HALDIA PETROCHEMICALS LIMITED,KOLKATA vs. ITO, WARD - 12(4), KOLKATA, KOLKATA

In the result, the appeals of the assessee for A

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

TDS of Rs.26.75 crores, refund of the excess tax along with interest aggregating to Rs.3.07 crores was granted to the assessee as per intimation issued under section 143(1) on 31.01.2008. Subsequently, in the assessment completed under section 143(3) vide an order dated 30.12.2008, the Assessing Officer added back provision for deferred tax liability, provision for doubtful advance

LOVELY DAS,DUM DUM vs. ADDL/JCIT, NASHIK

In the result, all the four appeals are allowed for statistical purpose

Bench: Sonjoy Sarma & Sri Rakesh Mishra

TDS which is naturally in the name of Late Jagbandhu Das. 4. That the Learned Assessing Officer and ADDL/JCIT(A)-NASHIK also has erred in computing Interest under Section 234A of Rs.28,421, 234B

LOVELY DAS,DUMDUM vs. ADDL/JCIT, NASHIK

In the result, all the four appeals are allowed for statistical purpose

Bench: Sonjoy Sarma & Sri Rakesh Mishra

TDS which is naturally in the name of Late Jagbandhu Das. 4. That the Learned Assessing Officer and ADDL/JCIT(A)-NASHIK also has erred in computing Interest under Section 234A of Rs.28,421, 234B

LOVELY DAS,DUM DUM vs. ADDL/JCIT, NASHIK

In the result, all the four appeals are allowed for statistical purpose

Bench: Sonjoy Sarma & Sri Rakesh Mishra

TDS which is naturally in the name of Late Jagbandhu Das. 4. That the Learned Assessing Officer and ADDL/JCIT(A)-NASHIK also has erred in computing Interest under Section 234A of Rs.28,421, 234B

LOVELY DAS,DUM DUM vs. ADDL/JCIT, NASHIK

In the result, all the four appeals are allowed for statistical purpose

Bench: Sonjoy Sarma & Sri Rakesh Mishra

TDS which is naturally in the name of Late Jagbandhu Das. 4. That the Learned Assessing Officer and ADDL/JCIT(A)-NASHIK also has erred in computing Interest under Section 234A of Rs.28,421, 234B

DCIT(EXAM),CIR-1(1), KOLKATA vs. G.D. CHARITABLE SOCIETY , MURSHIDABAD

In the result, all the four appeals are allowed for statistical purpose

Bench: Sonjoy Sarma & Sri Rakesh Mishra

TDS which is naturally in the name of Late Jagbandhu Das. 4. That the Learned Assessing Officer and ADDL/JCIT(A)-NASHIK also has erred in computing Interest under Section 234A of Rs.28,421, 234B

SHALIMAR FABRICATORS PVT LTD,KOLKATA vs. ITO, WARD 6(1), KOLKATA

In the result, assessee’s appeal for AY 2017-18 is allowed and the appeal for AY 2018-19 is partly allowed

Bench: Sri Aby T. Varkey & Sri Manish Borad)

TDS late payment interest under section 37. 2. For that the erred in law and on facts in not giving specific directions to allow claim under section 43B of Rs.8,43,343/- paid this year (AY 2018-19) on payment basis attach added Bank in earlier years. 3. That the NFAC has erred in law and on facts in confirming

SHALIMAR FABRICATORS PVT LTD,KOLKATA vs. ITO, WARD 6(1), KOLKATA

In the result, assessee’s appeal for AY 2017-18 is allowed and the appeal for AY 2018-19 is partly allowed

Bench: Sri Aby T. Varkey & Sri Manish Borad)

TDS late payment interest under section 37. 2. For that the erred in law and on facts in not giving specific directions to allow claim under section 43B of Rs.8,43,343/- paid this year (AY 2018-19) on payment basis attach added Bank in earlier years. 3. That the NFAC has erred in law and on facts in confirming

UNIVERSAL INDUSTRIAL FUND LTD.,KOLKATA vs. DCIT, C IRCLE- 6, KOLKATA, KOLKATA

In the result, assessee’s appeal stands partly allowed

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

TDS which was being shown under CASS but the same was never taken in the income of assessee. On the other hand, Ld. DR has relied upon the findings of the lower authorities. 10. We have considered the rival submissions of the Ld. representatives of the both parties and materials available on record. From the aforesaid discussion, we find that

DCIT, CIR-11(1), KOLKATA, KOLKATA vs. M/S. HALDIA PETROCHEMICALS LTD., KOLKATA

In the result, the appeal of the Assessee is treated as partly allowed while the appeal of the Revenue is dismissed

Bench: Shri P.M. Jagtap & Shri S.S. Godara, Jm] I.T.A. No. 622/Kol/2017 Assessment Year 2008-09 Haldia Petrochemicals Ltd...............................……………………………….........................Appellant Bengal Eco Entelligent Park (Techna), Tower – 1, Block – Em, Plot No. – 3, Sector – V, Salt Lake City, 3Rd Floor, Kolkata – 700 091 [Pan: Aaach 7360 R] D.C.I.T. Cir 11(1)...................…………………………………………......................................Respondent P-7, Chowringhee Square, Kolkata – 700 069 I.T.A. No. 609/Kol/2017 Assessment Year 2008-09 D.C.I.T. Cir 11(1)...................………………………………………….........................................Appellant P-7, Chowringhee Square, Kolkata – 700 069 Haldia Petrochemicals Ltd...............................………………………………...................Respondent Bengal Eco Entelligent Park (Techna), Tower – 1, Block – Em, Plot No. – 3, Sector – V, Salt Lake City, 3Rd Floor, Kolkata – 700 091 [Pan: Aaach 7360 R] Appearances By: Shri H Chakraborty, Ar Appearing On Behalf Of The Assessee. Shri P.K. Srihari, Cit, Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 01, 2018 Date Of Pronouncing The Order : November 22, 2018 Order Shri P.M. Jagtapthese Two Appeals, One Filed By The Assessee Being Ita No. 622/K/2017 & The Other Filed By The Revenue Being Ita No. 609/K/2017, Are Cross Appeals Which Are Directed Against The Order Of Ld. Cit (A) – 10, Kolkata Dated 30.01.2017. 2. The Issue Involved In Ground No. 1 Of The Assessee’S Appeal Relates To The Disallowance Of Rs. 57,53,60,000/- Made By The A.O. & 2 I.T.A. Nos. 622 & 609/Kol/2017 Haldia Petrochemicals Ltd. Confirmed By The Ld. Cit(A) On Account Of Unexplained Excess Consumption Of Raw Material (Nahptha).

TDS of Rs. 26.75 crores, refund of the excess tax along with interest aggregating to Rs. 3.07 crores was granted to the assessee as per intimation issued under section 143(1) on 31.01.2008. Subsequently, in the assessment completed under section 143(3) vide an order dated 30.12.2008, the Assessing Officer added back provision for deferred tax liability, provision for doubtful

HALDIA PETROCHEMICALS LIMITED,KOLKATA vs. DCIT, CIRCLE-11(1), KOLKATA, KOLKATA

In the result, the appeal of the Assessee is treated as partly allowed while the appeal of the Revenue is dismissed

Bench: Shri P.M. Jagtap & Shri S.S. Godara, Jm] I.T.A. No. 622/Kol/2017 Assessment Year 2008-09 Haldia Petrochemicals Ltd...............................……………………………….........................Appellant Bengal Eco Entelligent Park (Techna), Tower – 1, Block – Em, Plot No. – 3, Sector – V, Salt Lake City, 3Rd Floor, Kolkata – 700 091 [Pan: Aaach 7360 R] D.C.I.T. Cir 11(1)...................…………………………………………......................................Respondent P-7, Chowringhee Square, Kolkata – 700 069 I.T.A. No. 609/Kol/2017 Assessment Year 2008-09 D.C.I.T. Cir 11(1)...................………………………………………….........................................Appellant P-7, Chowringhee Square, Kolkata – 700 069 Haldia Petrochemicals Ltd...............................………………………………...................Respondent Bengal Eco Entelligent Park (Techna), Tower – 1, Block – Em, Plot No. – 3, Sector – V, Salt Lake City, 3Rd Floor, Kolkata – 700 091 [Pan: Aaach 7360 R] Appearances By: Shri H Chakraborty, Ar Appearing On Behalf Of The Assessee. Shri P.K. Srihari, Cit, Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 01, 2018 Date Of Pronouncing The Order : November 22, 2018 Order Shri P.M. Jagtapthese Two Appeals, One Filed By The Assessee Being Ita No. 622/K/2017 & The Other Filed By The Revenue Being Ita No. 609/K/2017, Are Cross Appeals Which Are Directed Against The Order Of Ld. Cit (A) – 10, Kolkata Dated 30.01.2017. 2. The Issue Involved In Ground No. 1 Of The Assessee’S Appeal Relates To The Disallowance Of Rs. 57,53,60,000/- Made By The A.O. & 2 I.T.A. Nos. 622 & 609/Kol/2017 Haldia Petrochemicals Ltd. Confirmed By The Ld. Cit(A) On Account Of Unexplained Excess Consumption Of Raw Material (Nahptha).

TDS of Rs. 26.75 crores, refund of the excess tax along with interest aggregating to Rs. 3.07 crores was granted to the assessee as per intimation issued under section 143(1) on 31.01.2008. Subsequently, in the assessment completed under section 143(3) vide an order dated 30.12.2008, the Assessing Officer added back provision for deferred tax liability, provision for doubtful

YOGESH TRANSPORT PVT LTD,RAIPUR vs. INCOME TAX OFFICER, WD-1(1), KOLKATA, KOLKATA

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

TDS provisions. The levy of\ninterest under Sections 234B and 234C is valid as it is mandatory for default in\nadvance

M/S PHILIPS INDIA LTD.,KOLKATA vs. DCIT, CIR-12(2), KOLKATA, KOLKATA

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

234B of the Act. 11. Interest under section 234D 11.1. The Learned AO erred in levying interest of Rs. 1,61,67,498 under section 234D of the Act. 12. Interest under section 244A 12.1. The Learned AO erred in recovering interest of Rs. 42,39,613 under section 244A of the Act. 13. Penalty

DCIT, CIR-12(2), KOLKATA, KOLKATA vs. M/S PHILIPS INDIA LTD., KOLKATA

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

234B of the Act. 11. Interest under section 234D 11.1. The Learned AO erred in levying interest of Rs. 1,61,67,498 under section 234D of the Act. 12. Interest under section 244A 12.1. The Learned AO erred in recovering interest of Rs. 42,39,613 under section 244A of the Act. 13. Penalty

SHREE RAGHUNATH STEEL INDUSTRIES PVT. LTD.,KOLKATA vs. ITO, WD-3(2), KOLKATA, KOLKATA

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

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

TDS and charging interest under section 234B and 234C of the Act. Similarly the reassessment for A.Y. 2009-10 was computed

S R B C & CO. LLP,KOLKATA vs. DCIT, CPC, BANGALORE

In the result, appeal of the assessee is dismissed

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2017-18

TDS of Rs. 5,80,08,678; Levy of interest under Section 234B of the Act 7. erred in levying

AT & S INDIA PRIVATE LIMITED,KARNATAKA vs. DCIT-RANGE-11, KOLKATA, KOLKATA

In the result, appeal of Revenue is dismissed and that of assessee’s is allowed

Bench: Shri Mahavir Singhand Shri Waseem Ahmed

TDS provision as it does not generate any income in the hands of the recipient and consequently the provisions of section 40(a)(ia) could not be invoked. Hence this ground of appeal of the revenue is dismissed. ITA No.1160 & 2305/Kol/2013 A.Ys. 2008-09 & 2004-05 DCIT Cir-11, Kol v. M/s AT & S India Pvt. Ltd. Page 12 Coming

D.C.I.T CIR - 11,KOLKATA, KOLKATA vs. M/S AT & S INDIA PVT LTD, KARNATAKA

In the result, appeal of Revenue is dismissed and that of assessee’s is allowed

Bench: Shri Mahavir Singhand Shri Waseem Ahmed

TDS provision as it does not generate any income in the hands of the recipient and consequently the provisions of section 40(a)(ia) could not be invoked. Hence this ground of appeal of the revenue is dismissed. ITA No.1160 & 2305/Kol/2013 A.Ys. 2008-09 & 2004-05 DCIT Cir-11, Kol v. M/s AT & S India Pvt. Ltd. Page 12 Coming

HITT HOLLAND INSTITUTE OF TRAFFIC TECHNOLOGY B. V. vs. DDIT, INTERNATIONAL TAXATION 1(1), KOLKATA, KOLKATA

In the result, appeal of the Assessee is partly allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am] I.T.A No. 574/Kol/2014 Assessment Year : 2010-11 Hitt Holland Institute Of Traffic -Vs.- D.D.I.T. (Intl.T)-1, Technology B.V., Kolkata Kolkata. [Pan : Aabch 5694 R] (Respondent) (Appellant) For The Appellant : Shri S.K.Agarwal, Ar For The Respondent : Shri.G.Mallikarjuna, Cit(Dr) Date Of Hearing : 02.02.2017. Date Of Pronouncement : 08.02.2017. Order Per N.V.Vasudevan, Jm

section 234A and 234B of the Act as directed by the Hon'ble DRP. Accordingly, relief on this ground has already been given and hence, the same may not be relevant for adjudication in the appeals. Hence the ground of appeal is dismissed as infructuous. 54. In Ground F- 2, the Assessee has projected its grievance regarding the action