THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI vs. M/S. NUMALIGARH REFINERY LTD., GUWAHATI

In the result, appeals of the assessee in I

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

23,636/- Ground No. 6 A.Y. 2010-11 Rs. 156,85,51,986/- Ground No. 4 A.Y. 2011-12 Rs. 156,46,99,775/- Ground No. 1 A.Y. 2012-13 Rs. 150,01,80,829/- Ground No. 1 A.Y. 2013-14 Rs. 132,81,10,853/- (2) Disallowance of claim of deduction under section

M/S. NUMALIGARH REFINERY LTD.,GUWAHATI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, appeals of the assessee in I

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

23,636/- Ground No. 6 A.Y. 2010-11 Rs. 156,85,51,986/- Ground No. 4 A.Y. 2011-12 Rs. 156,46,99,775/- Ground No. 1 A.Y. 2012-13 Rs. 150,01,80,829/- Ground No. 1 A.Y. 2013-14 Rs. 132,81,10,853/- (2) Disallowance of claim of deduction under section

M/S. NUMALIGARH REFINERY LTD.,GUWAHATI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, appeals of the assessee in I

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

23,636/- Ground No. 6 A.Y. 2010-11 Rs. 156,85,51,986/- Ground No. 4 A.Y. 2011-12 Rs. 156,46,99,775/- Ground No. 1 A.Y. 2012-13 Rs. 150,01,80,829/- Ground No. 1 A.Y. 2013-14 Rs. 132,81,10,853/- (2) Disallowance of claim of deduction under section

M/S. NUMALIGARH REFINERY LTD.,GUWAHATI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, appeals of the assessee in I

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

23,636/- Ground No. 6 A.Y. 2010-11 Rs. 156,85,51,986/- Ground No. 4 A.Y. 2011-12 Rs. 156,46,99,775/- Ground No. 1 A.Y. 2012-13 Rs. 150,01,80,829/- Ground No. 1 A.Y. 2013-14 Rs. 132,81,10,853/- (2) Disallowance of claim of deduction under section

M/S. NUMALIGARH REFINERY LTD.,GUWAHATI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, appeals of the assessee in I

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

23,636/- Ground No. 6 A.Y. 2010-11 Rs. 156,85,51,986/- Ground No. 4 A.Y. 2011-12 Rs. 156,46,99,775/- Ground No. 1 A.Y. 2012-13 Rs. 150,01,80,829/- Ground No. 1 A.Y. 2013-14 Rs. 132,81,10,853/- (2) Disallowance of claim of deduction under section

M/S. NUMALIGARH REFINERY LTD.,GUWAHATI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, appeals of the assessee in I

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

23,636/- Ground No. 6 A.Y. 2010-11 Rs. 156,85,51,986/- Ground No. 4 A.Y. 2011-12 Rs. 156,46,99,775/- Ground No. 1 A.Y. 2012-13 Rs. 150,01,80,829/- Ground No. 1 A.Y. 2013-14 Rs. 132,81,10,853/- (2) Disallowance of claim of deduction under section

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI vs. M/S. NUMALIGARH REFINERY LTD., GUWAHATI

In the result, appeals of the assessee in I

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

23,636/- Ground No. 6 A.Y. 2010-11 Rs. 156,85,51,986/- Ground No. 4 A.Y. 2011-12 Rs. 156,46,99,775/- Ground No. 1 A.Y. 2012-13 Rs. 150,01,80,829/- Ground No. 1 A.Y. 2013-14 Rs. 132,81,10,853/- (2) Disallowance of claim of deduction under section

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI vs. M/S. NUMALIGARH REFINERY LTD., GUWAHATI

In the result, appeals of the assessee in I

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

23,636/- Ground No. 6 A.Y. 2010-11 Rs. 156,85,51,986/- Ground No. 4 A.Y. 2011-12 Rs. 156,46,99,775/- Ground No. 1 A.Y. 2012-13 Rs. 150,01,80,829/- Ground No. 1 A.Y. 2013-14 Rs. 132,81,10,853/- (2) Disallowance of claim of deduction under section

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 03, GUWAHATI vs. NUMALIGARH REFINERY LIMITED, GUWAHATI

In the result, appeals of the assessee in I

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

23,636/- Ground No. 6 A.Y. 2010-11 Rs. 156,85,51,986/- Ground No. 4 A.Y. 2011-12 Rs. 156,46,99,775/- Ground No. 1 A.Y. 2012-13 Rs. 150,01,80,829/- Ground No. 1 A.Y. 2013-14 Rs. 132,81,10,853/- (2) Disallowance of claim of deduction under section

NUMALIGARH REFINERY LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 03, GUWAHATI

In the result, appeals of the assessee in I

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

23,636/- Ground No. 6 A.Y. 2010-11 Rs. 156,85,51,986/- Ground No. 4 A.Y. 2011-12 Rs. 156,46,99,775/- Ground No. 1 A.Y. 2012-13 Rs. 150,01,80,829/- Ground No. 1 A.Y. 2013-14 Rs. 132,81,10,853/- (2) Disallowance of claim of deduction under section

JYOTI PRAKASH DAS,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2017-18 Jyoti Prakash Das Dcit, Circle-3, Guwahati Kumud Enclave, Nawaram Vs. Kakati Path, Rehabari, Guwahati-781008. Pan: Ajipd 5193 Q (Appellant) (Respondent) Present For: Appellant By : Shri Ramesh Goenka, Advocate Respondent By : Shri Arun Bhowmick, Jcit Date Of Hearing : 31.08.2023 Date Of Pronouncement : 31.08.2023 O R D E R Per Sonjoy Sarma, Jm: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 07.02.2020 Of Ld. Cit(A), Guwahati-2 Passed U/S 250 Of The Income Tax Act [Hereinafter Referred To As The ‘Act’]. The Assessee Has Raised The Following Grounds Of Appeal: “1(A). That Neither The Learned Assessing Officer Was Justified In Making Disallowance Of Rs. 1,43,73,603/- On Account Of Proportionate Direct Expenses & Adding The Same In The Closing Stock Of The Appellant Nor The Learned Cit(A) Was Justified In Confirming The Aforesaid Disallowance/Addition.

disallowance under section 40A (3) was to be made in respect of payment made to principal- Held, yes [ Paras 21 to 23

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI vs. ABCI INFRASTRUCTURES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee for Assessment Year

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

23,72,494/- Deduction amounting to Rs. 78,01,892/- Disallowance u/s 14A Rs. 3,05,471/- 7. Being aggrieved, both the assessee and the revenue are now in appeal before the Tribunal. Ld. Counsel for the assessee referred to the detailed written submission and placed reliance on judgment’s mentioned therein and also stated that books of accounts have

ABCI INFRASTRUCTURES PRIVATE LIMITED,KOLKATA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI

In the result, the appeal of the assessee for Assessment Year

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

23,72,494/- Deduction amounting to Rs. 78,01,892/- Disallowance u/s 14A Rs. 3,05,471/- 7. Being aggrieved, both the assessee and the revenue are now in appeal before the Tribunal. Ld. Counsel for the assessee referred to the detailed written submission and placed reliance on judgment’s mentioned therein and also stated that books of accounts have

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI vs. ABCI INFRASTRUCTURES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee for Assessment Year

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

23,72,494/- Deduction amounting to Rs. 78,01,892/- Disallowance u/s 14A Rs. 3,05,471/- 7. Being aggrieved, both the assessee and the revenue are now in appeal before the Tribunal. Ld. Counsel for the assessee referred to the detailed written submission and placed reliance on judgment’s mentioned therein and also stated that books of accounts have

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI vs. ABCI INFRASTRUCTURES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee for Assessment Year

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

23,72,494/- Deduction amounting to Rs. 78,01,892/- Disallowance u/s 14A Rs. 3,05,471/- 7. Being aggrieved, both the assessee and the revenue are now in appeal before the Tribunal. Ld. Counsel for the assessee referred to the detailed written submission and placed reliance on judgment’s mentioned therein and also stated that books of accounts have

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI vs. ABCI INFRASTRUCTURES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee for Assessment Year

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

23,72,494/- Deduction amounting to Rs. 78,01,892/- Disallowance u/s 14A Rs. 3,05,471/- 7. Being aggrieved, both the assessee and the revenue are now in appeal before the Tribunal. Ld. Counsel for the assessee referred to the detailed written submission and placed reliance on judgment’s mentioned therein and also stated that books of accounts have

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, GUWAHATI vs. FORTUNE VANIJYA PRIVATE LIMITED, GUWAHATI

In the result both the appeal of the Revenue and the cross objections of the assessee stands partly allowed

Bench: Shri P.M. Jagtap, Hon’Ble V.P (Kz) & Shri A. T. Varkey, Jm]

23. In the present case, the Assessee had claimed that the assessments for the concerned assessment years were not pending on the date of recording of satisfaction by the AO and, therefore, would not abate by virtue of the second proviso to section 153A of the Act. Further, the period of six years would also have to be reckoned with

OIL INDIA LTD.,,DIBRUGARH vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2,, DIBRUGARH.

Bench: Shri S.S.Godara & Dr. A.L. Saini

disallowance. Mr. Jain took us to page 214 in the assessee’s paper book comprising of its Form 10CCB audit report (revised) making it clear that it had in fact raised sec. 80IB(4) deduction claim than sec. 80IB(a) (supra) of the Act. Page 219 (internal page 6) thereafter also contains the assessee’s specific response to clause