EIH LTD.,KOLKATA vs. THE DCIT, CIR-8(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed for statistical purposes and the appeal of the revenue is dismissed

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 153/Kol/2016 Assessment Year : 2011-12 Dcit, Circle-8(1), Kolkata -Vs- M/S Eih Limited [Pan: Aaace 6898 B] (Appellant) (Respondent) I.T.A No. 110/Kol/2016 Assessment Year : 2011-12 M/S Eih Limited -Vs- Dcit, Circle-8(1), Kolkata [Pan: Aaace 6898 B] (Appellant) (Respondent) For The Appellant : Shri Kanchun Kaushal,Ar For The Department : Shri G.Mallikarjuna, Cit Dr Date Of Hearing : 26.10.2017 Date Of Pronouncement : 12.01.2018 Order Per Bench:

1) of Section 14A of the Act have been satisfied. 3.3 On the facts and circumstances of the case and in law, the ld. Panel erred in confirming disallowance of Rs. 2,20,81,366/- u/s 14A made by the Ld. AO based on surmise and conjecture without having recorded any reasoned satisfaction under section

DCIT, CIR-8(1), KOLKATA, KOLKATA vs. M/S EIH LTD., KOLKATA

In the result, the appeal of the assessee is partly allowed for statistical purposes and the appeal of the revenue is dismissed

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 153/Kol/2016 Assessment Year : 2011-12 Dcit, Circle-8(1), Kolkata -Vs- M/S Eih Limited [Pan: Aaace 6898 B] (Appellant) (Respondent) I.T.A No. 110/Kol/2016 Assessment Year : 2011-12 M/S Eih Limited -Vs- Dcit, Circle-8(1), Kolkata [Pan: Aaace 6898 B] (Appellant) (Respondent) For The Appellant : Shri Kanchun Kaushal,Ar For The Department : Shri G.Mallikarjuna, Cit Dr Date Of Hearing : 26.10.2017 Date Of Pronouncement : 12.01.2018 Order Per Bench:

1) of Section 14A of the Act have been satisfied. 3.3 On the facts and circumstances of the case and in law, the ld. Panel erred in confirming disallowance of Rs. 2,20,81,366/- u/s 14A made by the Ld. AO based on surmise and conjecture without having recorded any reasoned satisfaction under section

DCIT, CIRCLE-8(1), KOLKATA, KOLKATA vs. ITC LIMITED, KOLKATA

In the result appeals of the assessee are partly allowed for statistical purposes and the appeals of the revenue are dismissed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

TDS u/s 195 of the Act then all these expenses are to be allowed. Accordingly we restore this issue to the file of AO to examine and decide accordingly. The ground no. 3 is allowed for statistical purpose. 16. Issue raised in ground no. 4 by the assessee is against the confirmation of Rs. 1

ITC LIMITED,KOLKATA vs. ACIT, RANGE-8, KOLKATA, KOLKATA

In the result appeals of the assessee are partly allowed for statistical purposes and the appeals of the revenue are dismissed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

TDS u/s 195 of the Act then all these expenses are to be allowed. Accordingly we restore this issue to the file of AO to examine and decide accordingly. The ground no. 3 is allowed for statistical purpose. 16. Issue raised in ground no. 4 by the assessee is against the confirmation of Rs. 1

ITC LIMITED,KOLKATA vs. ACIT, RANGE-8, KOLKATA, KOLKATA

In the result appeals of the assessee are partly allowed for statistical purposes and the appeals of the revenue are dismissed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

TDS u/s 195 of the Act then all these expenses are to be allowed. Accordingly we restore this issue to the file of AO to examine and decide accordingly. The ground no. 3 is allowed for statistical purpose. 16. Issue raised in ground no. 4 by the assessee is against the confirmation of Rs. 1

DCIT, CIRCLE-8(1), KOLKATA, KOLKATA vs. ITC LIMITED, KOLKATA

In the result appeals of the assessee are partly allowed for statistical purposes and the appeals of the revenue are dismissed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

TDS u/s 195 of the Act then all these expenses are to be allowed. Accordingly we restore this issue to the file of AO to examine and decide accordingly. The ground no. 3 is allowed for statistical purpose. 16. Issue raised in ground no. 4 by the assessee is against the confirmation of Rs. 1

ACIT, CC-3(2), KOLKATA , KOLKATA vs. M/S. SNOWTEX INVESTMENT LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri A. T. Varkey, J.M. & Dr.A.L.Saini, A.M.) Asstt. Year : 2012-13 A.C.I.T, Cc-3(2), Kolkata Vs M/S. Snowtex Investment Ltd. Pan: Aaecs 0334C (Assessee/Department) (Respondent/Assessee)

1) M/s Mahalaxmi Info Services - Rs. 18,20,155/- 2) Shri Amit Kumar - Rs.8,32,343/- 3) Shri Rajiv Kumar- Rs. 4,16,137/- However, the above notices were returned unserved by the postal authority and accordingly AO made addition. We note that for marketing and selling the insurance products, the company has to perform various activities which include Lead

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

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

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

In the result, the order passed by the Learned CIT u/s 263 of the Act is set aside and the appeal of the assessee is allowed

Bench: : Shri N.V. Vasudevan & Shri M. Balaganesh

TDS officer to look into the alleged violations, if any, on the same and the Learned AO cannot resort to make any disallowance of expenditure on that count on an estimated basis. We also draw support from the decision of the Hon’ble Gujarat High Court in the case of Sayaji Iron and Engineering Co vs CIT reported in 253

D.C.I.T., CIRCLE-12, KOLKATA, KOLKATA vs. M/S VANTAGE ADVERTISING PVT. LTD., CHENNAI

In the result the appeal by the revenue is dismissed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am]

1[or by an authority or a board or a corporation or any other body established or constituted under any Central or State Act; ( b) it has entered into an agreement with the Central Government or a State Government or a local authority or any other statutory body for (i) developing or (ii) operating and maintaining or (iii) developing, operating

SRI MANINDRA MOHAN MAZUMDAR,BURDWAN vs. JCIT, RANGE-1, ASANSOL, ASANSOL

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

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2201/Kol/2014 ("नधा"रणवष" / Assessment Year: 2009-10) Sri Manindra Mohan Vs. J.C.I.T, Range-1, Asansol Mazumdar Sahana Apartment Mother Teressa 19, Radhangar Road, Burnpur- 713325, Road, Lower Chelidanga, Asansol – Dist- Burdwan. 713304. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aelpm 0074 R (Appellant) .. (Respondent)

253/- under Rule 8D (2) (ii). For addition of Rs. 1,90,049/- under Rule 8D (2) (iii) of the Income Tax Rules, 1962, we direct the assessing officer to compute the disallowance @0.5% only taking into account the investments which yield dividend income, during the previous year, as per the discussion made in the case of REI Agro

RUNGTA MINES LTD.,KOLKATA vs. PRINCIPAL CIT - 1, KOLKATA , KOLKATA

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

Bench: Sri J. Sudhakar Reddy & Smt. Madhumita Roy)

Section 263 of the Act. In our opinion, once the ld. CIT initiates the proceedings u/s 263 of the Act for specific reasons and these reasons are met by the assessee, then it is incumbent upon the ld. CIT to himself independently deal with the objections and record his own satisfaction to prove that the AO’s order

DDIT(IT)-1(1)KOL, KOLKATA vs. M/S JOY PARTNERSHIP, KOLKATA

In the result, the appeal of the revenue is partly allowed for statistical purposes

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ] I.T.A No. 149/Kol/2009 Assessment Year : 2005-06 Ddit(It)-1(1), Kolkata -Vs- M/S Joy Partnership [Pan: Aadfj 6427 H] (Appellant) (Respondent)

253,600 Return Add: Roofbolting labour charges not required to be reflected to be shown in TDS 3,053,003 Return Add: Difference due to exchange fluctuation 5,528,804 Add: Overseas insurance premium of the expartriate employees 1,824,080 Add: Debit to P&L A/c due to grossing up 4,500,717 Add: Visa, passport, travelling etc. charges

BISHNU OIL COMPANY ,KOLKATA vs. ITO, WARD - 31(3), KOLKATA , KOLKATA

In the result the appeal of the assessee is allowed

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Smt. Madhumita Roy, Jm ] Assessment Year : 2013-14

1) of the Act. It appears that during the previous year under appeal the assessee purchased tyres and accessories costing of Rs.15,000/- and Rs.17,500/- respectively. However the claim of such expenses incurred on business was not accepted by the ld. AO on the ground that no bills/vouchers/receipts were produced in support of such claim neither any explanation

DCIT, CIRCLE - 57, KOLKATA, KOLKATA vs. M/S. HEIGHT INSURANCE SERVICES LTD., KOLKATA

In the result, the appeal of revenue is dismissed

Bench: Shri Mahavir Singh, Jm & Shri Waseem Ahmed, Am]

1)(a) makes it clear that the penalty leviable shall be equal to the amount of tax which such person failed to deduct. We cannot hold this provision to be mandatory or compensatory or automatic because under section 273B Parliament has enacted that penalty shall not be imposed in cases falling there under. Section 271C falls in the category

DCIT, CIRCLE - 8, KOLKATA, KOLKATA vs. M/S. E.I.H. LTD., KOLKATA

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

Bench: : Shri M. Balaganesh

TDS obligations. For the sake of convenience, the said Explanation is reproduced herein below:- Explanation – For the removal of doubts, it is hereby declared that for the purposes of this section, income of a non-resident shall be deemed to accrue or arise in India under clause (v) or clause (vi) or clause (vii) of sub-section (1) and shall

M/S. PRICEWATERHOUSE COOPERS PRIVATE LIMITED,KOLKATA vs. ACIT, CIRCLE - 2(2), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed partly

1 (Delhi) (SB). We find that these cases are distinguishable on facts We find that these cases are distinguishable on facts :- Pitney Bowes (Supra) Pitney Bowes (Supra): In this case, the taxpayer had acquired going concern : In this case, the taxpayer had acquired going concern - on lumpsum consideration. Under the Business Transfer Agreement, there on lumpsum consideration. Under the Business