M/S MCC PTA INDIA CORPN. PVT. LTD.,PURBA MEDINIPUR vs. ACIT, CIR-59, TDS, KOLKATA, KOLKATA

In the result, the appeals filed by the Assessee are allowed

196 of the I. T. Act, 1961 and as such assessee’s appeal on this ground is allowed.” We find that the findings of CIT(A) is totally perverse and against law for the reason that the TDS from rent payment to Kolkata Port Trust is liable to TDS u/s. 194-I of the Act. Kolkata Port Trust is assessable

GIFFORD & PARTNERS LTD.(SINCE MERGED WITH GIFFORD LLP),KOLKATA vs. DDIT, INTERNATIONAL TAXATION - 1(1), KOLKATA, KOLKATA

In the result ITA No.1489/Kol/11 is partly allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] Assessment Year : 2007-08

TDS on the payment made by GRSE (i.e. the payer) but did not include the full amount of receipt from GRSE. The treatment given by the assessee in its accounts as well as in computation of its total income was contrary to the provisions of Section 198 & 199 of the Act. In view of this legal position, the difference amount

GIFFORD & PARTNERS LTD.(SINCE MERGED WITH GIFFORD LLP),KOLKATA vs. ADIT (INTERNATIONAL TAXATION) - 1(1), KOLKATA, KOLKATA

In the result ITA No.1489/Kol/11 is partly allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] Assessment Year : 2007-08

TDS on the payment made by GRSE (i.e. the payer) but did not include the full amount of receipt from GRSE. The treatment given by the assessee in its accounts as well as in computation of its total income was contrary to the provisions of Section 198 & 199 of the Act. In view of this legal position, the difference amount

M/S INDUSTRIAL PERFORATION INDIA (P) LTD,KOLKATA vs. I.T.O. WD - 5(4),KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed

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

TDS on the said payment u/s.40(a)(ia) of the Income Tax Act, 1961 read with section 194J, 194H and section 2000 of the IT Act, 1961. To examine this issue hearings on different dates were carried out and it has been found that the assessee has paid Rs.16,33,5781- to the various parties as below:- 1. Paid

I.T.O WD - 6(2),KOLKATA., KOLKATA vs. M/S AXIX OVERSEAS LTD, KOLKATA

In the result, Revenue’s appeal is partly allowed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

TDS are allowable expense u/s. 37(1) of the Act. In this view of the matter we find no reason to interfere in the order of Ld. CIT(A). We uphold the same. This ground of Revenue is dismissed. 23. Next issue raised by Revenue in this appeal is that Ld. CIT(A) erred in treating the loss

AXIX OVERSEAS LTD,KOLKATA vs. ITO, WARD - 7(1), KOLKATA, KOLKATA

In the result, Revenue’s appeal is partly allowed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

TDS are allowable expense u/s. 37(1) of the Act. In this view of the matter we find no reason to interfere in the order of Ld. CIT(A). We uphold the same. This ground of Revenue is dismissed. 23. Next issue raised by Revenue in this appeal is that Ld. CIT(A) erred in treating the loss

ITO, WD-3(1), KOLKATA, KOLKATA vs. M/S ULTIMO LOGISTICS PVT. LTD., KOLKATA

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

Bench: Shri Sanjay Garg & Shri Girish Agrawal

TDS towards plot rent in violation of provisions of section 194I of the Act and further payment of dock expenses of Rs.4258982/- paid in violation of section 194C of the Act applying the same theory of reimbursement of expenses. However, in view of the above discussion and since the ld. counsel for the assessee could not bring before

ITO, WARD-35(4), KOLKATA, KOLKATA vs. M/S J.L. GOWARD & CO., KOLKATA

In the result, appeal of the Revenue is partially allowed for statistical purposes

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am] I.T.A. No. 169/Kol/2017 Assessment Year: 2013-14 Ito, Ward-35(2), Kolkata Vs. M/S. J.L. Goward & Co. Pan : Aacfj 4149 F Appellant Respondent

Section under Amount (in Rs.) which TDS was to be made 1. CFS Charges 194I/194C 1,29,51,844/- 2. Shipping Agents Charges 194C 46,82,854/- paid to Indian Shipping Agents 3. Survey Fees 194J 3,75,771/- Total 1,80,10,469/- 2 M/s. J.L. Goward & Co. AY- 2013-14 The AO confronted the assessee as to reason

MARTIN BURN LTD,KOLKATA vs. I.T.O WD - 4(2),KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

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

196 of the I. T. Act, 1961 and as such assessee’s appeal on this ground is allowed.” We find that the findings of CIT(A) is totally perverse and against law for the reason that the TDS from rent payment to Kolkata Port Trust is liable to TDS u/s. 194- I of the Act. Kolkata Port Trust is assessable

DCIT, CIRCLE - 8, KOLKATA, KOLKATA vs. M/S. E.I.H. LTD., KOLKATA

In the result, the appeal of the revenue in ITA NO

Bench: : Shri M. Balaganesh

196 & 6 299/Kol/2010 DCIT,Cir-8, Kol Vs. M/s. E I H Ltd 3.5. ON RETROSPECTIVE AMENDMENT WITH EFFECT FROM 1.6.1976 BY WAY OF EXPLANATION IN SECTION 9(2) OF THE ACT Now let us see whether the amendment in section 9(2) of the Act by way of an Explanation introduced by the Finance Act 2010 with retrospective effect

M/S TIRUPATI CONSTRUCTION,HOOGHLY vs. CIT-XX, KOLKATA, KOLKATA

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

Bench: : Shri M. Balaganesh

section 263 is very clear that the ld.CIT in respect of items contemplated in the show cause notice i.e. initial notice based on which 263 proceedings have been initiated by the ld. CIT, shall pass an order u/s. 263 of the Act after affording reasonable opportunity of hearing to the assessee. Hence, it can be safely concluded what

ELLENBARRIE INDUSTRIAL GASES LTD.,KOLKATA vs. ITO,WARD-8(2), KOLKATA, KOLKATA

In the result, Ground No.2 raised by the assessee is allowed, and ground

Bench: Shri N.V. Vasudevan, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1687/Kol/2016 (िनधा"रणवष" / Assessment Year: 2007-08) Ellenbarrie Industrial Gases Vs. Ito, Ward-8(2), Kolkata Ltd. 34, Ripon Street, Kolkata – 700016. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aaace 5770 E (Appellant) .. (Respondent) Appellant By :Shri A.K. Bandyopadhyay, Fca Respondent By :Shri S. Dasgupta, Addl. Cit(Dr) सुनवाईकीतारीख/ Date Of Hearing : 06/12/2017 घोषणाकीतारीख/Date Of Pronouncement : 07/02/2018 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2007-08, Is Directed Against An Order Passed By The Commissioner Of Income Tax(Appeals)-16, Kolkata, In Appeal No.352/Cit(A)-16/Kol/2014-15/W-8(2), Dated 13.07.2016, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S154/143(1) Of The I.T. Act, 1961 (Hereinafter Referred To As The ‘Act’), Dated 16-04-2009. 2.The Assessee Has Raised The Following Grounds Of Appeal: “1. The Order Of The Learned Commissioner Of Lncome Tax (Appeals)- 16, To The Extent That He Has Confirmed The Order Of Ld. Lncome Tax Officer Ward 8(2) Kolkata, Is Contrary To Law & Facts Of The Case. 2. The Learned Commissioner Of Lncome Tax (Appeals)-16 Had Ignored The Fact That Assessed Tax For The Purpose Of Section 234B & 234C Of The Lncome Tax Act 1961 Was Computed Without Considering Available Mat Credit Of Rs.12,91,616/-Upto The Assessment Year 2006-2007. Computation Of Lnterest Under Section 234B & 234C Was Not Made In Accordance With Explanation 1(V) To Sub-Section (1) Of Section 234B & 234C Of Lncome Tax Act 1961;

Section 234B and 234C of lncome Tax Act 1961; Ellenbarrie Industrial Gases Ltd. Assessment Year: 2007-08 and also violative of Hon'ble Supreme Court decision in CIT Vs. TULSYAN NECL LTD. (2011) 196 TAXMAN 181. The order of Learned Commissioner of lncome Tax (Appeals)-16 is bad in law. 3. ln the computation of Assessed Tax, TDS

DCIT, CIRCLE -8, KOLKATA, KOLKATA vs. M/S. OBEROI HOTELS PVT. LTD., KOLKATA

In the result, assessee’s appeals in ITA Nos

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

TDS, he disallowed this foreign payments claimed by the assessee under the head professional consultancy fees by invoking the provisions of section 40(a)(i) of the Act. Aggrieved, assessee preferred ITA Nos. 233 & 1041/Kol/2012 Oberoi Hotels Pvt. Ltd.. AY 2007-08 & 2008-09 appeal before CIT(A), who allowed the claim of the assessee by observing

OBEROI HOTELS PRIVATE LIMITED,KOLKATA vs. DCIT, CIRCLE -8, KOLKATA, KOLKATA

In the result, assessee’s appeals in ITA Nos

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

TDS, he disallowed this foreign payments claimed by the assessee under the head professional consultancy fees by invoking the provisions of section 40(a)(i) of the Act. Aggrieved, assessee preferred ITA Nos. 233 & 1041/Kol/2012 Oberoi Hotels Pvt. Ltd.. AY 2007-08 & 2008-09 appeal before CIT(A), who allowed the claim of the assessee by observing

JCIT(OSD), CIRCLE - 8, KOLKATA, KOLKATA vs. M/S. OBEROI HOTELS PVT. LTD., KOLKATA

In the result, assessee’s appeals in ITA Nos

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

TDS, he disallowed this foreign payments claimed by the assessee under the head professional consultancy fees by invoking the provisions of section 40(a)(i) of the Act. Aggrieved, assessee preferred ITA Nos. 233 & 1041/Kol/2012 Oberoi Hotels Pvt. Ltd.. AY 2007-08 & 2008-09 appeal before CIT(A), who allowed the claim of the assessee by observing

OBEROI HOTELS PRIVATE LIMITED,KOLKATA vs. DCIT, CIRCLE - 8, KOLKATA, KOLKATA

In the result, assessee’s appeals in ITA Nos

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

TDS, he disallowed this foreign payments claimed by the assessee under the head professional consultancy fees by invoking the provisions of section 40(a)(i) of the Act. Aggrieved, assessee preferred ITA Nos. 233 & 1041/Kol/2012 Oberoi Hotels Pvt. Ltd.. AY 2007-08 & 2008-09 appeal before CIT(A), who allowed the claim of the assessee by observing

RANICHERRA TEA CO. LTD. ,KOLKATA vs. ITO, WARD-4(4), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmaassessment Year: 2017-18 Ranicherra Tea Co. Ltd. Ito, Ward-4(4), Kolkata. C/O, P. K. Himatsinghka & Co. 41, B. B. Ganguly Vs. Street, Central Plaza, 2Nd Floor, Kolkata-700012. (Pan: (Appellant) (Respondent)

TDS thereon deducted from payment of interest. 9. That the appellant craves to add or amend any ground of appeal on or before the date of hearing.” 3. Brief facts of the case are that assessee filed its return of income for the AY 2017-18 by showing total income at Rs.19,54,260/-. Subsequently, case of the assessee

SUN BIOTECHNOLOGY LTD.,KOLKATA vs. DCIT, CIRCLE-7(2), KOLKATA

In the result, appeal of the assessee is tr

Bench: Shri P.M. Jagtap, Hon’Ble, Kz) Assessment Years: 2012-13 Sun Biotechnology Ltd.....………….………...........................................................……………….…......Appellant 21A, Shakespeare Sarani Kolkata – 700 017 [Pan : Aaecs 8587 R] Vs. Deputy Commissioner Of Income Tax, Circle-7(2) Kolkata…………….......….……....…....Respondent Appearances By: Shri Subash Agarwal, A/R, Appeared On Behalf Of The Assessee. Shri Jayanta Khanra, Jcit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : June 2Nd, 2020 Date Of Pronouncing The Order : June 2Nd, 2020 Order Per P.M. Jagtap, Vp, Kz:-

section 198 "all sums deducted in accordance with the foregoing provisions of this chapter (that means provisions of this chapter (that means from Sec lion 192 to 196) shall for from Sec lion 192 to 196) shall for the purpose of computing the income of an assessee be de computing the income of an assessee be deemed to be income