M/S. LEND LEASE COMPANY (INDIA) LTD.,KOLKATA vs. ITO, CIRCLE - 6, KOLKATA, KOLKATA

In the result the appeal of the assessee is partly allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] I.T.A No. 526/Kol/2011 Assessment Year : 2005-06

1.T.A.T. has held that the entire administrative and other expenses should have been considered for. working out the proportionate expenditure due to have incurred in earning dividend income. Further, since the assessee claimed that the income from dividend is an exempt income, the provision of Section 14A is applicable. 2 3 M/s. Lend Lease Company (India)Ltd. A.Yr

TATA GLOBAL BEVERAGE LIMITED,KOLKATA vs. ACIT, CIR-4, KOLKATA, KOLKATA

In the result ITA No.1869/Kol/2014 is allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am ]

275/- as attributable towards such expenses and accordingly computed the value of Fringe benefits liable to FBT a per the provisions of Section 115WB(2)(C) of the Act. The relevant statutory provision applicable reads thus: “115WB (2) The fringe benefits shall be deemed to have been provided by the employer to his employees, if the employer

TATA GLOBAL BEVERAGE LIMITED,KOLKATA vs. ACIT, CIR-4, KOLKATA, KOLKATA

In the result ITA No.1869/Kol/2014 is allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am ]

275/- as attributable towards such expenses and accordingly computed the value of Fringe benefits liable to FBT a per the provisions of Section 115WB(2)(C) of the Act. The relevant statutory provision applicable reads thus: “115WB (2) The fringe benefits shall be deemed to have been provided by the employer to his employees, if the employer

TATA GLOBAL BEVERAGE LIMITED,KOLKATA vs. ACIT, CIR-4, KOLKATA, KOLKATA

In the result ITA No.1869/Kol/2014 is allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am ]

275/- as attributable towards such expenses and accordingly computed the value of Fringe benefits liable to FBT a per the provisions of Section 115WB(2)(C) of the Act. The relevant statutory provision applicable reads thus: “115WB (2) The fringe benefits shall be deemed to have been provided by the employer to his employees, if the employer

TATA GLOBAL BEVERAGE LIMITED,KOLKATA vs. ACIT, CIR-4, KOLKATA, KOLKATA

In the result ITA No.1869/Kol/2014 is allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am ]

275/- as attributable towards such expenses and accordingly computed the value of Fringe benefits liable to FBT a per the provisions of Section 115WB(2)(C) of the Act. The relevant statutory provision applicable reads thus: “115WB (2) The fringe benefits shall be deemed to have been provided by the employer to his employees, if the employer

TATA GLOBAL BEVERAGE LIMITED,KOLKATA vs. ACIT, CIR-4, KOLKATA, KOLKATA

In the result ITA No.1869/Kol/2014 is allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am ]

275/- as attributable towards such expenses and accordingly computed the value of Fringe benefits liable to FBT a per the provisions of Section 115WB(2)(C) of the Act. The relevant statutory provision applicable reads thus: “115WB (2) The fringe benefits shall be deemed to have been provided by the employer to his employees, if the employer

ITO, WARD - 4(1), KOLKATA, KOLKATA vs. M/S. TRIBUTE TRADING AND FINANCE LTD.,, KOLKATA

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

c) These grounds have been preferred against AO.'s action to consider L TCG on sale of shares of NCL Research & Financial Services Ltd. amounting to Rs. 3,26,63,032/- as unexplained cash credit U/s 68 by denying exemption U/s 10(38). 1. The return filed was selected for scrutiny and the Assessee complied with all statutory notices issued

ITO, WARD - 4(1), KOLKATA, KOLKATA vs. M/S. TRIBUTE TRADING AND FINANCE LTD.,, KOLKATA

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

c) These grounds have been preferred against AO.'s action to consider L TCG on sale of shares of NCL Research & Financial Services Ltd. amounting to Rs. 3,26,63,032/- as unexplained cash credit U/s 68 by denying exemption U/s 10(38). 1. The return filed was selected for scrutiny and the Assessee complied with all statutory notices issued

SRI SUBRATA BANERJEE ,KOLKATA vs. ACIT, CIRCLE - 51(1) , KOLKATA

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

c) These grounds have been preferred against AO.'s action to consider L TCG on sale of shares of NCL Research & Financial Services Ltd. amounting to Rs. 3,26,63,032/- as unexplained cash credit U/s 68 by denying exemption U/s 10(38). 1. The return filed was selected for scrutiny and the Assessee complied with all statutory notices issued

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

capital investment were not able to make profits in the initial few years of operation. The instant case of appellant squarely falls within the intention of legislature and therefore if in Assessment Year 2004-05 appellant has claimed the deduction u/s. 80IA for the first time then for all practical purposes it has expressed its option of choosing the period

ACIT, CIRCLE - 7, KOLKATA vs. HUTCHISON TELECOM EAST LIMITED, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

capital investment were not able to make profits in the initial few years of operation. The instant case of appellant squarely falls within the intention of legislature and therefore if in Assessment Year 2004-05 appellant has claimed the deduction u/s. 80IA for the first time then for all practical purposes it has expressed its option of choosing the period

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

capital investment were not able to make profits in the initial few years of operation. The instant case of appellant squarely falls within the intention of legislature and therefore if in Assessment Year 2004-05 appellant has claimed the deduction u/s. 80IA for the first time then for all practical purposes it has expressed its option of choosing the period

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

capital investment were not able to make profits in the initial few years of operation. The instant case of appellant squarely falls within the intention of legislature and therefore if in Assessment Year 2004-05 appellant has claimed the deduction u/s. 80IA for the first time then for all practical purposes it has expressed its option of choosing the period

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

capital investment were not able to make profits in the initial few years of operation. The instant case of appellant squarely falls within the intention of legislature and therefore if in Assessment Year 2004-05 appellant has claimed the deduction u/s. 80IA for the first time then for all practical purposes it has expressed its option of choosing the period

ACIT, CIRCLE - 7, KOLKATA vs. VODAFONE ESSAR EAST LTD., KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

capital investment were not able to make profits in the initial few years of operation. The instant case of appellant squarely falls within the intention of legislature and therefore if in Assessment Year 2004-05 appellant has claimed the deduction u/s. 80IA for the first time then for all practical purposes it has expressed its option of choosing the period

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

capital investment were not able to make profits in the initial few years of operation. The instant case of appellant squarely falls within the intention of legislature and therefore if in Assessment Year 2004-05 appellant has claimed the deduction u/s. 80IA for the first time then for all practical purposes it has expressed its option of choosing the period

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

capital investment were not able to make profits in the initial few years of operation. The instant case of appellant squarely falls within the intention of legislature and therefore if in Assessment Year 2004-05 appellant has claimed the deduction u/s. 80IA for the first time then for all practical purposes it has expressed its option of choosing the period

SARIKA DUGAR,KOLKATA vs. ITO, KOLKATA

In the result, appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Ble

capital gain in the reopening proceedings. I.T.A. No. 363/Kol/2023 Assessment Year: 2013-14 Sarika Dugar 3 6.1. On the other hand, the ld. D/R submitted that the order u/s 271(1)(c) of the Act is not barred by limitation as on account of Covid- 19 Pandemic, the limitation period was extended from time to time by the CBDT. Copies