PARAMARTH SADHAK SANGH ,KOLKATA vs. ADIT(E) CIR -2/NOW ITO(EXEM), WARD - 1(4), KOLKATA , KOLKATA

In the result, appeal of the assessee is allowed in part

Bench: Sri J. Sudhakar Reddy) Assessment Year: 2010-11 Paramarth Sadhak Sangh……..………………....…………..……………...……..….…….........Appellant P-113, New Raipur Road (E) Kolkata – 700 084 [Pan : Aaatp 4767 F] Vs. Adit (E), Circle-2/ Now I.T.O. (Exem), Ward-14, Kolkata….……………............Respondent

246 also, a clear distinction is made between an intimation and an order of assessment. The Assessing Officer cannot, under section 143(1)(a), change the status of a firm to 'association of persons' which can be done under section 185 of the Act, at the time of assessment." We are in respectful agreement with the judgements in Samtel Color

LMJ INTERNATIONAL LTD.,KOLKATA vs. D.C.I.T CIR - 8,KOLKATA, KOLKATA

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

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

246 CTR (Born) 463, it has been held that decision of the Tribunal in the case of the assessee for earlier years holding that the assessee is engaged in manufacturing activity and thus entitled to deduction under section 80-IB having been accepted by the revenue, question raised by the Revenue contesting the order of the Tribunal holding that

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

M/S. SUNSHINE TRACON PVT. LTD., ,HOWRAH vs. PR.CIT-5, KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Shri P.M. Jagtap, Hon’Ble(Kz) & Shri A. T. Varkey, Hon’Ble] [Through Virtual Court] I.T.A. No. 1220/Kol/2019 Assessment Year: 2014-15 M/S. Sunshine Tracon Pvt. Ltd..........................................................................................Appellant C/O. Vinod Kumar Bindal & Co., Chartered Accountants, 503, Dalamal Chambers, 29, New Marine Lines, Mumbai – 400 020. [Pan: Aagcs 8868 M] Vs Pr. Commissioner Of Income Tax, Central – 5, Kolkata...................………………Respondent Appearances By: Shri Subash Agarwal, Fca Appearing On Behalf Of The Assessee. Shri Dinesh Aibor Jayal Sawkuie, Cit, Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : July 08, 2021 Date Of Pronouncing The Order : July 14, 2021 Order Per P.M. Jagtap, Vice-(Kz)

TDS of Rs. 97,09,246/- was deducted. Hence, there is an under assessment to the tune of Rs. 51,31,012/- (9,70,92,459 – 9,19,61,447). Reply: Break up of interest income is enclosed along with explanation. ii. It is seen that no disallowance of expenses relatable to exempt income has been made u/s 14A read

EIH LIMITED,KOLKATA vs. DCIT, CIRCLE - 8, KOLKATA, KOLKATA

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

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

section 40(a)(i) of the Act could not 13 ITA Nos.348-314/K/2011 & CO No.23/K/2011 EIH Limited AY 2006-07 be made applicable in the facts of the instant case. Aggrieved, the revenue is in appeal before us. 6.1. We have heard the rival submissions and perused the materials available on record. With regard to the prayer of the Learned

DCIT, CIRCLE - 8, KOLKATA, KOLKATA vs. M/S. EIH LIMITED, KOLKATA

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

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

section 40(a)(i) of the Act could not 13 ITA Nos.348-314/K/2011 & CO No.23/K/2011 EIH Limited AY 2006-07 be made applicable in the facts of the instant case. Aggrieved, the revenue is in appeal before us. 6.1. We have heard the rival submissions and perused the materials available on record. With regard to the prayer of the Learned

DCIT, CIRCLE-2, TDS, KOLKATA, KOLKATA vs. M/S. MANAKSIA LIMITED, KOLKATA

Bench: Shri S.S.Godara & Shri, M. Balaganesh

section 172. Similarly, in view of the decision in ACIT -vs- Minpro Industries, the disallowance made by the AO for non-deduction of TOS u/s.194C cannot be accepted. Further it is seen that EMU Shipping Lines and Meridian Cargo Line are authorized agents of NRSCs and not forwarders. In the case of the Appellant it has demonstrated with the help

M/S. MANAKSIA LTD.,KOLKATA vs. ITO, WARD-58(3) (TDS), KOLKATA, KOLKATA

Bench: Shri S.S.Godara & Shri, M. Balaganesh

section 172. Similarly, in view of the decision in ACIT -vs- Minpro Industries, the disallowance made by the AO for non-deduction of TOS u/s.194C cannot be accepted. Further it is seen that EMU Shipping Lines and Meridian Cargo Line are authorized agents of NRSCs and not forwarders. In the case of the Appellant it has demonstrated with the help

M/S GAURISHANKAR BIHANI,KOLKATA vs. A.C.I.T.-CIRCLE-34, KOLKATA, KOLKATA

In the result, the appeal filed by the assessee on ground No

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

TDS, however, no tax was deducted on such payment. Therefore, the A.O.invoked section 40(a)(ia) of the I.T. Act. Now, the appellant mentioning circular 735 dated 30.0l.1996 of CBDT and various case laws. However, the facts in the present case are different. The income of Kolkata Port Trust is not exempt, therefore, the argument of the appellant

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 interest under Section 234B of the Act of Rs. 1,76,36,982; Levy of interest under Section 234C of the Act 8. erred in levying interest under Section 234C of the Act of Rs. 26,17,929; The Appellant

SHELTER INFRA PROJECTS LTD. ,KOLKATA vs. A.O. CIR. 11(1), KOLKATA

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.421/Kol/2024 Assessment Year: 2012-13 Shelter Infra Projects Ltd…….…....…………….......…....………....Appellant Dn-1 Sector V Eternity Building, Sector V, Salt Lake Sech Bhavan, Kolkata – 700091. [Pan: Aabcc2304F] Vs. A.O, Circle-11(1), Kolkata......................................................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Ar, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit, Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 11, 2024 Date Of Pronouncing The Order : September 10, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 26.12.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. This Is Second Round Of Appeal Before Us. Earlier, The Tribunal Vide Order Dated 12.10.2018 Had Remanded The Matter To The File Of The Assessing Officer For De Novo Assessment. Thereafter, The Assessing Officer Vide Order Dated 31.12.2019 Made The Impugned Additions Assessing The Income Of The Assessee At Rs.23,98,20,955/-. The Ld. Cit(A) Confirmed The Additions So Made By The Assessing Officer Vide

section 201 of the Act certifying the aforesaid payment to M/s Sarda Vanijya (P) Ltd. by the assessee and TDS was duly deducted thereupon and further that the payee had duly taken into consideration the aforesaid payments in its return of income. The ld. counsel has also invited our attention to pages 87 & 88 of the paper-book to submit

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 194I of the Income tax Act, 1961 (hereinafter referred to as the “Act”) for AY 2004-05 vide his order dated 29.03.2010. 2. The only issue to be decided in this appeal is as to whether the interest u/s 201(1A) of the Act could be charged in the facts and circumstances of the case. 3. The brief facts

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]

246, which is another group company of the appellant. Hence, I direct the AO to reduce the disallowance u/s. 14A from 83,93,827/- to 6,44,193/-.” Aggrieved, now revenue as well as assessee came in appeal before Tribunal against restriction of disallowance at 1%. 4. We have heard rival submissions and gone through facts and circumstances

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]

246, which is another group company of the appellant. Hence, I direct the AO to reduce the disallowance u/s. 14A from 83,93,827/- to 6,44,193/-.” Aggrieved, now revenue as well as assessee came in appeal before Tribunal against restriction of disallowance at 1%. 4. We have heard rival submissions and gone through facts and circumstances

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]

246, which is another group company of the appellant. Hence, I direct the AO to reduce the disallowance u/s. 14A from 83,93,827/- to 6,44,193/-.” Aggrieved, now revenue as well as assessee came in appeal before Tribunal against restriction of disallowance at 1%. 4. We have heard rival submissions and gone through facts and circumstances

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]

246, which is another group company of the appellant. Hence, I direct the AO to reduce the disallowance u/s. 14A from 83,93,827/- to 6,44,193/-.” Aggrieved, now revenue as well as assessee came in appeal before Tribunal against restriction of disallowance at 1%. 4. We have heard rival submissions and gone through facts and circumstances

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

In the result, the appeal of assessee is partly allowed

Bench: "ी जे. सुधाकर रे"डी, लेखा सद"य एवं/And "ी ऐ. ट". वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

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