SPECIAL LAND ACQUISITION OFFICER,BURDWAN vs. ITO, WD-4(2), BURDWAN, BURDWAN

In the result, the appeals filed by the assessee (in ITA No

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.1280 To 1285/Kol/2016 ("नधा"रणवष" / Assessment Years: 2009-10 To 2014-15) Special Land Acquisition Vs. I.T.O, Wd-4(2), Burdwan Officer, Burdwan Aayakar Bhawan, Court Compound, Bda Guest House, Badamtala, Burdwan – 713101. Burdwan – 713101. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Cals 16006 E (Assessee) .. (Respondent)

section 194LA of the Act. After examination of the books (Award Registers), the Assessing Officer worked out the TDS u/s 194LA @10% which is given below: Sl Month Amount of Payments TDS u/s 194LA @10% (a) (b) (c) (d) 1 June,2009 5,29,549 52,955 2 July,2009 6,07,544 60,754 3 Ausust

SPECIAL LAND ACQUISITION OFFICER,BURDWAN vs. ITO, WD-4(2), BURDWAN, BURDWAN

In the result, the appeals filed by the assessee (in ITA No

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.1280 To 1285/Kol/2016 ("नधा"रणवष" / Assessment Years: 2009-10 To 2014-15) Special Land Acquisition Vs. I.T.O, Wd-4(2), Burdwan Officer, Burdwan Aayakar Bhawan, Court Compound, Bda Guest House, Badamtala, Burdwan – 713101. Burdwan – 713101. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Cals 16006 E (Assessee) .. (Respondent)

section 194LA of the Act. After examination of the books (Award Registers), the Assessing Officer worked out the TDS u/s 194LA @10% which is given below: Sl Month Amount of Payments TDS u/s 194LA @10% (a) (b) (c) (d) 1 June,2009 5,29,549 52,955 2 July,2009 6,07,544 60,754 3 Ausust

SPECIAL LAND ACQUISITION OFFICER,BURDWAN vs. ITO, WD-4(2), BURDWAN, BURDWAN

In the result, the appeals filed by the assessee (in ITA No

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.1280 To 1285/Kol/2016 ("नधा"रणवष" / Assessment Years: 2009-10 To 2014-15) Special Land Acquisition Vs. I.T.O, Wd-4(2), Burdwan Officer, Burdwan Aayakar Bhawan, Court Compound, Bda Guest House, Badamtala, Burdwan – 713101. Burdwan – 713101. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Cals 16006 E (Assessee) .. (Respondent)

section 194LA of the Act. After examination of the books (Award Registers), the Assessing Officer worked out the TDS u/s 194LA @10% which is given below: Sl Month Amount of Payments TDS u/s 194LA @10% (a) (b) (c) (d) 1 June,2009 5,29,549 52,955 2 July,2009 6,07,544 60,754 3 Ausust

SPECIAL LAND ACQUISITION OFFICER,BURDWAN vs. ITO, WD-4(2), BURDWAN, BURDWAN

In the result, the appeals filed by the assessee (in ITA No

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.1280 To 1285/Kol/2016 ("नधा"रणवष" / Assessment Years: 2009-10 To 2014-15) Special Land Acquisition Vs. I.T.O, Wd-4(2), Burdwan Officer, Burdwan Aayakar Bhawan, Court Compound, Bda Guest House, Badamtala, Burdwan – 713101. Burdwan – 713101. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Cals 16006 E (Assessee) .. (Respondent)

section 194LA of the Act. After examination of the books (Award Registers), the Assessing Officer worked out the TDS u/s 194LA @10% which is given below: Sl Month Amount of Payments TDS u/s 194LA @10% (a) (b) (c) (d) 1 June,2009 5,29,549 52,955 2 July,2009 6,07,544 60,754 3 Ausust

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

TDS has been made and deposited as per\nlaw. Hence, Ground No. 7 is partly allowed for statistical purpose\n19. Ground No. 8 relates to the Ld. CIT(A) erring in upholding the\ndeduction of ₹5,24,52,578/- instead of correct amount of\n*5,83,40,045/-, which was resulting in short deduction of ₹58,87,467/-\nu/s

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

TDS has been made and deposited as per\nlaw. Hence, Ground No. 7 is partly allowed for statistical purpose\n19. Ground No. 8 relates to the Ld. CIT(A) erring in upholding the\ndeduction of ₹5,24,52,578/- instead of correct amount of\n*5,83,40,045/-, which was resulting in short deduction of ₹58,87,467/-\nu/s

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 has been made and deposited as per law. Hence, Ground No. 7 is partly allowed for statistical purpose 19. Ground No. 8 relates to the Ld. CIT(A) erring in upholding the deduction of ₹5,24,52,578/- instead of correct amount of ₹5,83,40,045/-, which was resulting in short deduction of ₹58,87

DEBJYOTI MISHRA,KOLKATA vs. ITO, WARD-22(4), KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed

Bench: : Shri M.Balaganesh & Shri S.S.Viswanethra Ravi

Section 194(C) and disallowed of Rs. 87,388/- on account of Studio Hire Charges and as discussed above, the CIT-A dismissed the appeal of the Assessee for non-appearance. 6. Before us, the Ld.AR argued that the assessee submitted through reply on 05-12-2008 during the assessment proceedings stating that he did not pay more than

DCIT,CIRCLE-15(2), KOLKATA, KOLKATA vs. M/S L.G.W. LIMITED, NORTH 24 PARGANAS

Appeal is dismissed

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2012-13 Dcit, Circle-15(2), V/S. M/S L.G.W. Ltd., 10, Shantipally, Em Vill. Narayanpur, P.O. Bypass, Aayakar Rajarhat, Gopalpur, 24- Bhawan, Poorva, 6Th Parganas (North), West Floor, R.No.615, Bengal-700136 Kolkata-700 107 [Pan No.Aaacl 4670 N] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri G. Mallikarjuna, Cit- अपीलाथ" क" ओर से/By Appellant Dr Shri A.K. Tibrerwal, Ar ""यथ" क" ओर से/By Respondent 09-07-2018 सुनवाई क" तार"ख/Date Of Hearing 05-10-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Revenue’S Appeal For Assessment Year 2012-13 Is Directed Against The Commissioner Of Income Tax (Appeals)-5, Kolkata’S Order Dated 29.06.2016, Passed In Case No.47/Cit(A)-5/Cir.14(1)/15-16, In Proceedings U/S. 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties Case File Perused. 2. The Revenue’S First Substantive Ground Challenges Correctness Of The Cit(A)’S Action Reversing Assessment Findings Disallowing The Taxpayer’S Commission Payments Made To Foreign Export Agents Amounting To ₹257,60,898/- For Non Deduction Of Tds U/S 40(A)(I) As Follows:- “1. Commission To Foreign Agents - Rs.2,57,60,898/- The Ao Has Added Sum Of Rs.2,57,60,898/- By Holding That The Said Amounts Were Paid To Foreign Agents Without Deduction Of Tds U/S.195. The Addition Has Been Made U/S

87 (Mad) 1.3 However the Id. DCIT did not agree with the submission of the assessee as aforesaid and disallowed the amount of commission paid to overseas agents by wrongly invoked the provisions of Sec 40(a)(i) and by alleging that the assessee was responsible for deduction of TDS on such payments on the grounds stated hereunder. The Appellant

ACIT, CIR-29, KOLKATA, KOLKATA vs. ANS LEATHER COMPANY, KOLKATA

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

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1071/Kol/2015 ("नधा"रणवष" / Assessment Year: 2009-10) Acit, Circle-29, Kolkata Vs. Ans Leather Company

section 40A (3) of the Act.That being so, we decline to interfere in the order passed by the ld CIT(A), his order on this issue is hereby upheld and ground of Revenue is dismissed. 9. Ground No.2 raised by the Revenue relates to addition in respect of clearing and forwarding charges of Rs.9,87,600/- for non deduction

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

87,750/- and book profit of Rs. 4,46,81,226/- u/s 115JB of the Act. The assessee is engaged in the business of importing and selling of wood products. It was noticed that the assessee had debited usance interest and L.C. charges amounting to Rs. 12,72,292/-. Admittedly no tax had been deducted

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

87,750/- and book profit of Rs. 4,46,81,226/- u/s 115JB of the Act. The assessee is engaged in the business of importing and selling of wood products. It was noticed that the assessee had debited usance interest and L.C. charges amounting to Rs. 12,72,292/-. Admittedly no tax had been deducted

M/S. EVEREADY INDUSTRIES INDIA LTD.,KOLKATA vs. PR.CIT-4, KOLKATA

In the result, the appeal of the assessee stands allowed

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

TDS return under section 194IA was one of the criteria for selection of the case in scrutiny. The same was not properly verified by the A.O. (e) It is further seen that write off of fixed asset of Rs. 42,93,049/- as per clause 21(a) of TAR was not added back by the A.O during the course

DCIT, C.C.-XVI, KOLKATA, KOLKATA vs. M/S. EASTERN MINERAL & TRADING AGENCY, ASANSOL

In the result, all the appeals of the revenue and corresponding cross objections of the assessee are dismissed as under:-

TDS on such payment and only on account of accountancy reasons appear as advance in the books of appellant for the Financial Year relevant to the Assessment Year under appeal, cannot in any manner be considered as avoidance of tax. In other words, the provisions of section 2(22)(e) do not apply on such advances which are appearing

INDIAN OIL CORPORATION LTD. MARKETING DIVISION (EASTERN REGION),KOLKATA vs. DCIT, CIRCLE - 58 (TDS)/KOLKATA, KOLKATA

In the result, assessee’s appeal is allowed

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

87,592/- is liable to deduction u/s. 194C of the Act. 3.1 Facts in brief are that in the present case, assessee is a company owned by Central Government and engaged in oil business. There was a survey on the premises of assessee on 04.11-2004 under section 133A of the Act. During the survey it was observed

DCIT, CC-1(3), KOLKATA, KOLKATA vs. M/S. EMC LIMITED, KOLKATA

In the result, both the appeal of revenue is dismissed

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am]

TDS on retention money during 8 I.T.A. No. 498/Kol/2018 & 2149/Kol/2017 M/s. EMC. Ltd., Assessment Year: 2014-15 the year, the retention money has to be included as income accrued during the assessment year in question which action, according to ld. AR, is erroneous. 9. The Ld. AR further submitted that though the assessee entered amount of gross bills

ITO, WARD - 28(1), KOLKATA , KOLKATA vs. SHRI DIPTENDRA NATH GANGULY, KOLKATA

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

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2413/Kol/2016 ("नधा"रणवष" / Assessment Year: 2008-09) Ito, Ward-28(1), Kolkata Vs. Shri Diptendra Nath Ganguly M/S. Techcreate India, 110/18A, Aayakar Bhawan Dakhin, 2, Gariahat Selimpur Road, Kolkata – 700031. Road (South), Kol-68. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Afdpg 7982 D (Appellant) .. (Respondent)

87,502/- and deducted TDS of Rs. 1,37,931/-. During the assessment proceedings, the assessee submitted that these payments were purely advances and advances received is not an income as no bill has been raised during the F.Y. 2007-08. However, the Assessing Officer rejected the contention of the assessee and held that as per Section

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]

TDS RECOVERABLE – Rs. 5,53,934/- AND ADVANCES WRITTEN OFF – Rs. 1,73,862/- Ground Nos. 2(a) & 2(b) in ITA No. 927/Kol/2013 for Asst Year 2009-10 The brief facts of this issue is that the ld AO observed that the assessee had debited bad debts aggregating to Rs. 99,87,000/- in its profit and loss account