ALLAHABAD BANK,KOLKATA vs. D.C.I.T CIR - 6,KOLKATA., KOLKATA

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

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

TDS details were not submitted before AO as these were not procured from the branches. He further submitted that the documents now have been collected and accordingly requested the Bench to restore the issue back to the file of Assessing Officer for fresh adjudication. Ld. DR, on the other hand, agreed to the submission of the AR. 21. We have

ITO (IT), KOLKATA, KOLKATA vs. M/S. ELECTROSTEEL CASTING LIMITED., KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Hon’Ble Sri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 2249/Kol/2014 Assessment Year : 2011-12 I.T.O. (International Taxation), -Vs.- M/S. Electrosteel Casting Ltd. Kolkata Kolkata [Pan : Aaace 4975 B] (Respondent) (Appellant) For The Appellant : None For The Respondent : Shri Ravi Tulsiyan, Fca Date Of Hearing : 14.06.2017. Date Of Pronouncement : 07.07.2017 Order

TDS Date of Nature of No. Recipient amount amou remittance payment (Rs.) nt 1. PRIME GROUP 1042448 UAE 0 13/04/2010 Commission ASSOCIATES 5568326 0 23/07/2010 10832518 0 22/06/2010 1276770 0 12/10/2010 4316014 0 21/09/2010 4920574 0 30/11/2010 5218172 0 18/01/2011 4910549 0 22/02/2011 1875582 0 11/03/2011 1728223 0 25/03/2011 2. MR.EDWARD 64534 Malta 0 08/10/2010 Commission ZAMMIT 319252 0 25/01/2011

DCIT, CIRCLE-5(1), KOLKATA, KOLKATA vs. M/S. SOMANY CERAMICS LTD. ( FORMERLY KNOWN AS SPL LTD.), KOLKATA

In the result, the appeal filed by the revenue is dismissed

Bench: : Shri J. Sudhakar Reddy & Shri S.S.Viswanethra Ravia.Y 2004-05

TDS is attracted. 29. After considering the above the CIT-A deleted the disallowance made u/s. 40(a)(ia) of the Act. 30. The ld. DR relied on the order of the AO. On the other hand, the ld. AR submits that the issue on hand is covered by the order dt. 04-03-2016 of this Co-ordinate Bench

SMT USHA DEVI KEJRIWAL,KOLKATA vs. ACIT, CIR-41, KOLKATA, KOLKATA

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

Bench: Shri S. S. Godara, J.M &Dr. A.L.Saini, A.M आयकरअपीलसं./Ita No.1461/Kol/2016 ("नधा"रणवष" / Assessment Year: 2011-12) Smt. Usha Devi Kejriwal Vs. Acit, Circle-41, Kolkata

section 40(a)(ia) of the I.T. Act, 1961 and hence the ld AO disallowed the same. 5 On appeal by the assessee, the CIT(A) confirmed the order passed by the A.O.Aggrieved by the order of the ld. CIT(A), the assessee is in appeal before us. Assessment Year: 2011-12 Smt. Usha Devi Kejriwal 6. The ld. Counsel

ACIT, CIRCLE - 2(1), , KOLKATA vs. TCG URBAN INFRASTRUCTURE HOLDINGS PVT LTD.,, KOLKATA

Accordingly, the same is dismissed

Bench: Shri Sanjay Garg & Dr. M.L.Meenaआयकर अपील सं.य/

482/­ .(4) Payment to studio Praxis for Architectural Consultancy fees and (5) Rs.43,200/­ Brokerage paid to Knight Frank India Pvt. Ltd Rs.3,24,000/­. I observe that all these expenses were incurred in the setting up and maintenance of the Mumbai Office, and they cannot be rejected merely as the business was not bringing positive incomes. Here I observe

M/S SALARPURIA PROPERTIES PVT LTD.,KOLKATA vs. A.C.I.T.,CC-3(2), KOLKATA

Bench: Sri Sanjay Garg & Sri Manish Borad)

Section 40(a)(ia) of the Act, interest on service tax and TDS and miscellaneous other issues. After considering the submissions of the assessee ld. AO assessed the income at Rs.55,13,56,730/- after making following additions to the gross total income of the assessee of Rs.47,96,15,068/- shown by the assessee in the computation of income

A.C.I.T.,CIRCLE-3(2), KOLKATA vs. M/S SALARPURIA PROPERTIES PVT. LTD., KOLKATA

Bench: Sri Sanjay Garg & Sri Manish Borad)

Section 40(a)(ia) of the Act, interest on service tax and TDS and miscellaneous other issues. After considering the submissions of the assessee ld. AO assessed the income at Rs.55,13,56,730/- after making following additions to the gross total income of the assessee of Rs.47,96,15,068/- shown by the assessee in the computation of income

SUNIL AGARWAL,KOLKATA vs. ACIT, CIRCLE - 50, KOLKATA, KOLKATA

In the result, assessee’s appeal is allowed

Bench: Shris.S.Viswanethra Ravi, Hon’Ble & Dr.A.L. Saini, Hon’Ble

TDS has been claimed by Mrs.Dewangan (vii) No statement of the Loan creditor was recorded under section 131 of the Act. (viii) Sanjay Dewangan identified VatsalaDewangan as his mother in his statement recorded under section 131 of the Act, a fact which is on record. 9. Hemant Kumar Dewangan (i) Loan of Rs.3,00,000 received on 08.03.2010 by cheque

DCIT, CIRCLE - 10, KOLKATA, KOLKATA vs. M/S. ICI INDIA LTD., KOLKATA

In the result, Revenue’s appeal is partly allowed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

482 / 110 taxman 511 that retrospective withdrawal and / or cancellation of certificate will have no effect upon the assessee which has acted upon it when it was valid and operative. In the instant case, on the basis of valid certificate issued by the appropriate authority the ICI R & T Centre, Thane has continued the research work and the appellant company

M/S. ICI INDIA LIMITED,KOLKATA vs. DCIT, CIRCLE - 10, KOLKATA, KOLKATA

In the result, Revenue’s appeal is partly allowed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

482 / 110 taxman 511 that retrospective withdrawal and / or cancellation of certificate will have no effect upon the assessee which has acted upon it when it was valid and operative. In the instant case, on the basis of valid certificate issued by the appropriate authority the ICI R & T Centre, Thane has continued the research work and the appellant company

M/S. ICI INDIA LIMITED,KOLKATA vs. DCIT, CIRCLE - 10, KOLKATA, KOLKATA

In the result, Revenue’s appeal is partly allowed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

482 / 110 taxman 511 that retrospective withdrawal and / or cancellation of certificate will have no effect upon the assessee which has acted upon it when it was valid and operative. In the instant case, on the basis of valid certificate issued by the appropriate authority the ICI R & T Centre, Thane has continued the research work and the appellant company

ACIT, CIRCLE - 10, KOLKATA, KOLKATA vs. M/S. ICI INDIA LTD., KOLKATA

In the result, Revenue’s appeal is partly allowed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

482 / 110 taxman 511 that retrospective withdrawal and / or cancellation of certificate will have no effect upon the assessee which has acted upon it when it was valid and operative. In the instant case, on the basis of valid certificate issued by the appropriate authority the ICI R & T Centre, Thane has continued the research work and the appellant company

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 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

MEGA ENGINEERS & BUILDERS,PORT BLAIR vs. DCIT, CIR. 3(2) , PORT BLAIR

In the result, the appeal of assessee is allowed

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

482/- and interest of Rs. 36,076/- paid on the car loan as relating to personal purposes. 8. Having considered the facts on record, we observe that during the year the assessee has purchased XUV 500 on 15.12.2016 for Rs. 17,79,756/- and the vehicle was registered in the name of Shri Suman Kumar Goel, one of the partners

M/S. BENGAL SHRISTI INFRASTRUCTURE DEVELOPMENT LTD.,DURGAPUR vs. A.C.I.T., CIRCLE - 2, DURGAPUR, DURGAPUR

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

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumar

TDS refund. Similarly it did not dispute about disallowance of P.F. & ESI payments because they were not paid within the due date provided under those Acts. 3 Assessment Year : 2013-2014 M/s. Bengal Shristi Infrstructure Development Limited This issue is otherwise also covered by the judgment of the Hon’ble Supreme Court in the case of Checkmate Services Pvt. Limited

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

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 thereon). • During the year under consideration, the Bank has made payments to the employees amounting to Rs 5.38 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

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 thereon). • During the year under consideration, the Bank has made payments to the employees amounting to Rs 5.38 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