KONINKLIJKE PHILIPS N.V.,NETHERLANDS vs. DCIT (IT), CIRCLE - 1(2), KOLKATA , KOLKATA

In the result, all the appeals of the assessee are partly allowed for statistical purpose

Bench: Shri Sonjoy Sarma & Shri Girish Agrawalita Nos.437 To 441/Kol/2021 Assessment Years: 2008-09 To 2012-13 M/S. Koninklijke Philips N.V Deputy Commissioner Of C/O Deloitte Touché Income Tax (It), Circle-1(2), Tohmatsu India Pvt. Ltd., Kolkata. Bengal Intelligent Park, Vs. Building Alpha, Block Ep & Gp, 1St Floor, Sector V, Salt Lake Electronics Complex, Kolkata-700 091. (Pan: Aacck0806B) (Appellant) (Respondent) Present For: Appellant By : Shri Ketan Ved, Ca Respondent By : Shri G. H. Sema, Addl. Cit Date Of Hearing : 22.06.2022 Date Of Pronouncement : 02.09.2022 O R D E R Per Girish Agrawal: All These Appeals By Assessee Are Directed Against The Separate Orders Of Ld. Cit(A), Kolkata-22 Vide Order Nos. Itba/Apl/S/250/2021-22/1035034204(1) Dated 23.08.2021 For A.Y. 2008-09, Itba/Apl/S/250/2021-22/1035162630(1) Dated 28.08.2021 For Ay 2009-10, Itba/Apl/S/250/2021-22/1035162589(1) Dated 28.08.2021 For Ay 2010-11, Itba/Apl/S/250/2021-22/1035162672(1) Dated 28.08.2021 For Ay 2011-12 & Itba/Apl/S/250/2021- 22/1035162702(1) Dated 28.08.2021 For Ay 2012-13 Passed Against The Assessment Order U/S 254 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By Acit(It), C-1(2), Kolkata Dated 23.07.2019, 13.11.2019 (For Ays 2008-09 & 2009-10) & 07.02.2020 (For Ays 2010-11 To 2012-13). Koninklijke Philips N.V, A.Ys: 2008-09 To 2012-13 2. Shri Ketan Ved, Ca Appeared On Behalf Of The Assessee & Shri G. H. Sema, Addl. Cit Appeared On Behalf Of The Revenue.

section 153(5) of the Act were obtained by the Ld. AO for the additional period of six months for giving effect to the order. Thus, Ld. AO is directed to grant additional Koninklijke Philips N.V, A.Ys: 2008-09 to 2012-13 interest as envisaged u/s. 244A(1A) of the Act by ascertaining the delay beyond three months from

KONINKLIJKE PHILIPS N.V.,NETHERLANDS vs. DCIT (IT), CIRCLE - 1(2), KOLKATA , KOLKATA

In the result, all the appeals of the assessee are partly allowed for statistical purpose

Bench: Shri Sonjoy Sarma & Shri Girish Agrawalita Nos.437 To 441/Kol/2021 Assessment Years: 2008-09 To 2012-13 M/S. Koninklijke Philips N.V Deputy Commissioner Of C/O Deloitte Touché Income Tax (It), Circle-1(2), Tohmatsu India Pvt. Ltd., Kolkata. Bengal Intelligent Park, Vs. Building Alpha, Block Ep & Gp, 1St Floor, Sector V, Salt Lake Electronics Complex, Kolkata-700 091. (Pan: Aacck0806B) (Appellant) (Respondent) Present For: Appellant By : Shri Ketan Ved, Ca Respondent By : Shri G. H. Sema, Addl. Cit Date Of Hearing : 22.06.2022 Date Of Pronouncement : 02.09.2022 O R D E R Per Girish Agrawal: All These Appeals By Assessee Are Directed Against The Separate Orders Of Ld. Cit(A), Kolkata-22 Vide Order Nos. Itba/Apl/S/250/2021-22/1035034204(1) Dated 23.08.2021 For A.Y. 2008-09, Itba/Apl/S/250/2021-22/1035162630(1) Dated 28.08.2021 For Ay 2009-10, Itba/Apl/S/250/2021-22/1035162589(1) Dated 28.08.2021 For Ay 2010-11, Itba/Apl/S/250/2021-22/1035162672(1) Dated 28.08.2021 For Ay 2011-12 & Itba/Apl/S/250/2021- 22/1035162702(1) Dated 28.08.2021 For Ay 2012-13 Passed Against The Assessment Order U/S 254 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By Acit(It), C-1(2), Kolkata Dated 23.07.2019, 13.11.2019 (For Ays 2008-09 & 2009-10) & 07.02.2020 (For Ays 2010-11 To 2012-13). Koninklijke Philips N.V, A.Ys: 2008-09 To 2012-13 2. Shri Ketan Ved, Ca Appeared On Behalf Of The Assessee & Shri G. H. Sema, Addl. Cit Appeared On Behalf Of The Revenue.

section 153(5) of the Act were obtained by the Ld. AO for the additional period of six months for giving effect to the order. Thus, Ld. AO is directed to grant additional Koninklijke Philips N.V, A.Ys: 2008-09 to 2012-13 interest as envisaged u/s. 244A(1A) of the Act by ascertaining the delay beyond three months from

KONINKLIJKE PHILIPS N.V.,NETHERLANDS vs. DCIT (IT), CIRCLE - 1(2), KOLKATA , KOLKATA

In the result, all the appeals of the assessee are partly allowed for statistical purpose

Bench: Shri Sonjoy Sarma & Shri Girish Agrawalita Nos.437 To 441/Kol/2021 Assessment Years: 2008-09 To 2012-13 M/S. Koninklijke Philips N.V Deputy Commissioner Of C/O Deloitte Touché Income Tax (It), Circle-1(2), Tohmatsu India Pvt. Ltd., Kolkata. Bengal Intelligent Park, Vs. Building Alpha, Block Ep & Gp, 1St Floor, Sector V, Salt Lake Electronics Complex, Kolkata-700 091. (Pan: Aacck0806B) (Appellant) (Respondent) Present For: Appellant By : Shri Ketan Ved, Ca Respondent By : Shri G. H. Sema, Addl. Cit Date Of Hearing : 22.06.2022 Date Of Pronouncement : 02.09.2022 O R D E R Per Girish Agrawal: All These Appeals By Assessee Are Directed Against The Separate Orders Of Ld. Cit(A), Kolkata-22 Vide Order Nos. Itba/Apl/S/250/2021-22/1035034204(1) Dated 23.08.2021 For A.Y. 2008-09, Itba/Apl/S/250/2021-22/1035162630(1) Dated 28.08.2021 For Ay 2009-10, Itba/Apl/S/250/2021-22/1035162589(1) Dated 28.08.2021 For Ay 2010-11, Itba/Apl/S/250/2021-22/1035162672(1) Dated 28.08.2021 For Ay 2011-12 & Itba/Apl/S/250/2021- 22/1035162702(1) Dated 28.08.2021 For Ay 2012-13 Passed Against The Assessment Order U/S 254 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By Acit(It), C-1(2), Kolkata Dated 23.07.2019, 13.11.2019 (For Ays 2008-09 & 2009-10) & 07.02.2020 (For Ays 2010-11 To 2012-13). Koninklijke Philips N.V, A.Ys: 2008-09 To 2012-13 2. Shri Ketan Ved, Ca Appeared On Behalf Of The Assessee & Shri G. H. Sema, Addl. Cit Appeared On Behalf Of The Revenue.

section 153(5) of the Act were obtained by the Ld. AO for the additional period of six months for giving effect to the order. Thus, Ld. AO is directed to grant additional Koninklijke Philips N.V, A.Ys: 2008-09 to 2012-13 interest as envisaged u/s. 244A(1A) of the Act by ascertaining the delay beyond three months from

KONINKLIJKE PHILIPS N.V.,NETHERLANDS vs. DCIT (IT), CIRCLE - 1(2), KOLKATA , KOLKATA

In the result, all the appeals of the assessee are partly allowed for statistical purpose

Bench: Shri Sonjoy Sarma & Shri Girish Agrawalita Nos.437 To 441/Kol/2021 Assessment Years: 2008-09 To 2012-13 M/S. Koninklijke Philips N.V Deputy Commissioner Of C/O Deloitte Touché Income Tax (It), Circle-1(2), Tohmatsu India Pvt. Ltd., Kolkata. Bengal Intelligent Park, Vs. Building Alpha, Block Ep & Gp, 1St Floor, Sector V, Salt Lake Electronics Complex, Kolkata-700 091. (Pan: Aacck0806B) (Appellant) (Respondent) Present For: Appellant By : Shri Ketan Ved, Ca Respondent By : Shri G. H. Sema, Addl. Cit Date Of Hearing : 22.06.2022 Date Of Pronouncement : 02.09.2022 O R D E R Per Girish Agrawal: All These Appeals By Assessee Are Directed Against The Separate Orders Of Ld. Cit(A), Kolkata-22 Vide Order Nos. Itba/Apl/S/250/2021-22/1035034204(1) Dated 23.08.2021 For A.Y. 2008-09, Itba/Apl/S/250/2021-22/1035162630(1) Dated 28.08.2021 For Ay 2009-10, Itba/Apl/S/250/2021-22/1035162589(1) Dated 28.08.2021 For Ay 2010-11, Itba/Apl/S/250/2021-22/1035162672(1) Dated 28.08.2021 For Ay 2011-12 & Itba/Apl/S/250/2021- 22/1035162702(1) Dated 28.08.2021 For Ay 2012-13 Passed Against The Assessment Order U/S 254 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By Acit(It), C-1(2), Kolkata Dated 23.07.2019, 13.11.2019 (For Ays 2008-09 & 2009-10) & 07.02.2020 (For Ays 2010-11 To 2012-13). Koninklijke Philips N.V, A.Ys: 2008-09 To 2012-13 2. Shri Ketan Ved, Ca Appeared On Behalf Of The Assessee & Shri G. H. Sema, Addl. Cit Appeared On Behalf Of The Revenue.

section 153(5) of the Act were obtained by the Ld. AO for the additional period of six months for giving effect to the order. Thus, Ld. AO is directed to grant additional Koninklijke Philips N.V, A.Ys: 2008-09 to 2012-13 interest as envisaged u/s. 244A(1A) of the Act by ascertaining the delay beyond three months from

I.T.C LIMITED,KOLKATA vs. C.I.T KOL - III,KOLKATA, KOLKATA

In the result, all the three appeals of assessee are allowed

Bench: Shri N.V.Vasusdevan & Shri Waseem Ahmedassessment Year :2009-10 Assessment Year: 2008-09 Assessment Year: 2007-08

section 244A(1) applies to refunds that arise “in any other case”. As such, Clause (b) is of wide import and any payment which does not fall in clause (a), are covered under clause (b) – like refund of excess tax payment made against demand raised, refund of excess self assessment tax paid, refund of excess DDT paid, refund of TDS

M/S ITC LIMITED,KOLKATA vs. CIT, KOLKATA-III, KOLKATA

In the result, all the three appeals of assessee are allowed

Bench: Shri N.V.Vasusdevan & Shri Waseem Ahmedassessment Year :2009-10 Assessment Year: 2008-09 Assessment Year: 2007-08

section 244A(1) applies to refunds that arise “in any other case”. As such, Clause (b) is of wide import and any payment which does not fall in clause (a), are covered under clause (b) – like refund of excess tax payment made against demand raised, refund of excess self assessment tax paid, refund of excess DDT paid, refund of TDS

THE PEERLESS GENERAL FINANCE & INVESTMENT CO. LTD.,,KOLKATA vs. DCIT, CIRCLE - 3(1), KOLKATA, KOLKATA

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

b) of Section 244(A). The Madras High Court in Needle Industries Pvt. Ltd. case (supra) concerned itself with the position prior to the advent of Section 244A. It found that the expression "refund of any amount" used by Sections 240 and 244 would include not only tax and penalty but interest also. It was, therefore, held that the clear

SREI INFRASTRUCTURE FINANCE LIMITED,KOLKATA vs. ACIT,CIR-11(1), KOL, KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Dr. Manish Boradi.T.A. No.1157/Kol/2023 Assessment Year: 2017-18 Srei Infrastructure Finance Ltd. ………. Appellant (Pan: Aaacs1425L) Vs. Acit, Circle-11(1), Kolkata ……. Respondent Appearances By: Shri S. K. Tulsiyan, Advocate & Sm. Lata Goyal, Aca Appeared For Appellant Shri S. Datta, Cit, Dr Appeared For Respondent . Date Of Hearing : 07.02.2024 Date Of Pronouncing The Order : 29.04.2024 Order Per Manish Borad: This Appeal Filed By The Assessee Pertaining To The Assessment Year (In Short “Ay”) 2017-18 Is Directed Against The Order Passed U/S 250 Of The Income Tax Act, 1961 In Short The “Act”) By Ld. Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [In Short Ld. “Cit(A)”] Dated 05.09.2023 Arising Out Of The Assessment Order U/S. 154 R,W,S, 143(3) Of The Act By Acit, Circle-11(1), Kolkata Dated 12.07.2022. 2. Grounds Of Appeal Raised By The Assessee Are Reproduced As Under: “1. That On The Facts & In The Circumstances Of The Case, The Learned Commissioner Of Income Tax (Appeal), [Here- In- After Referred To As Ld. Cit(A)] Was Not Justified & Grossly Erred In Not Granting The Interest U/S. 244A Of The Income Tax Act, 1961 ('The Act').

TDS was less than 10% of the total tax liability. Thereafter, on 06.06.2022, assessee moved a rectification application and one of the point of its application was that the assessee is entitled to substantial MAT credit brought forward from earlier years. The details of such MAT credit of Rs.33,08,57,877/- is mentioned below: 9. On going through

DEEPSHIKHA TRADING COMPANY PVT. LTD.,KOLKATA vs. I.T.O., WARD - 6(2), KOLKATA

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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

b) it was claimed that above TDS credit and Advance Tax credit was duly appearing in Form 26AS of GMB Investments Pvt. Ltd., being the amalgamating company, which got amalgamated with the appellant during the FY 2017-18 pursuant to the order of the National Company Law Tribunal (NCLT), Kolkata Bench vide order dated 19.3.2018 in CP(CAA) NO.736/KB/2017

M/S. BATA INDIA LTD., ,KOLKATA vs. DDIT, CPC, , BENGALURU

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

TDS was granted by the CPC, which was sent by mail to the assessee on 25/05/2023; the validity of the intimation served by the DDIT, CPC, Bengaluru on 25.05.2023 and bearing the date 29.12.2021 is claimed to be barred by limitation and liable to be quashed. The other grounds relating to section 115P of the Act was also raised

JCIT (IN SITU), CIRCLE-1(1), KOLKATA, KOLKATA vs. THE PEERLESS GENERAL FINANCE AND INVESTMENT COMPANY LIMITED, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.750/Kol/2025 (निर्धारण वर्ा / Assessment Year : 1992-93) Jcit (In Situ), Circle-1(1), Vs The Peerless General Finance Kolkata & Investment Company Limited Peerless Bhawan, 3, Esplanade East, Kolkata-700069 Pan No. :Aabct 3043 L (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) रधजस्व की ओर से /Revenue By : Shri Sushanta Saha, Addl. Cit निर्धाररती की ओर से /Assessee By : Shri S.K.Tulsiyan, Advocate & Ms. Puja Somani, Ca सुनवाई की तारीख / Date Of Hearing : 31/07/2025 घोषणा की तारीख/Date Of Pronouncement : 26/08/2025 आदेश / O R D E R Per Rajesh Kumar, Am : This Is An Appeal Filed By The Revenue Against The Order Dated 26.09.2017, Passed By The Ld. Cit(A)-22, Kolkata, For The Assessment Year 1992-93. 2. At The Outset, We Observe That There Is A Delay Of 39 Days In Filing The Appeal By The Revenue For Which The Condonation Petition Has Been Filed. After Perusing The Contents Of Condonation Petition, We Are Inclined To Condone The Delay & Admit The Appeal For Adjudication. 3. The Only Issue Raised By The Revenue In The Various Grounds Of Appeal Is Against The Order Of The Ld. Cit(A) Holding That The Assessee Is Entitled To Interest On Unpaid Interest Whereas There Is No Provisions As Per The Income Tax Act To Charge The Interest On Unpaid Interest On The Assessee As Well As Nowhere The Powers Give Rights To The Assessing Officer To Give Interest On Unpaid Interest To The Assessee.

1% from 1st April, B 12 1992 to 31 March, 1993 i.e. for 12 months] Refundable C=(A+B) 112 Less: Refund issued/ adjustment on 31 March, 1993 D Balance Refundable E = (C-D) 4 3. In the above example, the interest of Rs. 12 arrived in (B) above is to be considered having been issued and included

BENGAL DCL HOUSING DEVELOPMENT CO. LTD.,KOLKATA vs. THE DCIT, CIR-8, KOLKATA, KOLKATA

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

Bench: Shri S. S. Godara, Jm & Dr. A.L.Saini, Am Bengal Dcl Housing Development Co. Vs. Dcit, Circle-8, Kolkata Ltd. 24B, Park Street, Kolkata – 700 016. Aayakar Bhawan, P-7, Chowringhee Square, Kolkata – 700 069. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcb 9839 N (अपीलाथ" /Appellant) (""यथ" / Respondent) ..

b) of Sub-Section (1) of Section 244A as residuary in nature which provides for interest on refund in other cases including excess tax paid on self-assessment U/s 140A of the Act. 2 Bengal DCL Housing Development Co. Ltd. Assessment Year: 2006-07 3. The brief facts qua the issue are that the ld. CIT(A) directed the Assessing

DONGFANG ELECTRIC CORPORATION,KOLKATA vs. DCIT, INTERNATIONAL TAXATION 1(1), KOLKATA, KOLKATA

In the result, both the appeals of the assessee are allowed

Bench: Sri N.V. Vasudevan & Sri J. Sudhakar Reddy]

TDS to the extent of Rs 65,187. 7. On the facts and in the circumstances of the case and, the AO erred in levying interest under section 234D of the Act. 8. On the facts and in the circumstances of the case and, the Assessing Officer erred in granting short credit of interest under section 244A

DONGFANG ELECTRIC CORPORATION,KOLKATA vs. DDIT (IT)-1(1), KOLKATA, KOLKATA

In the result, both the appeals of the assessee are allowed

Bench: Sri N.V. Vasudevan & Sri J. Sudhakar Reddy]

TDS to the extent of Rs 65,187. 7. On the facts and in the circumstances of the case and, the AO erred in levying interest under section 234D of the Act. 8. On the facts and in the circumstances of the case and, the Assessing Officer erred in granting short credit of interest under section 244A

M/S THE RIGHT ADDRESS LTD.,KOLKATA vs. THE INCOME TAX OFFICER,(TDS) WARD-59(4) (TDS),KOLKATA KOLKATA, KOLKATA

In the result, Revenue’s appeal stands dismissed and assessee’s appeals are allowed

Bench: Shri Waseem Ahmed & Shri K.Narasimha Chary

section 201 (lA) for the said years and the assessee had accepted the said finding. " In the case of Thomas Muthoot vs. DCIT (2012) 34 CCH 0170 (copy enclosed at Page 1-12 of the Paper Book), the Cochin Tribunal discussed the case of the assessee in detail. In this case, the assessee failed to deduct the TDS on payments

THE ROYAL BANK OF SCOTLAND N.V.,KOLKATA vs. DCIT, ( INTERNATIONAL TAXATION) CIR-2(1), KOLKATA, KOLKATA

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

Bench: Hon’Ble Shri S.S.Godara, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 36 & 1885/Kol/2017 Assessment Year : 2012-13 & 2013-14 M/S Royal Bank Of Scotland N.V. -Vs- Dcit (It), Circle-2(1), Kolkata [Pan: Aacca 6818 K] (Appellant) (Respondent)

TDS obligations associated with the said payments have been duly complied with by the assessee, which is not disputed by the revenue before us. Even the sample Form No. 16 were duly submitted by the assessee before the ld AO which are enclosed in page 246 of the paper book. It was specifically submitted before the ld AO that

THE ROYAL BANK OF SCOTLAND N.V.,KOLKATA vs. DCIT, ( INTERNATIONAL TAXATION) CIR-2(1), KOLKATA, KOLKATA

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

Bench: Hon’Ble Shri S.S.Godara, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 36 & 1885/Kol/2017 Assessment Year : 2012-13 & 2013-14 M/S Royal Bank Of Scotland N.V. -Vs- Dcit (It), Circle-2(1), Kolkata [Pan: Aacca 6818 K] (Appellant) (Respondent)

TDS obligations associated with the said payments have been duly complied with by the assessee, which is not disputed by the revenue before us. Even the sample Form No. 16 were duly submitted by the assessee before the ld AO which are enclosed in page 246 of the paper book. It was specifically submitted before the ld AO that

M/S. KONINKLIJKE PHILIPS N.V.,KOLKATA vs. A.C.I.T.(INTERNATIONAL TAXATION), CIRCLE - 1(2), KOLKATA, KOLKATA

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

Bench: Dr. Manish Borad & Sonjoy Sarma

B] Vs. ACIT (International Taxation), Circle-1(2), Kolkata………………………………………………………..Respondent Appearances: Assessee represented by: Sh. Ketan K. Ved, A/R. Department represented by: Sh. Sunil Kr. Agarwala, CIT (D/R). Date of concluding the hearing : August 23rd, 2023 Date of pronouncing the order : September 25th, 2023 ORDER Per Manish Borad, Accountant Member: This appeal filed by the assessee pertaining to the Assessment

M/S ABHOY CHARAN BAKSHI,KOLKATA vs. ACIT, CIR-27, HALDIA, HALDIA

In the result, appeal by the Assessee is treated as allowed for statistical purpose

Bench: Hon’Ble Shri P.M.Jagtap, Am & Sri N.V.Vasudevan, Jm ] S.A.No.08/Kol/2016 (A/O Ita No.1492/Kol/2015) Assessment Year : 2012-13 M/S. Abhoy Charan Bakshi -Vs.- D. C.I.T., Circle-27, Kolkata Haldia [Pan : Aaefm9711E) (Respondent) (Appellant) Assessment Year : 2012-13 M/S. Abhoy Charan Bakshi -Vs.- A. C.I.T., Circle-27, Kolkata Haldia [Pan : Aaefm9711E) (Respondent) (Appellant)

B” BENCH : KOLKATA [Before Hon’ble Shri P.M.Jagtap, AM & Sri N.V.Vasudevan, JM ] S.A.No.08/Kol/2016 (A/o ITA No.1492/Kol/2015) Assessment Year : 2012-13 M/s. Abhoy Charan Bakshi -vs.- D. C.I.T., Circle-27, Kolkata Haldia [PAN : AAEFM9711E) (Respondent) (Appellant) Assessment Year : 2012-13 M/s. Abhoy Charan Bakshi -vs.- A. C.I.T., Circle-27, Kolkata Haldia [PAN : AAEFM9711E) (Respondent) (Appellant) For the Appellant : Shri Miraj