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8 results for “disallowance”+ Section 40A(2)(a)clear

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Key Topics

Section 40A(3)11Section 260A8Section 43B7Section 143(3)6Section 80H4Deduction4Addition to Income4Section 403Disallowance3Section 133(6)

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

ITAT/89/2025HC Calcutta21 Jul 2025

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 :

For Appellant: Mr. Prithu Dudhoria, AdvocateFor Respondent: Mr. J.P. Khaitan, Senior Advocate
Section 14ASection 260ASection 37(1)Section 40a

disallowance of Rs.21,16,23,729/- of interest in terms of Section 14A of the Income Tax Act, 1961 read with Rule 8D (2)(ii) of the Income Tax Rules 1962, without considering the fact that the assessee was having interest bearing borrowings which were used for mixed purposes including investment and without appreciating the effect of the clarificatory amendment

2
Section 1952
Capital Gains2

COMMISSIONER OF INCOME TAX , KOL-II,KOLKATA vs. BHARTIYA HOTELS LTD

ITAT/170/2014HC Calcutta05 Jul 2022

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

Section 255(4)Section 260ASection 40A(3)

2 The revenue has raised the following substantial questions of law for consideration: i) Whether on the facts and circumstances of the case the Tribunal was justified in law to uphold the views of the Administrative Member holding, inter alia, that the provision of Section 40A(3) of the said Act could not be invoked? ii) Whether on the facts

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

ITAT/338/2016HC Calcutta05 Sept 2022

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

For Respondent: Mr. J. P. Khaitan, Sr. Adv
Section 143(3)Section 154Section 195Section 260ASection 40Section 5Section 50CSection 9

2. The assessee company is engaged in the business of manufacture and sale of various industrial and mechanical gases, cryogenic and non-cryogenic plants and vessels. A show cause notice was issued to the assessee alleging that tax was not deducted at source in terms of the provisions of Section 40(a)(ia) of the Act in respect

PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA - 4 vs. M/S STANDARD LEATHER PVT LTD

In the result, the appeal is dismissed and the substantial questions of

ITAT/133/2017HC Calcutta07 Jan 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE ANANDA KUMAR MUKHERJEE

For Appellant: Mr. Debasish Choudhury, AdvFor Respondent: Mr. Sukalpa Seal, Adv
Section 133(6)Section 143(3)Section 260ASection 40A(3)

2 (a) Whether on the facts and in the circumstances of the case, the Learned Income Tax Appellate Tribunal, ‘C’ Bench was correct in holding that the assessee was entitled to deduction in respect of raw hide purchases made in cash exceeding Rs.20,000/- u/s 40A(3) of the Income Tax Act, 1961 ? (b) Whether on the facts

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

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

ITAT/62/2017HC Calcutta03 Aug 2022

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

Section 142(1)Section 143(1)Section 143(2)Section 260A

disallowed either under Section 37(10 nor under 40A(ia) of the Act. Aggrieved by same, the revenue preferred appeal before the tribunal. The tribunal took into consideration the fact that certain documents were placed for the first time before the CIT(A) and after stating about what are irrelevant considerations held that evidence regarding the nature of service rendered

MA/S SKYSCRAPER PROJECTS PVT LTD. vs. ADDITIONAL COMMISSIONER OF INCOME TAX, CIRCLE-10(2), KOLKATA

ITAT/141/2025HC Calcutta28 Jul 2025

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

For Appellant: Mr. Anil Kumar Dugar, AdvocateFor Respondent: Mr. Prithu Dudhoria, Advocate
Section 142(1)Section 143(2)Section 143(3)Section 260ASection 43B

2) was issued. Subsequently, a questionnaire along with notice under section 142(1) was issued. The assessee appeared before the Assessing Officer and furnished the details. The first issue which was considered by the Assessing Officer is with regard to the profit from civil construction business. In accordance with the stand taken by the assessee, the Assessing Officer rejected

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

Accordingly, the appeal fails and it is dismissed

ITAT/230/2017HC Calcutta14 Dec 2021

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

Section 260Section 32Section 40A(9)

40A(9) of the Act? c) Whether on the facts and circumstances of the case and in law, the Learned Income Tax Appellate Tribunal, “C” Bench, was justified in reversing the finding of CIT (Appeals) in deleting the addition

C.I.T CENTRAL I vs. J. K. INDUSTRIES LTD.

ITA/268/2005HC Calcutta07 Feb 2023

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

Section 115JSection 260ASection 40A(9)Section 80H

Section 40A(9) of the Income Tax Act, 1961 and in that view deleting the disallowance of Rs.17,05,646/- ? 2