M/S BALMER LAWRIES & CO. LTD.,KOLKATA vs. INCOME TAX OFFICER(IT) WD-1(1), KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

Bench: Shri Mahavir Singh & Shri Waseem Ahmedassessment Year :2012-13 M/S Balmer Lawrie & Co. V/S. Income Tax Officer Ltd., 21, N.S.Road, (International Taxation), Kolkata-700 001 Ward-1(1), Aayakar [Pan No. Aabcb 0984 E] Bhawan (Poorva), 2Nd Floor, R. No.215, 110, Shanti Pally, Kolkata- 700 107 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri M.K.Poddar, Sr-Advocate अपीलाथ" क" ओर से/By Appellant Shri C.P.Bhatia, Jcit-Dr ""यथ" क" ओर से/By Respondent 18-02-2016 सुनवाई क" तार"ख/Date Of Hearing 27-04-2016 घोषणा क" तार"ख/Date Of Pronouncement

1), Kol. Page 10 In view of the above the assessee submitted that the question of deducting TDS from the payment to the overseas agents does not arise as their income is not assessable to tax in India. However the AO disregarded the claim of the assessee and held that the payments made to the overseas agents are assessable

HALDIA PETROCHEMICALS LIMITED,KOLKATA vs. DCIT, CIR-57, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am]

section 197(1) certificate has 5 ITA No.66/Kol/2014, AY 2004-05 Haldia Petrochemicals Ltd. been obtained by the payee only from 1.7.2003 wherein the deductors have been directed to deduct 1% TDS

M/S TWENTY FIRST CENTURY SECURITIES LTD.,KOLKATA vs. THE ITO, WD-59(4) (TDS), KOLKATA, KOLKATA

In the result both the appeals are allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ]

197(1) certificate would reveal that the Principal Officers of the organizations as per attached Annexure were authorized to deduct tax @ 1 % and hence in the case of the assessee-deductor, there was no short deduction of TDS. • That the Ld. A.O. admitted that in the instant case, the assessee was not an assessee- in-default in terms of sec.20

DCIT,CIRCLE-52, KOLKATA, KOLKATA vs. SRI SUBHOTOSH MAJUMDER . S. JAMUMBDER &CO,, KOLKATA

In the result, the appeals of revenue are dismissed

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

TDS for the reason that Certificates of Non Deduction Of Tax At Source u/s 197(1) of the Act was obtained by assessee under old law and even new law. He stated that under old law, in order to confirm that its understanding and interpretation of the relevant provisions of the Act was correct, the assessee made an applications dated

ACIT, CIRCLE - 52, KOLKATA, KOLKATA vs. SHRI SUBHOTOSH MAJUMDER, KOLKATA

In the result, the appeals of revenue are dismissed

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

TDS for the reason that Certificates of Non Deduction Of Tax At Source u/s 197(1) of the Act was obtained by assessee under old law and even new law. He stated that under old law, in order to confirm that its understanding and interpretation of the relevant provisions of the Act was correct, the assessee made an applications dated

ACIT, CIRCLE - 52, KOLKATA, KOLKATA vs. SHRI SUBHOTOSH MAJUMDAR, KOLKATA

In the result, the appeals of revenue are dismissed

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

TDS for the reason that Certificates of Non Deduction Of Tax At Source u/s 197(1) of the Act was obtained by assessee under old law and even new law. He stated that under old law, in order to confirm that its understanding and interpretation of the relevant provisions of the Act was correct, the assessee made an applications dated

M/S VODAFONE EAST LTD.(FORMERLY KNOWN AS VODAFONE ESSAR EAST LIMITED),KOLKATA vs. A.D.I.T RANGE - 7,KOL., KOLKATA

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

Bench: Shri Mahavir Singh & Shri M. Balaganesh

TDS under section 194J- Held, yes [Para 6] in favour of assessee”. c) DCIT vs Delhi Transco Ltd reported in (2014) 52 taxmann.com 261 (Delhi – “This finding has been followed by the ITAT in ITA No. 3965/ Del/2011 in the case of assessee for Assessment Year 2006-07. Apart from the finding of tribunal recorded in the assessee

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

197(1) and (2) of the Act as under : "1....Where the supplier of goods makes over the usance bill/hundi to his bank which discounts the same and credits the net amount to the supplier’s account straightaway without waiting for realization of the bill on due date, the property in the usance bill/hundi passes on to the bank

GLOSTER LTD(FORMERLY KNOWN AS KETTLEWELL BULLEN & CO. LTD,KOLKATA vs. PCIT-2, KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2018-19

TDS based on percentage of net profit as specified in section 197 of the Companies Act, 2013. Ld. Counsel contended that commission payable to whole time directors who are employees is chargeable under the head salary on which tax is deductible at source u/s. 192 on payment basis alone. In the year under consideration, the commission to the two whole

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

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

1) of the Act- provision for foreseeable loss made in accordance with guidelines of AS-7 and duly debited in audited accounts of company is an allowable expenditure. The Tribunal decided the case in favour of the assessee and held that 'yes' it is an allowable expenditure. The Tribunal while deciding this issue has also considered the decision of Mazagon

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

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

1) of the Act- provision for foreseeable loss made in accordance with guidelines of AS-7 and duly debited in audited accounts of company is an allowable expenditure. The Tribunal decided the case in favour of the assessee and held that 'yes' it is an allowable expenditure. The Tribunal while deciding this issue has also considered the decision of Mazagon

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

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

1) of the Act- provision for foreseeable loss made in accordance with guidelines of AS-7 and duly debited in audited accounts of company is an allowable expenditure. The Tribunal decided the case in favour of the assessee and held that 'yes' it is an allowable expenditure. The Tribunal while deciding this issue has also considered the decision of Mazagon

M/S. EVEREADY INDUSTRIES INDIA LTD.,KOLKATA vs. PR.CIT-4, KOLKATA

In the result, the appeal of the assessee stands allowed

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

TDS certificate issued in Form 16B by the purchaser of the packet tea factory. The ld. AR therefore submitted that it was factually incorrect on the Ld. Pr. CIT’s part to hold that the AO had 27 Eveready Industries India Ltd, AY- 2014-15 not conducted any enquiry with reference to CASS reason before completion of assessment

M/S. ANUBHAV INFRASTRUCTURE LTD., ,HOWRAH vs. PRINCIPAL CIT, KOLKATA - 5, KOLKATA

In the result, the appeal of the assessee for AY 2013-14 is partly allowed and the appeal of the assessee for AY 2014-15 is allowed

Bench: Shri A. T. Varkey, Jm & Shri Girish Agrawal, Am]

197 of the Act, the Ld. A.R. draw our attention to page 1 of the PB-III wherein the extract of Section 194C of the Act has been reproduced which reads as under: “194C. (1) Any person responsible for paying any sum to any resident (hereafter in this section referred to as the contractor) for carrying out any work39 (including

M/S ANUBHAV INFRASTRUCTURE LTD.,HOWRAH vs. A.C.I.T.,CIRCLE-13(1), KOLKATA

In the result, the appeal of the assessee for AY 2013-14 is partly allowed and the appeal of the assessee for AY 2014-15 is allowed

Bench: Shri A. T. Varkey, Jm & Shri Girish Agrawal, Am]

197 of the Act, the Ld. A.R. draw our attention to page 1 of the PB-III wherein the extract of Section 194C of the Act has been reproduced which reads as under: “194C. (1) Any person responsible for paying any sum to any resident (hereafter in this section referred to as the contractor) for carrying out any work39 (including

MC NALLY SAYAJI ENGINEERING LIMITED,NORTH 24 PARGANAS vs. D.C.I.T CIR - 1,KOLKATA, KOLKATA

In the result, the appeals of the assessee in ITA No

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

1)(vii) read with section 36(2) of the Act and accordingly deleted the disallowance of bad debts to the tune of Rs. 18,33,873/-. The ld CIT(A) however observed that the advances written off in respect of the sum of Rs. 5,53,934/- on account of TDS recoverable cannot be allowed as deduction

DCIT, CIRCLE - 1, KOLKATA, KOLKATA vs. M/S. MCNALLY SAYAJI ENGINEERING LIMITED, KOLKATA

In the result, the appeals of the assessee in ITA No

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

1)(vii) read with section 36(2) of the Act and accordingly deleted the disallowance of bad debts to the tune of Rs. 18,33,873/-. The ld CIT(A) however observed that the advances written off in respect of the sum of Rs. 5,53,934/- on account of TDS recoverable cannot be allowed as deduction

DCIT, CIR-3, KOLKATA, KOLKATA vs. M/S VISHNU SHIVA INFRASTRUCTURE (P) LTD., KOLKATA

In the result, the appeal by the revenue is dismissed

Bench: Hon’Ble Shri P.M.Jagtap, Am & Sri N.V.Vasudevan, Jm ]

1,03,233/- Rs. 72,59,483/- The assessee admittedly did not deduct tax at source at the time of making the aforesaid payment towards hire charges. According to the AO the payments in question are in the nature of payments made to a contractor for carrying out work within the meaning of section 194C of the Income