/80/2021 PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-5 VERSUS RANJIKA GUPTA ITAT/85/2021 IA NO: GA/2/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-18, KOLKATA VERSUS SRI VIKASH GOEL ITAT/87/2021 IA NO: GA/2/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA VERSUS

PRINCIPAL COMMISSIONER OF INCOME TAX-12, KOLKATA vs. MUKTA AGARWAL

In the result, these appeals are allowed and the substantial

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

5 of 150 IA NO. GA/2/2021 IN ITAT/78/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA VERSUS SUNITA GOYAL IA NO. GA/2/2021 IN ITAT/80/2021 PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-5 VERSUS RANJIKA GUPTA ITAT/85/2021 IA NO: GA/2/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-18, KOLKATA VERSUS SRI VIKASH GOEL ITAT/87/2021 IA NO: GA/2/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA VERSUS

PR CIT 9, KOLKATA vs. MANISHA TIKMANI

In the result, these appeals are allowed and the substantial

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

5 of 150 IA NO. GA/2/2021 IN ITAT/78/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA VERSUS SUNITA GOYAL IA NO. GA/2/2021 IN ITAT/80/2021 PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-5 VERSUS RANJIKA GUPTA ITAT/85/2021 IA NO: GA/2/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-18, KOLKATA VERSUS SRI VIKASH GOEL ITAT/87/2021 IA NO: GA/2/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA VERSUS

PRINCIPAL COMMISSIONER OF INCOME TAX ,BURDWAN vs. BIJAYA TAH

In the result, these appeals are allowed and the substantial

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

5 of 150 IA NO. GA/2/2021 IN ITAT/78/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA VERSUS SUNITA GOYAL IA NO. GA/2/2021 IN ITAT/80/2021 PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-5 VERSUS RANJIKA GUPTA ITAT/85/2021 IA NO: GA/2/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-18, KOLKATA VERSUS SRI VIKASH GOEL ITAT/87/2021 IA NO: GA/2/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA VERSUS

PRINCIPAL COMMISSIONER OF INCOME TAX-SILIGURI vs. SHEKHAR AGARWAL

In the result, these appeals are allowed and the substantial

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

5 of 150 IA NO. GA/2/2021 IN ITAT/78/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA VERSUS SUNITA GOYAL IA NO. GA/2/2021 IN ITAT/80/2021 PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-5 VERSUS RANJIKA GUPTA ITAT/85/2021 IA NO: GA/2/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-18, KOLKATA VERSUS SRI VIKASH GOEL ITAT/87/2021 IA NO: GA/2/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA VERSUS

PRINCIPAL COMMISSIONER OF INCOME TAX, SILIGURI vs. PRAKASHO DEVI SARIA

In the result, these appeals are allowed and the substantial

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

5 of 150 IA NO. GA/2/2021 IN ITAT/78/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA VERSUS SUNITA GOYAL IA NO. GA/2/2021 IN ITAT/80/2021 PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-5 VERSUS RANJIKA GUPTA ITAT/85/2021 IA NO: GA/2/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-18, KOLKATA VERSUS SRI VIKASH GOEL ITAT/87/2021 IA NO: GA/2/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA VERSUS

PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL-1, KOLKATA vs. KRISHNA KUMAR PARSURAMKA

In the result, these appeals are allowed and the substantial

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

5 of 150 IA NO. GA/2/2021 IN ITAT/78/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA VERSUS SUNITA GOYAL IA NO. GA/2/2021 IN ITAT/80/2021 PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-5 VERSUS RANJIKA GUPTA ITAT/85/2021 IA NO: GA/2/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-18, KOLKATA VERSUS SRI VIKASH GOEL ITAT/87/2021 IA NO: GA/2/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA VERSUS