ACIT, LTU - 2, KOLKATA , KOLKATA vs. M/S. UCO BANK, KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri P.M. Jagtap, Vice- & Shri A.T. Varkey

TDS provisions, the assessee could be declared to be an assessee in default under section 201, but no disallowance could be made by invoking the provisions of section 40(a)(ia). 4. We have heard the arguments of both the sides and also perused the relevant material available on record. Although the ld. D.R. has relied on the decision

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. ADDL. CIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

10A and 10AA of the Act, which specifically provide for transition of deduction to an eligible undertaking from secion10A to 10AA and specifically provides that Assessee shall be entitled to claim deduction u/s.10A for the balance unexpired years. Now, had the intention of the legislature been to provide that even in case of undertaking who have been allowed deduction under

ACIT, CIRCLE - 7, KOLKATA vs. VODAFONE ESSAR EAST LTD., KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

10A and 10AA of the Act, which specifically provide for transition of deduction to an eligible undertaking from secion10A to 10AA and specifically provides that Assessee shall be entitled to claim deduction u/s.10A for the balance unexpired years. Now, had the intention of the legislature been to provide that even in case of undertaking who have been allowed deduction under

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. JCIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

10A and 10AA of the Act, which specifically provide for transition of deduction to an eligible undertaking from secion10A to 10AA and specifically provides that Assessee shall be entitled to claim deduction u/s.10A for the balance unexpired years. Now, had the intention of the legislature been to provide that even in case of undertaking who have been allowed deduction under

M/S VODAFONE EAST LIMITED (FORMERLY KNOWN AS VODAFONE ESSAR EAST LIMITED),KOLKATA vs. ACIT, CIR-7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

10A and 10AA of the Act, which specifically provide for transition of deduction to an eligible undertaking from secion10A to 10AA and specifically provides that Assessee shall be entitled to claim deduction u/s.10A for the balance unexpired years. Now, had the intention of the legislature been to provide that even in case of undertaking who have been allowed deduction under

DCIT, CIRCLE - 7, KOLKATA, KOLKATA vs. VODAFONE ESSAR EAST LIMITED, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

10A and 10AA of the Act, which specifically provide for transition of deduction to an eligible undertaking from secion10A to 10AA and specifically provides that Assessee shall be entitled to claim deduction u/s.10A for the balance unexpired years. Now, had the intention of the legislature been to provide that even in case of undertaking who have been allowed deduction under

M/S. VODAFONE ESSAR EAST LIMITED,KOLKATA vs. ACIT, CIRCLE - 7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

10A and 10AA of the Act, which specifically provide for transition of deduction to an eligible undertaking from secion10A to 10AA and specifically provides that Assessee shall be entitled to claim deduction u/s.10A for the balance unexpired years. Now, had the intention of the legislature been to provide that even in case of undertaking who have been allowed deduction under

ACIT, CIRCLE - 7, KOLKATA vs. HUTCHISON TELECOM EAST LIMITED, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

10A and 10AA of the Act, which specifically provide for transition of deduction to an eligible undertaking from secion10A to 10AA and specifically provides that Assessee shall be entitled to claim deduction u/s.10A for the balance unexpired years. Now, had the intention of the legislature been to provide that even in case of undertaking who have been allowed deduction under

M/S. VODAFONE ESSAR EAST LIMITED,KOLKATA vs. ACIT, CIRCLE - 7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

10A and 10AA of the Act, which specifically provide for transition of deduction to an eligible undertaking from secion10A to 10AA and specifically provides that Assessee shall be entitled to claim deduction u/s.10A for the balance unexpired years. Now, had the intention of the legislature been to provide that even in case of undertaking who have been allowed deduction under

ALLAHABAD BANK,KOLKATA vs. ADD.CIT,RANGE-6, KOLKATA, KOLKATA

In the result the appeal of the revenue is dismissed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ] Assessment Year : 2008-09

TDS. The following were the relevant observations of the CIT(A) in this regard: “49. I have carefully considered the observations of the Assessing Officer in the assessment order and submissions of the appellant. The appellant has produced necessary challans in respect of Rs.96,38,368/-. The appellant has further submitted - at it could not ,produce the balance challans amounting

DCIT,CIRCLE-1, KOLKATA, KOLKATA vs. M/S AXSYS TECHNOLOGIES LTD, KOLKATA

In the result, Revenue’s appeal stands dismissed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year :2009-10

section 10A(2)(ii).” Being aggrieved by this order of Ld. CIT(A) Revenue is in appeal before us. 4. Before us Ld. DR submitted that the contention of the assessee is that the directors of both the companies are different but shareholders of both the companies i.e., Asxys Technologies Pvt. Ltd. as well as VCIL are same

ACIT, CIT-2(1), KOLKATA, KOLKATA vs. M/S BNK E SOLUTION PVT. LTD., KOLKATA

In the result, the appeal by the Revenue is dismissed and the C

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am]

section 10A of the Act was deduction provision and he accordingly computed the deduction u/s 10A of the Act as follows :- “ Since no divisible income is assessed after set off of brought forward business loss, brought forward unabsorbed depreciation and brought forward depreciation, deduction for an amount of Rs.3,22,18,140/- which was erroneously allowed u/s 10A

M/S CHUNDER KHATORE & ASSOCIATES,KOLKATA vs. INCOME TAX OFFICER, WARD - 54(1), KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year :2007-08

10A, British Ward-54(1), Kolkata, Indiafn Street, Esplanade, 3, Government Place, Kolkata-700069 Kolkat-700 001 [PAN No.AACFC 2397 N] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri S.M.Surana, Advocate अपीलाथ" क" ओर से/By Appellant Shri A.K.Pande, JCIT-DR ""यथ" क" ओर से/By Respondent 23-05-2016 सुनवाई क" तार"ख/Date of Hearing 17-06-2016 घोषणा क" तार

AMBO EXPORTS LTD.,KOLKATA vs. DCIT, CEN, CIR-3(4), KOLKATA, KOLKATA

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

Bench: Shri M. Balaganesh, Am & Shri S. S. Viswanethra Ravi, Jm]

section 10A of the Act is a special incentive introduced by the legislature in order to promote exports and therefore, the same has to be construed liberally. It has been held by the Hon’ble Supreme Court in the case of Bajaj Tempo Ltd vs CIT reported in (1992) 196 ITR 188 (SC) - “ A provision in a taxing statute granting

BISHISTA BAGCHI,KOLKATA vs. DCIT, CPC, BANGALORE

Bench: Shri Sanjay Gargi.T.A. No.540/Kol/2021 Assessment Year: 2017-18 Bishista Bagchi..........................………………............................…….…………….....Appellant 3C, Santosh Garden, 8, Ekdalia Road, Ballygunj, Kolkata. [Pan:Ayapb6940J] Vs. Dcit, Cpc, Bengaluru………….…..…...............……........……...…..……………Respondent Appearances By: Shri Indranil Banerjee, Ar,Appeared On Behalf Of The Appellant. Shri Gautam Mondal, Addl. Cit-Dr,Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing :January 31, 2022 Date Of Pronouncing The Order : March 15, 2022 Hearing Through Video Conferencing Order The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 07.10.2021 Of The National Faceless Appeal Centre [Hereinafter Referred To As‘Cit(A)’] Passed U/S 250 Of The Income Tax Act(Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Taken The Following Grounds Of Appeal:

2 years. The above premiums were subsequently paid and the policy matured on 21.04.2016. During the year under consideration, the appellant received a sum of Rs. 17,77,790/- after TDS(Gross Rs. 18,14,072/-) from Bajaj Allianz Insurance Co. on account of the above policy. 6.2 In view of the limitations imposed by the section

WEST BENGAL HOUSING INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED,KOLKATA vs. PCIT-5, KOLKATA

In the result, the appeal filed by the assessee is allowed

Bench: Sri Rajpal Yadav & Dr. Manish Borad

section will be attracted. An incorrect assumption of facts or an incorrect application of law will satisfy the requirement of the order being erroneous. In the same category fall orders passed without applying the principles of natural justice or without application of mind. The phrase 'prejudicial to the interests of the revenue’ has to be read in conjunction with

A.C.I.T CIR - 1,HOOGHLY, HOOGHLY vs. M/S JAIRAM DISTRIBUTORS, HOOGHLY

In the result, the appeal of the Revenue is dismissed

Bench: : Shri P.M. Jagtap & Shri S.S Viswanethra Ravi

TDS on commission payment was duly explained before the ld.AO. The assessee requested the AO to decide whether the re-assessment u/s. 147 is maintainable without thereby issuance of notice u/s. 147. 8. Now, we may refer to the Tribunal order in the case of (supra) as relied by the CIT-A. In that case, the Tribunal decided the issue

ITC LIMITED,KOLKATA vs. ACIT, RANGE-8, KOLKATA, KOLKATA

In the result appeals of the assessee are partly allowed for statistical purposes and the appeals of the revenue are dismissed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

TDS u/s 195 of the Act then all these expenses are to be allowed. Accordingly we restore this issue to the file of AO to examine and decide accordingly. The ground no. 3 is allowed for statistical purpose. 16. Issue raised in ground no. 4 by the assessee is against the confirmation