DCIT, CENTRAL CIRCLE - 1(4), KOLKATA , KOLKATA vs. M/S. HINDUSTAN URBAN INFRASTRUCTURE LTD.(HINDUSTAN VIDYUT PRODUCT LTD.,), NEW DELHI

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

TDS certificate is essential. 6. Whether this contention is correct, is the issue to be decided. 7. In order to appreciate this contention, it is necessary to consider the relevant provisions of the Act:-- (i) Section 40(a)(i) of the Act :-- "Section 40 - Amounts not deductible: Notwithstanding anything to the contrary in sections 30 to 38, the following amounts

DCIT, CENTRAL CIRCLE - 1(4), KOLKATA , KOLKATA vs. M/S. HINDUSTAN URBAN INFRASTRUCTURE LTD.(HINDUSTAN VIDYUT PRODUCT LTD.,), NEW DELHI

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

TDS certificate is essential. 6. Whether this contention is correct, is the issue to be decided. 7. In order to appreciate this contention, it is necessary to consider the relevant provisions of the Act:-- (i) Section 40(a)(i) of the Act :-- "Section 40 - Amounts not deductible: Notwithstanding anything to the contrary in sections 30 to 38, the following amounts

D.C.I.T.,CIRCLE-2(2), KOLKATA vs. M/S SHALIMAR WIRES INDUSTRIES LTD., KOLKATA

Appeal is dismissed

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2013-14

TDS certificate is essential. 6. Whether this contention is correct, is the issue to be decided. 7. In order to appreciate this contention, it is necessary to consider the relevant provisions of the Act:— (i) Section 40(a)(i) of the Act :— "Section 40 - Amounts not deductible: Notwithstanding anything to the contrary in sections 30 to 38, the following amounts

M/S. ELECTROSTEEL CASTING LIMITED.,KOLKATA vs. ITO (INTERNATIONAL TAXATION) WARD, KOLKATA , KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey)

TDS certificate is essential. Whether this contention is correct, is the issue to be decided. 6. 7. In order to appreciate this contention, it is necessary to consider the relevant provisions of the Act:— (i) Section 40(a) (i) of the Act:— "Section 40 - Amounts not deductible: Notwithstanding anything to the contrary in sections 30 to 38, the following amounts

DCIT, CIR-10(2), KOLKATA, KOLKATA vs. M/S SONODYNE TELEVISION CO. LTD., KOLKATA

In the result, Revenue’s appeal stands dismissed

Bench: Hon’Ble Shri Waseem Ahmed, Am & Hon’Ble Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 330/Kol/2016 Assessment Year :2011-12 Dcit, Circle-10(2), Kolkata -Vs- M/S Sonodyne Television Co. Ltd. [Pan: Aaecs 7096 R] (Appellant) (Respondent)

section 41(1) of the Act. Hence, the ground of appeal filed by the Revenue is dismissed. 8. Next issue raised by Revenue in ground no. 2 and 3 is that the Ld. CIT(A) erred in deleting the addition made by the AO for Rs. 9,20,543/- on account of undisclosed income. 9. The assessee in the year

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

TDS was actually made and paid to the credit of Central\nGovernment.\n5. THAT your petitioner reserves the right to prefer further ground(s) and/or\ndelete/modify ground(s)/arguments, submit documents before the final\ndisposal of this appeal.\"\nWe shall first take up the appeal in ITA No. 974/KOL/2024 for\nadjudication.\n3. Brief facts of the case are that

MANOJ SINGH,KOLKATA vs. DCIT, CIR-51, KOLKATA, KOLKATA

In the result, appeal filed by the assessee is allowed

Bench: Shri S.S.Viswanethra Ravi, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.455/Kol/2015 ("नधा"रण वष" /Assessment Year:2007-2008) Manoj Singh, Vs. Dcit, Cir-51/Kol, 47, B.T.Road, Uttarapan, Kolkata-700054 Khardah, 24 Pgs (N), Kolkata-700116 "थायी लेखा सं./जीआइआर सं./Pan/Gir No.: Altps 9206 J .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Assessee By : Shri V.N.Purohit, Advocate Revenue By : Shri Arvindam Bhattacharya, Jcit सुनवाई क" तार"ख / Date Of Hearing : 03/01/2017 घोषणा क" तार"ख/Date Of Pronouncement 20/01/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To The Assessment Year 2007-08, Is Directed Against The Order Passed By Ld. Commissioner Of Income Tax (Appeals)-15, Kolkata, In Appeal No.252/Cit(A)-15/14-15/Cir-51/Kol, Dated 23.02.2015, Which In Turn Arises Out Of An Order Passed By The Assessing Officer (Ao) Under Section 143(3) Of The Income Tax Act 1961, (In Short The ‘Act’), Dated 29.12.2009. 2. Brief Facts Of The Case Qua The Assessee Are That The Assessee Filed Its Return Of Income On 31.10.2007 Declaring Total Income Of Rs.8,97,213/- Asessee’S Case Was Selected For Scrutiny U/S.143(3) & The Ao Has Completed The Assessment U/S.143(3) Of The Act By Making The Addition On Account Of Remission Of Liability U/S.41(1) At Rs.9,00,690/-. The Assessee Runs A Transport Business Under The Name M/S Ma Kali The Name M/S Ma Kali Automobile. While Making The Assessment

Section 41 (1) of the Act, would not be applicable. Here, according to the books of accounts of the appellant, there were payments to the creditors. There are also evidences in that regard like cash vouchers. Simply on the basis of the fact that the assessee could not immediately furnish the names and addresses of the payees

M/S BALMER LAWRIES & CO. LTD.,KOLKATA vs. INCOME TAX OFFICER(IT) WD-1(1), KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

Bench: Shri Mahavir Singh & Shri Waseem Ahmedassessment Year :2012-13 M/S Balmer Lawrie & Co. V/S. Income Tax Officer Ltd., 21, N.S.Road, (International Taxation), Kolkata-700 001 Ward-1(1), Aayakar [Pan No. Aabcb 0984 E] Bhawan (Poorva), 2Nd Floor, R. No.215, 110, Shanti Pally, Kolkata- 700 107 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri M.K.Poddar, Sr-Advocate अपीलाथ" क" ओर से/By Appellant Shri C.P.Bhatia, Jcit-Dr ""यथ" क" ओर से/By Respondent 18-02-2016 सुनवाई क" तार"ख/Date Of Hearing 27-04-2016 घोषणा क" तार"ख/Date Of Pronouncement

41 eee. in the circumstances mentioned hereinabove, the Appellant Company was not required to deduct any tax at source either under section 195 and/or section 195A of the said Act; fff. the decision of the Hon’ble Supreme Court in Transmission Corporation of Andhra Pradesh Ltd. v. CIT (1999) 239 ITR 587 (SC) = (1999) 105 Taxman 742 (SC) referred

EIH LIMITED,KOLKATA vs. DCIT, CIR-8(1)KOL., KOLKATA

In the result, assessee’s appeal stands partly allowed for statistical purpose

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2012-13 Eih Ltd V/S. Dcit, Circle-8(1), 4, Mangoe Lane, Aayakar Bhawan, P-7, Kolkata-700 001 Chowringhee Square, [Pan No.Aaace 6898 B] Kolkata-69 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Ravi Sharma, Ar अपीलाथ" क" ओर से/By Appellant Shri P.K. Srihari, Cit-Dr ""यथ" क" ओर से/By Respondent 27-02-2018 सुनवाई क" तार"ख/Date Of Hearing 16-05-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Assessee Is Directed Against The Order Of Dispute Resolution Panel-2, (Drp For Short) Dated 17.10.2016. Assessment Was Framed By Dcit, Circle-8(1), Kolkata U/S 144C(13)/143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 29.11.2016 For Assessment Year 2012-13 & Grounds Raised By Assessee Read As Under:- “1.0 Determination Of Arm'S Length Price For Corporate Guarantee Fees 1.1 On The Facts & In The Circumstances Of The Case & In Law, The Learned Transfer Pricing Officer (Hereinafter Referred To As "Ld, Tpo") & Accordingly Learned Assessing Officer (Hereinafter Referred To As "Ld. Ao") Erred In Treating The Corporate Guarantee Extended By The Appellant To Its Associated Enterprise (Ae) As International Transaction & Dispute Resolution Panel (Hereinafter Referred To As "Ld, Panel") Erred In Confirming The Same As An International Transaction Without Appreciating The Fact That It Does Not Fall Within The Ambit Of "International Transaction" U/S 92B Of The Act. 1.2 The Ld.Ao/Tpo & The Ld. Panel Failed To Appreciate The Fact That Corporate Guarantee Has Been Advanced By The Appellant As A Matter Of Commercial Prudence To Protect The Business Interest Of The Group By Fulfilling

Section 50." 2. We are in agreement with the aforesaid view taken by the High Court. 3. We are informed that the Gujrat High Court as well as Guahati High Court have also taken the same view in the following cases: i) CIT vs. Polestar Industries [2014] 41 taxmann.com 237/221 Taxman 423 ii) CIT vs. Assam Petroleum Industries

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 was actually made and paid to the credit of Central Government. 5. THAT your petitioner reserves the right to prefer further ground(s) and/or delete/modify ground(s)/arguments, submit documents before the final disposal of this appeal.” A. We shall first take up the appeal in ITA No. 974/KOL/2024 for adjudication. 3. Brief facts of the case are that

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

TDS was actually made and paid to the credit of Central\nGovernment.\n5. THAT your petitioner reserves the right to prefer further ground(s) and/or\ndelete/modify ground(s)/arguments, submit documents before the final\ndisposal of this appeal.\"\nWe shall first take up the appeal in ITA No. 974/KOL/2024 for\nadjudication.\n3. Brief facts of the case are that

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]

41,027/ - by the Bangalore unit and a sum of Rs. 4,348,330/ - paid by The Oberoi, New Delhi had been subjected to TDS. Further to the above, the assessee submitted that the payments under this head was mostly for legal charges for services rendered abroad or towards purchase of designs prepared abroad. In case the above services were

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]

41,027/ - by the Bangalore unit and a sum of Rs. 4,348,330/ - paid by The Oberoi, New Delhi had been subjected to TDS. Further to the above, the assessee submitted that the payments under this head was mostly for legal charges for services rendered abroad or towards purchase of designs prepared abroad. In case the above services were

DCIT, CIRCLE - 7, KOLKATA, KOLKATA vs. VODAFONE ESSAR EAST LIMITED, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

41(1), it is deemed to be the bu9 profits of the current year, it automatically would qualify for deduction u/s 80IA of the Act. In the following decisions, in the context of section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section 41(1

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. JCIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

41(1), it is deemed to be the bu9 profits of the current year, it automatically would qualify for deduction u/s 80IA of the Act. In the following decisions, in the context of section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section 41(1

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. ADDL. CIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

41(1), it is deemed to be the bu9 profits of the current year, it automatically would qualify for deduction u/s 80IA of the Act. In the following decisions, in the context of section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section 41(1

M/S VODAFONE EAST LIMITED (FORMERLY KNOWN AS VODAFONE ESSAR EAST LIMITED),KOLKATA vs. ACIT, CIR-7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

41(1), it is deemed to be the bu9 profits of the current year, it automatically would qualify for deduction u/s 80IA of the Act. In the following decisions, in the context of section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section 41(1

M/S. VODAFONE ESSAR EAST LIMITED,KOLKATA vs. ACIT, CIRCLE - 7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

41(1), it is deemed to be the bu9 profits of the current year, it automatically would qualify for deduction u/s 80IA of the Act. In the following decisions, in the context of section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section 41(1