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7 results for “section 68”+ Section 14Aclear

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Key Topics

Section 14A16Section 6814Section 260A8Addition to Income7Section 406Section 115J4Section 804Disallowance4Section 92B3Section 9(1)

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

ITAT/28/2024HC Calcutta26 Feb 2024

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

Section 14ASection 260ASection 68

68 o the Act, which order was affirmed by the Tribunal and whether the CITA was right in allowing the appeal filed by the assessee and directed the assessing officer to restrict the disallowance under Section 14A

3
Deduction2

PRINCIPAL COMM OF INCOME TAX 1, KOL vs. M/S SURYA ALLOYS INDUSTRIES LTD

In the result, the appeal (ITAT No

ITAT/192/2017HC Calcutta07 Feb 2022

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

Section 14ASection 260ASection 36(1)Section 68

68 of the I.T. Act, 1961, by disregarding and ignoring that on 31.3.10 the share applicants did not have the required money to subscribe the shares of the assessee company and the transactions in question were mere paper transaction and creditworthiness of the parties did not exist ? (ii) Whether on the facts and in the circumstances of the case

PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL)-2, KOLKATA vs. M/S. R.M.COMMERCIAL PVT LTD

The appeal is dismissed

ITAT/158/2021HC Calcutta09 Feb 2022

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 9Th February, 2022 Appearance :- Mr. Debasish Chowdhury, Adv. … For Appellant Mr. J.P. Khaitan, Sr. Adv. Ms. Swapna Das, Adv. Mr. Siddhartha Das, Adv. … For Respondent

Section 14ASection 260ASection 68

68 of the Act and whether the 4 Commissioner of Income Tax (Appeal) [CIT(A)] and the Tribunal were justified in deleting the said addition. The second question pertains to whether Section 14A

PRINCIPAL COMMISSIONER OF INCOME TAX 1 KOLKATA vs. TRUE MAN CONSULTANTS PVT LTD

ITAT/203/2024HC Calcutta25 Apr 2025

Bench: : The Hon’Ble The Chief Justice T.S. Sivagnanam & The Hon’Ble Justice Chaitali Chatterjee (Das) Date: 25Th April, 2025 Appearance: Mr. Prithu Dudhoria, Adv. …For Appellant Mr. V. N. Dubey, Adv. (Vc) Mr. Arani Guha, Adv. Mr. Tanay Ghosh, Adv. …For Respondent

Section 14ASection 260ASection 68

14A of 2 the I.T. Act, 1961 without giving due weightage to the unjustified payment of high premium to acquire shares of a seemingly unprospective company and doubtful creditworthiness of share subscriber without considering the ratio laid down in the case of Principal Commissioner of Income Tax (Central) – 1 Vs. NRA Iron & Steel (P) Ltd., reported in (2019) 103 taxmann.com

PRINCIPAL COMMISSIONER OF INCOME TAX 2 KOLKATA vs. M/S KESORAM INDUSTRIES LTD

In the result, the appeal is dismissed and it is held that substantial

ITAT/244/2022HC Calcutta20 Dec 2022

Bench: :

Section 115JSection 143(3)Section 14ASection 260ASection 80Section 92B

section 92BA and 92F of the Income Tax Act, 1961 and relevant judicial pronouncement of the jurisdictional High Court? D) Whether on the facts and circumstances of the case and in law the Learned Income Tax Appellate Tribunal is erred in not appreciating that arm’s length price and fair market value are two different concepts and the role

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

ITAT/39/2020HC Calcutta17 Jan 2022

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

Section 14ASection 194HSection 195Section 2Section 2(47)Section 260ASection 40Section 50BSection 9(1)

14A? (viii) Whether on the facts and in the circumstances of the case, the Learned Tribunal erred in law in deleting the addition on account of interest amounting to Rs.3,80,69,705/- being 12% of interest free advances given to subsidiary companies for non business purpose based on the presumption that those advances were made by the assessee

PRINCIPAL COMMISSIONER OF INCOME TAX 2, KOLKATA vs. M/S KESORAM INDUSTRIES LTD

In the result, the appeal is dismissed and it is held that substantial

ITAT/67/2022HC Calcutta20 Dec 2022

Bench: :

Section 115JSection 143(3)Section 14ASection 260ASection 68Section 80ISection 92B

section 68 of the Income Tax Act, 1961, stating that the said ground was not relevant to the order of the lower authorities ? We have heard Mr. Prithu Dudhoria, learned standing counsel appearing for the appellant/revenue and Mr. J.P. Khaitan, learned Senior Advocate for the respondent/assessee. It is pointed out by the learned Senior Counsel appearing for the respondent/assessee