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

8) Disallowance of claim of deduction for Interest paid u/s 234D of the Income Tax Act,1961.“ Interest on excess refund” Ground and Assessment Year Amount Ground No.(3 ) for the Assessment Year 2011- 12 ; Rs. 3,83,88,266/- Ground No.(2) for the Assessment Year 2012- 13; Rs. 6,54,39,202/- Ground No.(2) for the Assessment

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

8) Disallowance of claim of deduction for Interest paid u/s 234D of the Income Tax Act,1961.“ Interest on excess refund” Ground and Assessment Year Amount Ground No.(3 ) for the Assessment Year 2011- 12 ; Rs. 3,83,88,266/- Ground No.(2) for the Assessment Year 2012- 13; Rs. 6,54,39,202/- Ground No.(2) for the Assessment

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

8) Disallowance of claim of deduction for Interest paid u/s 234D of the Income Tax Act,1961.“ Interest on excess refund” Ground and Assessment Year Amount Ground No.(3 ) for the Assessment Year 2011- 12 ; Rs. 3,83,88,266/- Ground No.(2) for the Assessment Year 2012- 13; Rs. 6,54,39,202/- Ground No.(2) for the Assessment

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

8) Disallowance of claim of deduction for Interest paid u/s 234D of the Income Tax Act,1961.“ Interest on excess refund” Ground and Assessment Year Amount Ground No.(3 ) for the Assessment Year 2011- 12 ; Rs. 3,83,88,266/- Ground No.(2) for the Assessment Year 2012- 13; Rs. 6,54,39,202/- Ground No.(2) for the Assessment

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

8) Disallowance of claim of deduction for Interest paid u/s 234D of the Income Tax Act,1961.“ Interest on excess refund” Ground and Assessment Year Amount Ground No.(3 ) for the Assessment Year 2011- 12 ; Rs. 3,83,88,266/- Ground No.(2) for the Assessment Year 2012- 13; Rs. 6,54,39,202/- Ground No.(2) for the Assessment

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

8) Disallowance of claim of deduction for Interest paid u/s 234D of the Income Tax Act,1961.“ Interest on excess refund” Ground and Assessment Year Amount Ground No.(3 ) for the Assessment Year 2011- 12 ; Rs. 3,83,88,266/- Ground No.(2) for the Assessment Year 2012- 13; Rs. 6,54,39,202/- Ground No.(2) for the Assessment

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

8) Disallowance of claim of deduction for Interest paid u/s 234D of the Income Tax Act,1961.“ Interest on excess refund” Ground and Assessment Year Amount Ground No.(3 ) for the Assessment Year 2011- 12 ; Rs. 3,83,88,266/- Ground No.(2) for the Assessment Year 2012- 13; Rs. 6,54,39,202/- Ground No.(2) for the Assessment

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

8) Disallowance of claim of deduction for Interest paid u/s 234D of the Income Tax Act,1961.“ Interest on excess refund” Ground and Assessment Year Amount Ground No.(3 ) for the Assessment Year 2011- 12 ; Rs. 3,83,88,266/- Ground No.(2) for the Assessment Year 2012- 13; Rs. 6,54,39,202/- Ground No.(2) for the Assessment

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

8) Disallowance of claim of deduction for Interest paid u/s 234D of the Income Tax Act,1961.“ Interest on excess refund” Ground and Assessment Year Amount Ground No.(3 ) for the Assessment Year 2011- 12 ; Rs. 3,83,88,266/- Ground No.(2) for the Assessment Year 2012- 13; Rs. 6,54,39,202/- Ground No.(2) for the Assessment

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

8) Disallowance of claim of deduction for Interest paid u/s 234D of the Income Tax Act,1961.“ Interest on excess refund” Ground and Assessment Year Amount Ground No.(3 ) for the Assessment Year 2011- 12 ; Rs. 3,83,88,266/- Ground No.(2) for the Assessment Year 2012- 13; Rs. 6,54,39,202/- Ground No.(2) for the Assessment

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-TINSUKIA, TINSUKIA vs. M/S. BROOKE BOND INDIA LIMITED, MUMBAI

In the result, appeal of the revenue and the cross-objection of the assessee are dismissed

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Ble]

disallowance of Rs. 2,19,13,300/- should be reduced to 67,13,000/-. 2. The action of the Assessing Officer is not in accordance with the provisions of law and the judicial pronouncement made by the Supreme Court and the High Courts. Section 32AB (7)/33AB(8

M/S. G.D. MARKETING PRIVATE LIMITED,GUWAHATI vs. INCOME TAX OFFICER, WARD-2(1), GUWAHATI`

In the result, the appeal of the assessee is treated as allowed for statistical purposes

Bench: Shri Sanjay Garg

8 I.T.A. No.425/Gau/2019 M/s G. D Marketing Pvt. Ltd Assessment Year: 2015-16 section 92CA is invalid and bad in law. Therefore, the consequential order passed by the TPO and DRP is also not sustainable in the eyes of law. 11. Under these circumstances, where this clause (i) is omitted from the statute since its inception, the AO ought have

ASSAM ROOFING LIMITED,GUWAHATI vs. INCOME TAX OFFICER, WARD-3(1), GUWAHATI

Appeal is allowed in above terms

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2014-15

8) For the purposes of this section,— (v) "Initial assessment year" means the assessment year relevant to the previous year in which the undertaking or the enterprise begins to manufacture or produce articles or things, or commences operation or completes substantial expansion; Accordingly he held that the Initial Assessment Year for the assessee for its Asbestos Unit Expansion would

INCOME TAX OFFICER WARD-4(2), GUWAHATI vs. M/S. KISHLAY FOOD (P) LTD, GUWAHATI

In the result, the appeal is allowed

Bench: Shri S.S.Godara & Dr. A.L.Sainiassessment Year :2011-12

disallowance regarding assessee’s VAT remission of ₹2,88,75,684/- made in the course of assessment. The CIT(A)’s detailed discussion to this effect reads as under:- ITA No.232/Gau/2018 Assessment Year: 2010-11 ITO Wd-4(2), Guwa Vs. M/s Kishlay Foods Pvt. Ltd. Page 2 “8. Points for determination, the reasons for determination and the decision

MAYURPLY INDUSTRIES PVT LTD.,HOOGHLY, WEST BENGAL vs. ACIT, CIRCLE 3, GUWAHATI, ASSAM

In the result IT(SS)A Nos

Bench: Shri Rajesh Kumar, Am & Shri Manomohan Das, Jm

2) provides for revival of any assessment or reassessment which stood abated, if any proceeding or any order of assessment or reassessment made under section 153A of, the Act is annulled in appeal or any other proceeding. 16. Section 153A bears the heading "Assessment in case of search or requisition". It is well settled as held by the Supreme Court

OIL INDIA LTD.,DIBRUGARH vs. ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE -2, DIBRUGARH

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

disallowed such claim under Section 80IB and also under Section 80IC for the respective years on, inter alia, the following grounds:- A) The assessee’s oil wells for which the claim is made, is not an new industrial undertaking or enterprise; though there is no dispute that these are plants. B) As per Sub Rule (2) of Rule 18BBB

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

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

disallowed such claim under Section 80IB and also under Section 80IC for the respective years on, inter alia, the following grounds:- A) The assessee’s oil wells for which the claim is made, is not an new industrial undertaking or enterprise; though there is no dispute that these are plants. B) As per Sub Rule (2) of Rule 18BBB

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

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

disallowed such claim under Section 80IB and also under Section 80IC for the respective years on, inter alia, the following grounds:- A) The assessee’s oil wells for which the claim is made, is not an new industrial undertaking or enterprise; though there is no dispute that these are plants. B) As per Sub Rule (2) of Rule 18BBB

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

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

disallowed such claim under Section 80IB and also under Section 80IC for the respective years on, inter alia, the following grounds:- A) The assessee’s oil wells for which the claim is made, is not an new industrial undertaking or enterprise; though there is no dispute that these are plants. B) As per Sub Rule (2) of Rule 18BBB