APEEJAY PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 8(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 116/Kol/2023 Assessment Year: 2013-14

2(24)(x) Disallowance of - - 4,23,358 91,306 Interest on IT, ST & TDS 6. Aggrieved the assessee preferred appeal before the ld. CIT(A) but failed to succeed on the issues, which are in challenge before us. 7. So far as the main issue relating to deemed dividend under section

APEEJAY PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 8(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 116/Kol/2023 Assessment Year: 2013-14

2(24)(x) Disallowance of - - 4,23,358 91,306 Interest on IT, ST & TDS 6. Aggrieved the assessee preferred appeal before the ld. CIT(A) but failed to succeed on the issues, which are in challenge before us. 7. So far as the main issue relating to deemed dividend under section

APEEJAY PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 8(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 116/Kol/2023 Assessment Year: 2013-14

2(24)(x) Disallowance of - - 4,23,358 91,306 Interest on IT, ST & TDS 6. Aggrieved the assessee preferred appeal before the ld. CIT(A) but failed to succeed on the issues, which are in challenge before us. 7. So far as the main issue relating to deemed dividend under section

SOMA RANI GHOSH,KOLKATA vs. DCIT, CIR-49, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri K. Narasimha Chary

Section 194C(7) have to be read together to extend the immunity from TDS, our attention is drawn to the fact that though the Finance Act, (N0.2) 2009 introduced, inter alia, Sec. 194C(6) and 194C(7), similar and analogous provision had been very much in existence under proviso 2

MEGA ENGINEERS & BUILDERS,PORT BLAIR vs. DCIT, CIR. 3(2) , PORT BLAIR

In the result, the appeal of assessee is allowed

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

2% u/s 194C whereas as a matter of fact, TDS should have been deducted at the rate of 10% u/s 194A of the Act. Finally, the AO disallowed 30% of the above interest payment being disallowance u/s 40a(ia) of the Act. In our opinion the provisions of Section 40a(ia) cannot be invoked where there is a short deduction

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

In the result, appeal of the Revenue is dismissed

Bench: Shri S. S. Godara, Jm & Dr. A.L. Saini, Am Vs. M/S Uco Bank Acit, Ltu-2, Kolkata 10, Btm, Sarani, Kolkata – 700001. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacu3561B .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

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

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

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

2 & 3, Provisions/Liabilities written back – others and Bad debts Recovery The Appellant is in the sole business of the providing cellular mobile phone services. There is no business of the Appellant except that of providing cellular mobile phone services. The Provisions/Liabilities made and Bad Debts were allowed as deduction from the business income in previous assessment years. The said provisions/Liabilities

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

2 & 3, Provisions/Liabilities written back – others and Bad debts Recovery The Appellant is in the sole business of the providing cellular mobile phone services. There is no business of the Appellant except that of providing cellular mobile phone services. The Provisions/Liabilities made and Bad Debts were allowed as deduction from the business income in previous assessment years. The said provisions/Liabilities

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

2 & 3, Provisions/Liabilities written back – others and Bad debts Recovery The Appellant is in the sole business of the providing cellular mobile phone services. There is no business of the Appellant except that of providing cellular mobile phone services. The Provisions/Liabilities made and Bad Debts were allowed as deduction from the business income in previous assessment years. The said provisions/Liabilities

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

2 & 3, Provisions/Liabilities written back – others and Bad debts Recovery The Appellant is in the sole business of the providing cellular mobile phone services. There is no business of the Appellant except that of providing cellular mobile phone services. The Provisions/Liabilities made and Bad Debts were allowed as deduction from the business income in previous assessment years. The said provisions/Liabilities

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

2 & 3, Provisions/Liabilities written back – others and Bad debts Recovery The Appellant is in the sole business of the providing cellular mobile phone services. There is no business of the Appellant except that of providing cellular mobile phone services. The Provisions/Liabilities made and Bad Debts were allowed as deduction from the business income in previous assessment years. The said provisions/Liabilities

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

2 & 3, Provisions/Liabilities written back – others and Bad debts Recovery The Appellant is in the sole business of the providing cellular mobile phone services. There is no business of the Appellant except that of providing cellular mobile phone services. The Provisions/Liabilities made and Bad Debts were allowed as deduction from the business income in previous assessment years. The said provisions/Liabilities

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

2 & 3, Provisions/Liabilities written back – others and Bad debts Recovery The Appellant is in the sole business of the providing cellular mobile phone services. There is no business of the Appellant except that of providing cellular mobile phone services. The Provisions/Liabilities made and Bad Debts were allowed as deduction from the business income in previous assessment years. The said provisions/Liabilities

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

2 & 3, Provisions/Liabilities written back – others and Bad debts Recovery The Appellant is in the sole business of the providing cellular mobile phone services. There is no business of the Appellant except that of providing cellular mobile phone services. The Provisions/Liabilities made and Bad Debts were allowed as deduction from the business income in previous assessment years. The said provisions/Liabilities

M/S PREMIER IRRIGATION ADRITEC (P) LTD.,KOLKATA vs. ACIT, CIR-11(1), KOLKATA , KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Shri Sanjay Garg & Shri Girish Agrawal

2) to section 201, such amount of TDS along with simple interest thereon as referred to sub-section (1A) shall be a charge upon the assets of the person responsible. Therefore, by way of such deeming fiction, TDS though deductible from the income of the payee, becomes the tax liability of the deductor and the non-deduction or non-depositing

ACID, CIRCLE-5(1), KOLKATA, KOLKATA vs. EMAMI REALTY LIMITED, KOLKATA

In the result, both the appeal of the Revenue and cross objections of the assessee are\ndismissed

2(19AA) r.w. Section 47(vi) of the Act. Since we have\nupheld the Ld. CIT(A)'s findings holding the scheme of demerger to be compliant with Section\n2(19AA) r.w. Section 47(vi) of the Act, we agree with the Ld. CIT(A) deleting this direction\nissued by the AO and dismiss these grounds as well.\n6.\nThis

THE JUTE CORPORATION OF INDIA LTD.,KOLKATA vs. DCIT CIR.-1, KOLKATA, KOLKATA

In the result, the appeals of the assessee are allowed for statistical purposes

Bench: Shri S. S. Godara, Jm & Dr. A.L.Saini, Am Acit, Circle 1(2), Kolkata Vs. The Jute Corporation Of India Ltd. Ayakar Bhawan, P-7, Chowringhee Hudco Building, 15N, Nellie Square, R.No.14, 7Th Floor, Kolkata – Sengupta Sarani, Kolkata-700 700 069. 087. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabct 8820 B (अपीलाथ" /Assessee) (""यथ" / Respondent) ..

section 43B(f) of the Act. Therefore, the stay of Hon'ble High Court order has wider ramification and its scope is not limited only to the parties to the suit. Therefore, the order of High Court in the case of Exide Industries Ltd. (supra) is at present not operational. Therefore, in the light of the above situation, we direct

ACIT, CIR-1(2), KOLKATA, KOLKATA vs. THE JUTE CORPORATION OF INDIA LTD.,, KOLKATA

In the result, the appeals of the assessee are allowed for statistical purposes

Bench: Shri S. S. Godara, Jm & Dr. A.L.Saini, Am Acit, Circle 1(2), Kolkata Vs. The Jute Corporation Of India Ltd. Ayakar Bhawan, P-7, Chowringhee Hudco Building, 15N, Nellie Square, R.No.14, 7Th Floor, Kolkata – Sengupta Sarani, Kolkata-700 700 069. 087. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabct 8820 B (अपीलाथ" /Assessee) (""यथ" / Respondent) ..

section 43B(f) of the Act. Therefore, the stay of Hon'ble High Court order has wider ramification and its scope is not limited only to the parties to the suit. Therefore, the order of High Court in the case of Exide Industries Ltd. (supra) is at present not operational. Therefore, in the light of the above situation, we direct