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

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Key Topics

Section 40A(3)11Section 260A7Section 43B7Section 143(3)6Addition to Income4Section 403Deduction3Section 133(6)2Section 1952Section 14A

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)

disallowed 20% of such payment 5 under Section 40A(3). However, the assessing officer was not in a position to actually

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
2
Disallowance2
Section 143(3)
Section 154
Section 195
Section 260A
Section 40
Section 5
Section 50C
Section 9

5 of 13 advances in the light of provision of Section 196 of the Income Tax Act, 1961? (b) Whether on the facts and in the circumstances of the case the Learned Income Tax Appellate Tribunal, “B” Bench Kolkata is a competent authority to judge the Valuation of Department of Valuation Officer who is an expert in the area

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

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

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

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)

disallowed the said claim and accordingly, added back the said claim while computing the assessment. The assessee carried out the matter on appeal before the Commissioner of Income Tax (Appeals)-XII [CIT(A)]. All the records which were placed before the assessing officer were once again placed before the [CIT(A)] and submissions were made on the facts

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

5 VAT/Service tax liability paid during the year which has already suffered tax on account of addition made under section 43B of the Act in the preceding year. Aggrieved by such order of remand passed by the learned Tribunal, the assessee has preferred the present appeal. The legal issue involved in this appeal has been decided by this Court

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