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5 results for “disallowance”+ Section 40A(2)(b)clear

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Key Topics

Section 260A5Section 143(3)5Section 403Addition to Income3Section 133(6)2Section 1952Section 14A2Deduction2Disallowance2

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

40a(ii) nor allowable as business expenditure under any provision of the Act, including Section 37(1) of the Act being the personal liability of the assessee? 4 (h) Whether the Learned Income Tax Appellate Tribunal was justified in law in admitting fresh claim of ESOP raised by the assessee which was not made in the return of income

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

B of the Act. Page 8 of 13 17. Section 40 starts with a non obstante clause. It provides that certain amounts which are otherwise allowable as deductions under Sections 30 to 38 of the Income Tax Act shall not be deducted in computing the income charging under the head profits and gains of business or profession unless

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

B” Bench, Kolkata (the Tribunal) in ITA No. 1677/Kol/2011 for the assessment year 2007-08. The revenue has framed the following substantial question of law for consideration :- i) Whether on the facts and in the circumstances of the case the Learned Tribunal was justified in law in upholding the order of the CIT(A) in deleting the additions

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)

b) Whether of the facts and circumstances of the case and in law, the Learned Income Tax Appellate Tribunal, “C” Bench, ITAT 230 of 2017 Page 3 of 14 was justified in reversing the finding of CIT (Appeals) in deleting the addition