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

TDS is compensatory in nature and therefore the sameis allowable as business expenditure.” 11. Apart from that, the ld. counsel for the assessee has invited our attention to the provisions of section 40(a)(ii), which read as under: “Amount not deductible. 40. Notwithstanding anything to the contrary in sections 30

M/S.G.S. ATWAL & CO.(ENGG) (P)LTD.,KOLKATA vs. DCIT, CIR-11(1), KOLKATA

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

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

sections 30 to 36 wholly and exclusively incurred for the purpose of business or profession, shall be allowed in computing under the head 'profit and gains of business or profession'. The interest on late payment of TDS

M/S.G.S. ATWAL & CO.(ENGG)(P)LTD,KOLKATA vs. DCIT, CIR-11(1), KOLKATA

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

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

sections 30 to 36 wholly and exclusively incurred for the purpose of business or profession, shall be allowed in computing under the head 'profit and gains of business or profession'. The interest on late payment of TDS

RAIGANJ CENTRAL CO-OPERATIVE BANK LTD.,RAIGANJ, UTTAR DINAJPUR vs. JCIT (TDS), RANGE - 6, SILIGURI

TDS. The provisions of section 40(a)(ia)\nof the Act are as under:\n“40. Notwithstanding anything to the contrary in sections 30

RAIGANJ CENTRAL CO-OPERATIVE BANK LTD.,RAIGANJ, UTTAR DINAJPUR vs. D,C,I.T., CIRCLE - 2, JALPAIGURI, JALPAIGURI

In the result, the appeal filed by the Revenue in ITA No

Bench: Shri George Mathan & Shri Rakesh Mishra

TDS. The provisions of section 40(a)(ia) of the Act are as under: “40. Notwithstanding anything to the contrary in sections 30

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

Accordingly, the Ground Nos. (iv) to (vi) raised by the revenue are dismissed

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 503/Kol/2016 Assessment Year : 2011-12 Dcit (It), Circle-2(1), Kolkata -Vs- M/S Royal Bank Of Scotland N.V. [Pan: Aacca 6818 K] (Appellant) (Respondent) I.T.A No. 505/Kol/2016 Assessment Year : 2011-12 M/S Royal Bank Of Scotland N.V. -Vs- Dcit (It), Circle-2(1), Kolkata [Pan: Aacca 6818 K] (Appellant) (Respondent)

TDS thereon). • During the year under consideration, the Bank has made payments to the employees amounting to Rs 4.09 crore towards such unfunded pension liability. the payment has been incurred wholly and exclusively for the purposes of the business of the Bank, the same has been claimed as deduction by the Bank under Section

DCIT, CIR-2(1), KOLKATA, KOLKATA vs. M/S ROYAL BANK OF SCOTLAND N.V., KOLKATA

Accordingly, the Ground Nos. (iv) to (vi) raised by the revenue are dismissed

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 503/Kol/2016 Assessment Year : 2011-12 Dcit (It), Circle-2(1), Kolkata -Vs- M/S Royal Bank Of Scotland N.V. [Pan: Aacca 6818 K] (Appellant) (Respondent) I.T.A No. 505/Kol/2016 Assessment Year : 2011-12 M/S Royal Bank Of Scotland N.V. -Vs- Dcit (It), Circle-2(1), Kolkata [Pan: Aacca 6818 K] (Appellant) (Respondent)

TDS thereon). • During the year under consideration, the Bank has made payments to the employees amounting to Rs 4.09 crore towards such unfunded pension liability. the payment has been incurred wholly and exclusively for the purposes of the business of the Bank, the same has been claimed as deduction by the Bank under Section

TAPAS KUMAR SARKAR,BARASAT, NORTH TWENTY FOUR PARGANAS vs. I.T.O., WARD - 50(1),, KOLKATA

In the result, both the appeals filed by the assessee are partly allowed for statistical purposes

Bench: Shri Udayan Das Gupta & Shri Rakesh Mishra

30% of expenses on which TDS was not done as against the earlier rate of 100% on account of the amendment in the provision of section

TAPAS KUMAR SARKAR,BARASAT, NORTH TWENTY FOUR PARGANAS vs. I.T.O., WARD - 50(1),, KOLKATA

In the result, both the appeals filed by the assessee are partly allowed for statistical purposes

Bench: Shri Udayan Das Gupta & Shri Rakesh Mishra

30% of expenses on which TDS was not done as against the earlier rate of 100% on account of the amendment in the provision of section

N C SHAW AND CO BEVERAGES PRIVATE LIMITED ,KOLKATA vs. INCOME TAX OFFICER, TDS CIRCLE 2(2), KOLKATA, KOLKATA

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

Bench: Sri Pradip Kumar Choubey & Sri Rakesh Mishra

TDS in accordance with the provisions of Section 194H of the Act. Accordingly, the addition of Rs. 1,98,05,460/- is upheld. Consequently, these grounds of appeal raised by the assessee are dismissed.” 3.3. Aggrieved with the order of the Ld. CIT(A), the assessee is in appeal before the Tribunal. Before us, the ld. Counsel for the assessee

N C SHAW AND CO BEVERAGES PRIVATE LIMITED,KOLKATA vs. ADDL. COMMISSIONER OF INCOME TAX (TDS), RANGE-2, KOLKATA, KOLKATA

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

Bench: Sri Pradip Kumar Choubey & Sri Rakesh Mishra

TDS in accordance with the provisions of Section 194H of the Act. Accordingly, the addition of Rs. 1,98,05,460/- is upheld. Consequently, these grounds of appeal raised by the assessee are dismissed.” 3.3. Aggrieved with the order of the Ld. CIT(A), the assessee is in appeal before the Tribunal. Before us, the ld. Counsel for the assessee

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]

section 80IA of the Act we hold that the ld. CIT(A) is correct in holding the assessee’s entitlement for deduction u/s 80IA of the Act. Accordingly this ground of appeal raised by the revenue stands dismissed.” 30. Respectfully following the decision of the Tribunal we hold that there is no merit in ground no.4 raised by the revenue

DCIT, CIRCLE - 1, KOLKATA, KOLKATA vs. M/S. MCNALLY SAYAJI ENGINEERING LIMITED, KOLKATA

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

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

30 of the Act does not specifically define the term ‘ current repairs’. The assessee placed reliance on the definition given in the dictionary. Reference was invited to Oxford Dictionary to define the term ‘current’ in conjunction with repairs. According to the Oxford Dictionary, the word ‘current’ is derived from the latin word ‘currere’ which means ‘to run’. The word ‘current

MC NALLY SAYAJI ENGINEERING LIMITED,NORTH 24 PARGANAS vs. D.C.I.T CIR - 1,KOLKATA, KOLKATA

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

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

30 of the Act does not specifically define the term ‘ current repairs’. The assessee placed reliance on the definition given in the dictionary. Reference was invited to Oxford Dictionary to define the term ‘current’ in conjunction with repairs. According to the Oxford Dictionary, the word ‘current’ is derived from the latin word ‘currere’ which means ‘to run’. The word ‘current

ITO, WARD-45(2), KOLKATA, KOLKATA vs. M/S ASHOK TRADING COMPANY, KOLKATA

In the result, Revenue’s appeal is partly allowed for statistical purpose

Bench: Shrin.V.Vasudevan & Shri Waseem Ahmedassessment Year :2006-07

TDS provisions. The same fact has also been decided by the Hon’ble jurisdictional High court in the case of Crescent Exports vs CIT (2013) 33 taxmann.com 250 (Cal) wherein even the oral or unwritten contracts were held valid and within the purview of sections 194C read with section 40(a)(ia). So the contention of the assessee herein

ACIT, CIR-3(TDS), KOLKATA, KOLKATA vs. VODAFONE SOUTH LTD., KOLKATA

Appeals are partly allowed and that of Revenue stand dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

section 194H of the Act. 8.2 However the present assessee has modified the agreement with its distributors and its relevant clauses of the agreement with M/s Rajsikha Communication, one of the distributors, for prepaid business model w.e.f. 21st April 2009 on sample basis are reproduced below:- “2. APPOINTMENT ITA No.1499-1502, 1537-1540/Kol/2015 & 136-137 & 232-233/Kol/2016 Vodafone East

ACIT, CIR-3(TDS), KOLKATA, KOLKATA vs. VODAFONE MOBILE SERVICES LTD. (FORMERLY KNOWN AS VODAFONE SOUTH LTD.), KOLKATA

Appeals are partly allowed and that of Revenue stand dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

section 194H of the Act. 8.2 However the present assessee has modified the agreement with its distributors and its relevant clauses of the agreement with M/s Rajsikha Communication, one of the distributors, for prepaid business model w.e.f. 21st April 2009 on sample basis are reproduced below:- “2. APPOINTMENT ITA No.1499-1502, 1537-1540/Kol/2015 & 136-137 & 232-233/Kol/2016 Vodafone East

ACIT, CIRCLE - 3 (TDS), KOLKATA, KOLKATA vs. VODAFONE MOBILE SERVICES LTD. (FORMERLY KNOWN AS VODAFONE EAST LTD.), KOLKATA

Appeals are partly allowed and that of Revenue stand dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

section 194H of the Act. 8.2 However the present assessee has modified the agreement with its distributors and its relevant clauses of the agreement with M/s Rajsikha Communication, one of the distributors, for prepaid business model w.e.f. 21st April 2009 on sample basis are reproduced below:- “2. APPOINTMENT ITA No.1499-1502, 1537-1540/Kol/2015 & 136-137 & 232-233/Kol/2016 Vodafone East