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

1)(va) to deposit the amounts retained by it or deducted by it from the employee's income, unless the condition that it is deposited on or before the due date, is correct and justified. The non-obstante clause has to be understood in the context of the entire provision of Section 43B which is to ensure timely payment before

EXIMCORP INDIA PRIVATE LIMITED. ,KOLKATA vs. ACIT,CIR-5(2),KOLKATA. , KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Sri Rajpal Yadav, Vice- & Sri Sanjay Awasthi

73,900/- u/s 115JB of the Act. In this year also the assessee was engaged in the business of importing and selling of wood panel products etc. Even in this year, it was noticed that the assessee had debited on account of usance interest and L.C. confirmation charges amounting to Rs. 14,56,914/- and Rs. 2,11,332/-. After

EXIMCORP INDIA (P) LTD. ,KOLKATA vs. ACIT,CIR-5(2),KOLKATA. , KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Sri Rajpal Yadav, Vice- & Sri Sanjay Awasthi

73,900/- u/s 115JB of the Act. In this year also the assessee was engaged in the business of importing and selling of wood panel products etc. Even in this year, it was noticed that the assessee had debited on account of usance interest and L.C. confirmation charges amounting to Rs. 14,56,914/- and Rs. 2,11,332/-. After

ACIT, CIRCLE - 13(2), KOLKATA , KOLKATA vs. M/S. PADMA LOGISTICS & KHANIJ PRIVATE LIMITED , KOLKATA

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

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]

73(2) section 73A(2) or sub-section (1) or sub- section (3) of section 74, or sub-section (3) of section 74A, being the sections mentioned in section 139(3) of the Act. Section 72A(4) of the Income-tax Act, 1961 reads as under: "Notwithstanding anything contained in any other provisions of this Act, in the case

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

1. THAT on the facts of the case, the order dated 26-09-2024 confirming\nthe penalty of Rs.11,73,586/- under section 271C of the Income Tax Act,\n1961 by the Ld. Commissioner of Income Tax(Appeals), National Faceless\nAppeal Centre (NFAC), Income Tax Department, Delhi for the A.Y. 2013-14\nis completely arbitrary, unjustified

JASHOJIT MUKHERJEE,KOLKATA vs. ACIT, CIR-50, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Hon’Ble Shri S.S. Godara, Jm & Shri M.Balaganesh, Am ] I.T.A No. 403/Kol/2017 Assessment Year : 2012-13 Jashojit Mukherjee -Vs- Acit, Circle-50, Kolkata [Pan: Afapm 7208 R] (Appellant) (Respondent)

TDS and closing balance of each of the creditors. From the same, the ld AO issued notice u/s 133(6) of the Act to 4 parties , out of which 2 notices returned unserved ; 1 notice was served but no reply was received from the party and balance 1 notice was served and reply was received from the said supplier

PASSPORT JEANS PVT LTD ,KOLKATA vs. DCIT, CPC, BANGALORE

In the result, the appeal of assessee is partly allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawal]

1) against the assessment order passed by DCIT-CPC-TDS u/s. 200A of the Income-tax Act, 1961 (hereinafter referred to as the “Act”) dated 25.01.2019. 2. The sole ground of appeal of the assessee is against the order of the Ld. CIT(A) in confirming the action of the AO of levying the fee u/s. 234E of Rs.73

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

73 Taxmann.com 252 dated 26.08.2016) has held that the amendment in section 200A by way of insertion of clause (c) is only with effect from (w.e.f.) 01.06.2015 and therefore no fees would be payable by the assessee for any period prior to 01.06.2015. And further, according to the Ld. AR, this decision of the Hon’ble Karnataka High Court

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

73 Taxmann.com 252 dated 26.08.2016) has held that the amendment in section 200A by way of insertion of clause (c) is only with effect from (w.e.f.) 01.06.2015 and therefore no fees would be payable by the assessee for any period prior to 01.06.2015. And further, according to the Ld. AR, this decision of the Hon’ble Karnataka High Court

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

73 Taxmann.com 252 dated 26.08.2016) has held that the amendment in section 200A by way of insertion of clause (c) is only with effect from (w.e.f.) 01.06.2015 and therefore no fees would be payable by the assessee for any period prior to 01.06.2015. And further, according to the Ld. AR, this decision of the Hon’ble Karnataka High Court

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

73 Taxmann.com 252 dated 26.08.2016) has held that the amendment in section 200A by way of insertion of clause (c) is only with effect from (w.e.f.) 01.06.2015 and therefore no fees would be payable by the assessee for any period prior to 01.06.2015. And further, according to the Ld. AR, this decision of the Hon’ble Karnataka High Court

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

73 Taxmann.com 252 dated 26.08.2016) has held that the amendment in section 200A by way of insertion of clause (c) is only with effect from (w.e.f.) 01.06.2015 and therefore no fees would be payable by the assessee for any period prior to 01.06.2015. And further, according to the Ld. AR, this decision of the Hon’ble Karnataka High Court

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

73 Taxmann.com 252 dated 26.08.2016) has held that the amendment in section 200A by way of insertion of clause (c) is only with effect from (w.e.f.) 01.06.2015 and therefore no fees would be payable by the assessee for any period prior to 01.06.2015. And further, according to the Ld. AR, this decision of the Hon’ble Karnataka High Court

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

73 Taxmann.com 252 dated 26.08.2016) has held that the amendment in section 200A by way of insertion of clause (c) is only with effect from (w.e.f.) 01.06.2015 and therefore no fees would be payable by the assessee for any period prior to 01.06.2015. And further, according to the Ld. AR, this decision of the Hon’ble Karnataka High Court

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

73 Taxmann.com 252 dated 26.08.2016) has held that the amendment in section 200A by way of insertion of clause (c) is only with effect from (w.e.f.) 01.06.2015 and therefore no fees would be payable by the assessee for any period prior to 01.06.2015. And further, according to the Ld. AR, this decision of the Hon’ble Karnataka High Court

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

TDS was not deducted. However, Ld. DRP disregarded the contention of assessee and confirmed the order of AE by observing as under:- “DRP directions: The AO has to follow the lawful limits as provided in section 195 in this scenario. The assessee has made the following payments; Particulars Amount (Rs in lacs) Professional and consultancy fees 1

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

1. THAT on the facts of the case, the order dated 26-09-2024 confirming the penalty of Rs.11,73,586/- under section 271C of the Income Tax Act, 1961 by the Ld. Commissioner of Income Tax(Appeals), National Faceless Appeal Centre (NFAC), Income Tax Department, Delhi for the A.Y. 2013-14 is completely arbitrary, unjustified

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

1. THAT on the facts of the case, the order dated 26-09-2024 confirming\nthe penalty of Rs.11,73,586/- under section 271C of the Income Tax Act,\n1961 by the Ld. Commissioner of Income Tax(Appeals), National Faceless\nAppeal Centre (NFAC), Income Tax Department, Delhi for the A.Y. 2013-14\nis completely arbitrary, unjustified