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21 results for “charitable trust”+ Section 14Aclear

Sorted by relevance

Mumbai102Karnataka99Delhi26Kolkata21Ahmedabad21Chennai18Bangalore16Visakhapatnam12Indore8Pune7Jaipur7Chandigarh4Varanasi4Hyderabad2Surat1Jodhpur1Cuttack1

Key Topics

Section 14A36Section 80G22Disallowance13Addition to Income12Section 92C11Section 143(3)11Section 143(2)10Section 80I10Deduction10Transfer Pricing

ALLAHABAD BANK,KOLKATA vs. ADD.CIT,RANGE-6, KOLKATA, KOLKATA

In the result the appeal of the revenue is dismissed

ITA 1199/KOL/2012[2008-2009]Status: DisposedITAT Kolkata01 Jun 2016AY 2008-2009

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ] Assessment Year : 2008-09

For Appellant: Shri Barun Kumar Ghosh & Shri Piyush Dey, FCAFor Respondent: Shri Rajat Subhra Biswas, CIT(DR)
Section 28Section 36Section 36(1)Section 36(1)(viia)

14A in computation of the ‘Book Profit’ under section 115JB.” 32. Sec.115JB(1) of the Act provides that notwithstanding anything contained in any other provision of the Act, where in the case of an assessee, being a company, the income-tax, payable on the total income as computed under the Act in respect of any previous year relevant

Showing 1–20 of 21 · Page 1 of 2

9
Section 358
Section 143(1)8

M/S. M. K. SHAH EXPORTS LTD,,KOLKATA vs. ACIT, CIRCLE-4(1), KOLKATA, KOLKATA

In the result, the appealof the Revenue (ITA No

ITA 1903/KOL/2017[2013-14]Status: DisposedITAT Kolkata16 Nov 2018AY 2013-14

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1903/Kol/2017 ("नधा"रणवष" / Assessment Year: 2013-14) M/S. M. K. Shah Exports Ltd. Vs. A.C.I.T, Circle-4(1), Kolkata P-7, Chowringhee Square, 8Th Floor, 2/2. Justice Dwarkanath Road, Kolkata – 700 020. Kolkata – 700 069. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aaccm 0884 H (Assessee) .. (Respondent) आयकरअपीलसं./Ita No.1974/Kol/2017 ("नधा"रणवष" / Assessment Year: 2013-14) M/S. M. K. Shah Exports Ltd. A.C.I.T, Circle-4(1), Kolkata Vs. P-7, Chowringhee Square, 8Th Floor, 2/2. Justice Dwarkanath Road, Kolkata – 700 069. Kolkata – 700 020. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aaccm 0884 H (Assessee) .. (Respondent) Assessee By :Shri S. Jhajharia, Ar Revenue By :Shrisaurabh Kumar, Addl. Cit (Sr. Dr) सुनवाईक"तार"ख/ Date Of Hearing : 23/08/2018 घोषणाक"तार"ख/Date Of Pronouncement : 16/10/2018

For Appellant: Shri S. Jhajharia, ARFor Respondent: ShriSaurabh Kumar, Addl. CIT (Sr. DR)
Section 143(3)Section 37Section 80GSection 92C

Charitable Trust ( institution) has become taxable for any technical reason and also the Ld. AO did not mention that the certificate issued under section 80G(5)(v) has been cancelled by the Income Tax Department. Under these circumstances the deduction under section 80G of the Act cannot be denied to the assessee company.We also note that subsequent to the donation

ACIT, CIRCLE - 4(1), KOLKATA, KOLKATA vs. M/S. M.K. SHAH EXPORTS LTD.,, KOLKATA

In the result, the appealof the Revenue (ITA No

ITA 1974/KOL/2017[2013-14]Status: DisposedITAT Kolkata16 Nov 2018AY 2013-14

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1903/Kol/2017 ("नधा"रणवष" / Assessment Year: 2013-14) M/S. M. K. Shah Exports Ltd. Vs. A.C.I.T, Circle-4(1), Kolkata P-7, Chowringhee Square, 8Th Floor, 2/2. Justice Dwarkanath Road, Kolkata – 700 020. Kolkata – 700 069. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aaccm 0884 H (Assessee) .. (Respondent) आयकरअपीलसं./Ita No.1974/Kol/2017 ("नधा"रणवष" / Assessment Year: 2013-14) M/S. M. K. Shah Exports Ltd. A.C.I.T, Circle-4(1), Kolkata Vs. P-7, Chowringhee Square, 8Th Floor, 2/2. Justice Dwarkanath Road, Kolkata – 700 069. Kolkata – 700 020. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aaccm 0884 H (Assessee) .. (Respondent) Assessee By :Shri S. Jhajharia, Ar Revenue By :Shrisaurabh Kumar, Addl. Cit (Sr. Dr) सुनवाईक"तार"ख/ Date Of Hearing : 23/08/2018 घोषणाक"तार"ख/Date Of Pronouncement : 16/10/2018

For Appellant: Shri S. Jhajharia, ARFor Respondent: ShriSaurabh Kumar, Addl. CIT (Sr. DR)
Section 143(3)Section 37Section 80GSection 92C

Charitable Trust ( institution) has become taxable for any technical reason and also the Ld. AO did not mention that the certificate issued under section 80G(5)(v) has been cancelled by the Income Tax Department. Under these circumstances the deduction under section 80G of the Act cannot be denied to the assessee company.We also note that subsequent to the donation

PRAMOD LAKRA,DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 11(1), KOLKATA, KOLKATA vs. PHILLIPS CARBON BLACK LTD., KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

ITA 2457/KOL/2024[2018-19]Status: DisposedITAT Kolkata10 Jun 2025AY 2018-19

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

Section 115JSection 143(1)Section 143(2)Section 14ASection 35Section 35(2)(ab)Section 37Section 80GSection 80ISection 92C

charitable trusts, which were disallowed in terms of Explanation 2 to section 37(1), but alternatively claimed u/s 80G of the Act. The AO disallowed the same stating that the CSR donations were not voluntary in nature and hence would not qualify for deduction u/s 80G of the Act. On appeal, the Hon'ble ITAT Kolkata has allowed the same

PCBL LIMITED,KOLKATA vs. A.C.I.T., CIRCLE - 11(1),, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

ITA 2034/KOL/2024[2020-2021]Status: DisposedITAT Kolkata10 Jun 2025AY 2020-2021

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

Section 115JSection 143(1)Section 143(2)Section 14ASection 35Section 35(2)(ab)Section 37Section 80GSection 80ISection 92C

charitable trusts, which were disallowed in terms of Explanation 2 to section 37(1), but alternatively claimed u/s 80G of the Act. The AO disallowed the same stating that the CSR donations were not voluntary in nature and hence would not qualify for deduction u/s 80G of the Act. On appeal, the Hon'ble ITAT Kolkata has allowed the same

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. PHILLIPS CARBON BLACK LTD, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

ITA 2458/KOL/2024[2020-21]Status: DisposedITAT Kolkata10 Jun 2025AY 2020-21

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

Section 115JSection 143(1)Section 143(2)Section 14ASection 35Section 35(2)(ab)Section 37Section 80GSection 80ISection 92C

charitable trusts, which were disallowed in terms of Explanation 2 to section 37(1), but alternatively claimed u/s 80G of the Act. The AO disallowed the same stating that the CSR donations were not voluntary in nature and hence would not qualify for deduction u/s 80G of the Act. On appeal, the Hon'ble ITAT Kolkata has allowed the same

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 11(1), KOLKATA, KOLKATA vs. PHILLIPS CARBON BLACK LTD, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

ITA 2456/KOL/2024[2017-18]Status: DisposedITAT Kolkata10 Jun 2025AY 2017-18

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

Section 115JSection 143(1)Section 143(2)Section 14ASection 35Section 35(2)(ab)Section 37Section 80GSection 80ISection 92C

charitable trusts, which were disallowed in terms of Explanation 2 to section 37(1), but alternatively claimed u/s 80G of the Act. The AO disallowed the same stating that the CSR donations were not voluntary in nature and hence would not qualify for deduction u/s 80G of the Act. On appeal, the Hon'ble ITAT Kolkata has allowed the same

PRAMOD LAKRA,DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -11(1), KOLKATA, KOLKATA vs. PHILIPS CARBON BLACK LTD , KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

ITA 2459/KOL/2024[2021-22]Status: DisposedITAT Kolkata10 Jun 2025AY 2021-22

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

Section 115JSection 143(1)Section 143(2)Section 14ASection 35Section 35(2)(ab)Section 37Section 80GSection 80ISection 92C

charitable trusts, which were disallowed in terms of Explanation 2 to section 37(1), but alternatively claimed u/s 80G of the Act. The AO disallowed the same stating that the CSR donations were not voluntary in nature and hence would not qualify for deduction u/s 80G of the Act. On appeal, the Hon'ble ITAT Kolkata has allowed the same

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. BALRAMPUR CHINI MILLS LTD , KOLKATA

In the result all the four appeals of the revenue are dismissed

ITA 1082/KOL/2025[2021-22]Status: DisposedITAT Kolkata26 Aug 2025AY 2021-22

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm

For Appellant: Shri S.K. Tulsiyan, &For Respondent: Shri Praveen Kishore, DR
Section 80Section 92C

14A of the Act. We note that the appellate order passed by the learned CIT (A) by following the decision of the Hon'ble Delhi High Court in the case of PCIT v. Era Infrastructure (Supra) and is a very reasoned and speaking order and does not require any interference at our end. Accordingly, we dismiss the ground

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. BALRAMPUR CHINI MILLS LTD , KOLKATA

In the result all the four appeals of the revenue are dismissed

ITA 1081/KOL/2025[2020-21]Status: DisposedITAT Kolkata26 Aug 2025AY 2020-21

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm

For Appellant: Shri S.K. Tulsiyan, &For Respondent: Shri Praveen Kishore, DR
Section 80Section 92C

14A of the Act. We note that the appellate order passed by the learned CIT (A) by following the decision of the Hon'ble Delhi High Court in the case of PCIT v. Era Infrastructure (Supra) and is a very reasoned and speaking order and does not require any interference at our end. Accordingly, we dismiss the ground

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. BALRAMPUR CHINI MILLS LTD , KOLKATA

In the result all the four appeals of the revenue are dismissed

ITA 1079/KOL/2025[2017-18]Status: DisposedITAT Kolkata26 Aug 2025AY 2017-18

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm

For Appellant: Shri S.K. Tulsiyan, &For Respondent: Shri Praveen Kishore, DR
Section 80Section 92C

14A of the Act. We note that the appellate order passed by the learned CIT (A) by following the decision of the Hon'ble Delhi High Court in the case of PCIT v. Era Infrastructure (Supra) and is a very reasoned and speaking order and does not require any interference at our end. Accordingly, we dismiss the ground

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. BALRAMPUR CHINI MILLS LTD , KOLKATA

In the result all the four appeals of the revenue are dismissed

ITA 1080/KOL/2025[2018-19]Status: DisposedITAT Kolkata26 Aug 2025AY 2018-19

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm

For Appellant: Shri S.K. Tulsiyan, &For Respondent: Shri Praveen Kishore, DR
Section 80Section 92C

14A of the Act. We note that the appellate order passed by the learned CIT (A) by following the decision of the Hon'ble Delhi High Court in the case of PCIT v. Era Infrastructure (Supra) and is a very reasoned and speaking order and does not require any interference at our end. Accordingly, we dismiss the ground

MISRILALL MINES PVT LTD,KOLKATA vs. D.C.I.T CC - XI,KOLKATA, KOLKATA

In the result, assessee’s appeal is partly allowed

ITA 643/KOL/2013[2010-11]Status: DisposedITAT Kolkata08 Feb 2017AY 2010-11

Bench: Shri A.T.Varkey & Shri Waseem Ahmed

Section 115OSection 143(1)Section 143(2)Section 143(3)Section 14ASection 73

section 14A of the Act extends to all the administrative expenses claimed by the assessee in profit and loss account. The learned AR drew our attention on page 54 of the paper book where the details of administrative & other expenses were placed. On perusal of the same we find that the assessee has claimed total expenditure of Rs.4

BRITANNIA INDUSTRIES LTD,KOLKATA vs. DCIT, CIR-7(1), KOLKATA

In the result, the appeal of the assessee is allowed

ITA 461/KOL/2023[2018-19]Status: DisposedITAT Kolkata14 Dec 2023AY 2018-19

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 461/Kol/2023 Assessment Year: 2018-19 Britannia Industries Ltd. Dy. Cit, Circle-7(1), Kolkata 5/1A, Hungerford Street Vs Shakespeare Sarani Kolkata - 700017 [Pan: Aabcb2066P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Kush Kanodia, A/R Revenue By : Shri Subhendu Datta, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 19/10/2023 घोषणा क" तारीख /Date Of Pronouncement: 14/12/2023 आदेश/O R D E R Per Dr. Manish Borad: The Above Captioned Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 24/03/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2018-19. 2. The Assessee Has Raised The Following Grounds Of Appeal :- “1. For That On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Failed To Appreciate That The Appellant Had Suo Moto Computed & Disallowed Sum Of Rs.14,10,610/- Which Inter Alia Included Sum Of Rs.14,19,009/- Computed In Terms Of Rule 8D(2)(Ii) Being 1% Of The Value Of Tax Free Investments & Therefore The Ao Had Factually Erred In Holding That The Aforesaid Voluntary Disallowance Represented Disallowance Offered By Way Of Direct Expenditure U/S 14A Read With Rule 8D(2)(I) & Thereby Wrongly Computed Further Disallowance Of Rs.13,32,000/- In Terms Of Rule 8D(2)(Ii).

For Appellant: Shri Kush Kanodia, A/RFor Respondent: Shri Subhendu Datta, CIT, D/R
Section 115Section 14ASection 250Section 35Section 45Section 80G

14A is warranted on these given facts, is accepted. Accordingly, the excess disallowance of Rs.8,93,606/- 6 I.T.A. No. 461/Kol/2023 Assessment Year: 2018-19 Britannia Industries Ltd. retained by Ld. CIT(A) is directed to be deleted. Ground Nos. 1 & 2 of the appeal are therefore allowed. 7. Now we take up Ground Nos. 3 to 5 which relate

DCIT, CC-1(3), KOLKATA, KOLKATA vs. M/S. A.R. STANCHEM (P) LTD., KOLKATA

In the result, appeal of the Revenue is partly allowed

ITA 672/KOL/2022[2013-2014]Status: DisposedITAT Kolkata13 Jul 2023AY 2013-2014

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2013-14

For Appellant: Shri S. K.Tulsiyan, AdvocateFor Respondent: Shri P. P. Barman, Addl. CIT, Sr. DR
Section 133ASection 143(1)Section 143(2)Section 143(3)Section 14ASection 35(1)(ii)Section 80G

section 12AA(3). This order was upheld by the ITAT. However, on further appeal, Hon’ble High Court has reversed this order but Hon’ble Supreme Court restored this order, in other words upheld the cancellation of the registration to Batanagar Education & Research Trust. In this judgment, Hon’ble Supreme Court has made reference to the outcome of the survey

AVIS TIE UP PVT LTD,KOLKATA vs. D.C.I.T CIR - 11,KOLKATA, KOLKATA

In the result, assessee’s appeal is allowed

ITA 2029/KOL/2013[2009-10]Status: DisposedITAT Kolkata15 Jul 2016AY 2009-10

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

Section 143(2)Section 143(3)Section 14A

charitable to donation has already been suo motu disallowed in the computation of income, the interest claimed on expenditure has no nexus with this exempted income and therefore it is allowable expense u/s 36(1)(iii) of the Act. Finally, assessee submitted that balance expenses of ₹3,63,114/- can be at the most subject to the provision

AVIS TIE UP PVT LTD,KOLKATA vs. D.C.I.T CIR - 11,KOLKATA, KOLKATA

In the result, assessee’s appeal is allowed

ITA 2028/KOL/2013[2008-09]Status: DisposedITAT Kolkata15 Jul 2016AY 2008-09

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

Section 143(2)Section 143(3)Section 14A

charitable to donation has already been suo motu disallowed in the computation of income, the interest claimed on expenditure has no nexus with this exempted income and therefore it is allowable expense u/s 36(1)(iii) of the Act. Finally, assessee submitted that balance expenses of ₹3,63,114/- can be at the most subject to the provision

DCIT, CIR-12, KOLKATA, KOLKATA vs. M/S THE DIAMOND COMPANY LTD., KOLKATA

In the result, Revenue’s appeal stands dismissed

ITA 326/KOL/2014[2009-10]Status: DisposedITAT Kolkata24 Aug 2016AY 2009-10

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Years:2009-10

Section 111ASection 143(2)Section 143(3)Section 14ASection 2(14)

Charitable Trust [1994] 206 ITR 152/73 Taxman 380(Cal). Redemption of ITA No.326/Kol/2014 A.Y. 2009-10 DCIT Cir-12 Kol. vs. M/s The Diamond Co. Ltd. Page 4 preference shares by a company; squarely comes within the phrase ‘sale, exchange, or relinquishment of the asset’ and, consequently, it is treated as transfer – Anarkali Sarabhai v. CIT [1977] 90 Taxman

ROTARY PRESIDENCY FOUNDATION,KOLKATA vs. ITO, WARD-1(1) EXEMPT., KOLKATA

In the result, the appeal of the assessee is allowed as indicated above

ITA 450/KOL/2021[2016-17]Status: DisposedITAT Kolkata18 Feb 2022AY 2016-17

Bench: Shri A. T. Varkey, Jm]

Section 11oSection 12ASection 143(1)Section 154

14A was correct, verifiable from the records itself at the time when processing u/ s 143(1) was completed and as such the mistake was apparent from records. 3. That the Ld CIT(A) was otherwise also not correct in holding the view that the mistake requested to be rectified was not apparent from the records. 4. For that

DCIT, CIRCLE - 6, KOLKATA, KOLKATA vs. M/S. K. B. CAPITAL LTD., KOLKATA

In the result, the appeal of revenue as well as that of the assessee, both are partly allowed

ITA 582/KOL/2011[2007-08]Status: DisposedITAT Kolkata05 Nov 2015AY 2007-08

Bench: Shri Mahavir Singh, Jm & Shri Waseem Ahmed, Am]

For Appellant: Shri Akkal Dudhwewala, ACAFor Respondent: Shri P. K. Chakraborty, JCIT, Sr. DR
Section 143(3)Section 14ASection 35(1)(ii)Section 80G

section 14A of the Act read with Rule 8D of the I. T. Rules, 1962, (hereinafter referred to as the “Rules”). For this, revenue has raised following ground no.1: “1. That on the facts and circumstances of the case, ld. CIT(A)-VI, Kolkata has erred in law in holding that Rule 8D will not be applicable for the assessment