UNIVERSAL CABLES LIMITED,KOLKATA vs. THE DCIT, CIRCLE-6(1), KOLKATA, KOLKATA

In the result, to sum up

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 1766/Kol/2016 Assessment Year : 2010-11 Universal Cables Ltd. -Vs- Dcit, Circle-6(1), Kolkata [Pan: Aaacu 3547 P] (Appellant) (Respondent) I.T.A No. 2142 /Kol/2016 Assessment Year : 2010-11 Dcit, Circle-6(1), Kolkata -Vs- Universal Cables Ltd. [Pan: Aaacu 3547 P] (Appellant) (Respondent) I.T.A No. 1767/Kol/2016 Assessment Year : 2011-12 Universal Cables Ltd. -Vs- Dcit, Circle-6(1), Kolkata [Pan: Aaacu 3547 P] (Appellant) (Respondent) I.T.A No. 2143/Kol/2016 Assessment Year : 2011-12 Dcit, Circle-6(1), Kolkata -Vs- Universal Cables Ltd. [Pan: Aaacu 3547 P] (Appellant) (Respondent

Delay condoned. Leave granted. Pending hearing and final disposal of the Civil appeal, Department is restrained from recovering penalty and interest which has accrued till date. It is made clear that as far as the outstanding interest demand as of date is concerned, it would be open to the department to recover that amount in case Civil Appeal

D.C.I.T., CIRCLE-6(1), KOLKATA, KOLKATA vs. M/S UNIVERSAL CABLES LIMITED, KOLKATA

In the result, to sum up

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 1766/Kol/2016 Assessment Year : 2010-11 Universal Cables Ltd. -Vs- Dcit, Circle-6(1), Kolkata [Pan: Aaacu 3547 P] (Appellant) (Respondent) I.T.A No. 2142 /Kol/2016 Assessment Year : 2010-11 Dcit, Circle-6(1), Kolkata -Vs- Universal Cables Ltd. [Pan: Aaacu 3547 P] (Appellant) (Respondent) I.T.A No. 1767/Kol/2016 Assessment Year : 2011-12 Universal Cables Ltd. -Vs- Dcit, Circle-6(1), Kolkata [Pan: Aaacu 3547 P] (Appellant) (Respondent) I.T.A No. 2143/Kol/2016 Assessment Year : 2011-12 Dcit, Circle-6(1), Kolkata -Vs- Universal Cables Ltd. [Pan: Aaacu 3547 P] (Appellant) (Respondent

Delay condoned. Leave granted. Pending hearing and final disposal of the Civil appeal, Department is restrained from recovering penalty and interest which has accrued till date. It is made clear that as far as the outstanding interest demand as of date is concerned, it would be open to the department to recover that amount in case Civil Appeal

D.C.I.T., CIRCLE-6(1), KOLKATA, KOLKATA vs. M/S UNIVERSAL CABLES LIMITED, KOLKATA

In the result, to sum up

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 1766/Kol/2016 Assessment Year : 2010-11 Universal Cables Ltd. -Vs- Dcit, Circle-6(1), Kolkata [Pan: Aaacu 3547 P] (Appellant) (Respondent) I.T.A No. 2142 /Kol/2016 Assessment Year : 2010-11 Dcit, Circle-6(1), Kolkata -Vs- Universal Cables Ltd. [Pan: Aaacu 3547 P] (Appellant) (Respondent) I.T.A No. 1767/Kol/2016 Assessment Year : 2011-12 Universal Cables Ltd. -Vs- Dcit, Circle-6(1), Kolkata [Pan: Aaacu 3547 P] (Appellant) (Respondent) I.T.A No. 2143/Kol/2016 Assessment Year : 2011-12 Dcit, Circle-6(1), Kolkata -Vs- Universal Cables Ltd. [Pan: Aaacu 3547 P] (Appellant) (Respondent

Delay condoned. Leave granted. Pending hearing and final disposal of the Civil appeal, Department is restrained from recovering penalty and interest which has accrued till date. It is made clear that as far as the outstanding interest demand as of date is concerned, it would be open to the department to recover that amount in case Civil Appeal

DCIT, CIRCLE-6(1), KOLKATA vs. M/S NATIONAL ENGINEERING INDUSTRIES LTD., KOLKATA

In the result, the appeal of the Revenue stands dismissed

Bench: Shri Sanjay Garg & Shri Rajesh Kumari.T.A. No.2109/Kol/2019 Assessment Year: 2015-16 Dcit, Circle-6(1), Kolkata………………………………………….……Appellant Vs. M/S National Engineering Industrial Ltd…..……..........……...…..…..Respondent 11Th Floor, Birla Building, 9/1, R.N. Mukherjee Road, Bbd Bagh, Kolkata-1. [Pan: Aaacn9969L] Appearances By: Shri Akkal Dudhwewala, Fca & Shri Rakesh Jhunjhunwala, Ar Appeared On Behalf Of The Appellant. Shri Amitava Bhattacharya, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 13, 2021 Date Of Pronouncing The Order : December 16, 2021 Hearing Through Video Conferencing Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Revenue Against The Order Dated 17.06.2019 Of The Commissioner Of Income Tax (Appeals)-2, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 143(3) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). The Revenue In This Appeal Has Taken The Following Grounds Of Appeal: “1. Whether On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Law In Allowing The Claim Of Balance Additional Depreciation On The Assets Which Were Put To Use In Earlier Year. 2. That The Appellant Craves For Leave To Add To Delete, Modify Any Of The Grounds Of Appeal Before Or At The Time Of Hearing..” 2. At The Outset, It Is Noticed That The Appeal Filed By The Revenue Is Time-Barred By 18 Days. A Separate Application For Condonation Of The Said Delay Has Been Filed, Wherein Reasons For The Delay In Filing This Appeal Have Been Mentioned. Considering The Above Reasons, We Condone The Delay.

condone the delay. I.T.A. No.2109/Kol/2019 Assessment Year: 2015-16 M/s National Engineering Industrial Ltd 3. The brief facts relevant to the issue are that the assessee is engaged in manufacturing of ball bearing and rubber products. The assessee acquired and installed certain plant and machinery during the financial year 2013-14 relevant to the assessment year

NABARUN S K U S LTD.,NADIA vs. I.T.O.WARD-41(1), KRISHNANAGAR

Appeal of the assessee is allowed

condonation under the\nexisting provisions of the Act. The CCSIT/DGsIT shall examine the following while\ndeciding such applications-\n(i) the delay in furnishing the return of income within the due date under sub-\nsection (1) of section 139 of the Act was caused due to circumstances beyond the\ncontrol of the assessee with appropriate documentary evidence's;\n(ii

BEEYU OVERSEAS LIMITED,KOLKATA vs. DCIT-CIR.4(1), KOLKATA

In the result, the appeal of assessee is allowed

1) dated 04.02.2020 for A.Y. 2010-11 passed against the assessment order u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) by DCIT, Circle-4, Kolkata dated 13.02.2013. 2. At the outset, we note that there is a delay of 51 days in filing the present appeal which was filed on 30.06.2020. From

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

Bench: Shri S.S.Godara & Dr. A.L.Saini

1) of the Act- provision for foreseeable loss made in accordance with guidelines of AS-7 and duly debited in audited accounts of company is an allowable expenditure. The Tribunal decided the case in favour of the assessee and held that 'yes' it is an allowable expenditure. The Tribunal while deciding this issue has also considered the decision of Mazagon

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

Bench: Shri S.S.Godara & Dr. A.L.Saini

1) of the Act- provision for foreseeable loss made in accordance with guidelines of AS-7 and duly debited in audited accounts of company is an allowable expenditure. The Tribunal decided the case in favour of the assessee and held that 'yes' it is an allowable expenditure. The Tribunal while deciding this issue has also considered the decision of Mazagon

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

Bench: Shri S.S.Godara & Dr. A.L.Saini

1) of the Act- provision for foreseeable loss made in accordance with guidelines of AS-7 and duly debited in audited accounts of company is an allowable expenditure. The Tribunal decided the case in favour of the assessee and held that 'yes' it is an allowable expenditure. The Tribunal while deciding this issue has also considered the decision of Mazagon

ZYDUS HEALTHCARE LTD,GANGTOK vs. ACIT, CIR. 3(2), GANGTOK

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawali.T.A. No. 139/Kol/2021 Assessment Year: 2014-2015 Zydus Healhcare Limited,……..................Appellant (Successor To Zydus Healthcare Sikkim), 4Th Floor, ‘D’ Wing, Zudus Corporate Park, Scheme No. 63, Survey No. 536, Khoraj (Gandhinagar), Nr. Vaishnodevi Circle, Ahmedabad, Gandhinagar, Gujrat-382481 [Pan: Aaacg1895Q] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Circle-3(2), Gangtok, Sikkim-737101 Appearances By: Shri Ajit Kumar Jain, Ca & Sonal Pandey, A.R., Appeared On Behalf Of The Assessee Shri G. Hukugha Sema, Cit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : January 18, 2023 Date Of Pronouncing The Order : February 20, 2023 O R D E R

condoned the delay. The one more factor, which was available before the Tribunal was that impugned order was open for debate and it is just a Cross Objection filed by the assessee. The rights in the hands of the appellant have not been crystallized. Therefore, the Tribunal made an elaborate discussion and held that such an order be termed

DCIT, CIR-12, KOLKATA, KOLKATA vs. M/S HINDUSTAN GUMS & CHEMICAL LTD., KOLKATA

In the result, the appeal of the assessee in ITA No

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

Delay condoned. Leave granted. Pending hearing and final disposal of the Civil appeal, Department is restrained from recovering penalty and interest which has accrued till date. It is made clear that as far as the outstanding interest demand as of date is concerned, it would be open to the department to recover that amount in case Civil Appeal

HINDUSTAN GUM & CHEMICALS LTD.,KOLKATA vs. THE DCIT, CIR-12, KOLKATA, KOLKATA

In the result, the appeal of the assessee in ITA No

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

Delay condoned. Leave granted. Pending hearing and final disposal of the Civil appeal, Department is restrained from recovering penalty and interest which has accrued till date. It is made clear that as far as the outstanding interest demand as of date is concerned, it would be open to the department to recover that amount in case Civil Appeal

JCIT (OSD), CIR- 11(1), , KOLKATA vs. M/S. GOBIND SUGAR MILLS LTD. , KOLKATA

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

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

condone the delay and proceed to admit the appeal for hearing. 3. The revenue has raised the following grounds of appeal:- I.T.A. No. 235/Kol/2023 Assessment Year: 2020-21 M/s. Gobind Sugar Mills Ltd. 2 “1. Whether on the facts and in the circumstances of the case and in law, the CIT(A) has erred in not applying the provisions under

DCIT, CIRCLE-12(1), KOLKATA, KOLKATA vs. M/S HINDUSTHAN GUM & CHEMICALS LTD., KOLKATA

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

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 1410/Kol/2016 Assessment Year : 2010-11 Hindustan Gum & Chemicals Ltd. -Vs- Dcit, Circle-12(1), Kolkata [Pan: Aaach 7214 E] (Appellant) (Respondent) I.T.A No. 1601 /Kol/2016 Assessment Year : 2010-11 Dcit, Circle-12(1), Kolkata -Vs- Hindustan Gum & Chemicals Ltd. [Pan: Aaach 7214 E] (Appellant) (Respondent) For The Appellant : Shri J.P. Khaitan, Sr. Advocate Shri Vinod Sharma, Ca For The Respondent : Shri Sallong Yaden, Addl. Cit

Delay condoned. Leave granted. Pending hearing and final disposal of the Civil appeal, Department is restrained from recovering penalty and interest which has accrued till date. It is made clear that as far as the outstanding interest demand as of date is concerned, it would be open to the department to recover that amount in case Civil Appeal

HINDUSTAN GUM & CHEMICALS LTD.,KOLKATA vs. THE DCIT, CIR-12(1), KOLKATA, KOLKATA

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

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 1410/Kol/2016 Assessment Year : 2010-11 Hindustan Gum & Chemicals Ltd. -Vs- Dcit, Circle-12(1), Kolkata [Pan: Aaach 7214 E] (Appellant) (Respondent) I.T.A No. 1601 /Kol/2016 Assessment Year : 2010-11 Dcit, Circle-12(1), Kolkata -Vs- Hindustan Gum & Chemicals Ltd. [Pan: Aaach 7214 E] (Appellant) (Respondent) For The Appellant : Shri J.P. Khaitan, Sr. Advocate Shri Vinod Sharma, Ca For The Respondent : Shri Sallong Yaden, Addl. Cit

Delay condoned. Leave granted. Pending hearing and final disposal of the Civil appeal, Department is restrained from recovering penalty and interest which has accrued till date. It is made clear that as far as the outstanding interest demand as of date is concerned, it would be open to the department to recover that amount in case Civil Appeal

BIRLA CORPORATION LTD.,KOLKATA vs. DCIT, CIR.-6(1), KOLKATA

In the result, appeals filed by the Revenue for AYs 2011-12 &

Bench: Sri Rajpal Yadav & Dr. Manish Borad

condone the delay and admit the assessee’s appeal for adjudication. 3. The assessee has raised the following grounds of appeal: Assessment Year 2011-12: “1. For that education cess included in the liability for income tax is an allowable deduction under section 37(1) of the Income Tax Act, 1961 (in short

BIRLA CORPORATION LIMITED,KOLKATA vs. DCIT, CIR-6(1), KOLKATA

In the result, appeals filed by the Revenue for AYs 2011-12 &

Bench: Sri Rajpal Yadav & Dr. Manish Borad

condone the delay and admit the assessee’s appeal for adjudication. 3. The assessee has raised the following grounds of appeal: Assessment Year 2011-12: “1. For that education cess included in the liability for income tax is an allowable deduction under section 37(1) of the Income Tax Act, 1961 (in short

DCIT, CIRCLE - 6(1), , KOLKATA vs. M/S. BIRLA CORPORATION LTD., KOLKATA

In the result, appeals filed by the Revenue for AYs 2011-12 &

Bench: Sri Rajpal Yadav & Dr. Manish Borad

condone the delay and admit the assessee’s appeal for adjudication. 3. The assessee has raised the following grounds of appeal: Assessment Year 2011-12: “1. For that education cess included in the liability for income tax is an allowable deduction under section 37(1) of the Income Tax Act, 1961 (in short

DCIT, CIRCLE - 6(1), , KOLKATA vs. M/S. BIRLA CORPORATION LTD., KOLKATA

In the result, appeals filed by the Revenue for AYs 2011-12 &

Bench: Sri Rajpal Yadav & Dr. Manish Borad

condone the delay and admit the assessee’s appeal for adjudication. 3. The assessee has raised the following grounds of appeal: Assessment Year 2011-12: “1. For that education cess included in the liability for income tax is an allowable deduction under section 37(1) of the Income Tax Act, 1961 (in short