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

In the result, both the appeals of the assessee are partly allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

additional depreciation as claimed in its return of income by following the decision rendered by this Tribunal. 7. The issue

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

In the result, both the appeals of the assessee are partly allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

additional depreciation as claimed in its return of income by following the decision rendered by this Tribunal. 7. The issue

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

additional depreciation in determining the taxable income u/s 115BAA of the I.T Act, 1961. 3. That the CIT(A) has erred

XL ENTERPRISES LTD.,KOLKATA vs. ITO, WARD - 12(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

depreciation as per Income Tax Act and therefore the appeal of the assessee may kindly be allowed by reversing the order of Ld. CIT(A). 6. The Ld. D.R. on the other hand relied on the order of authorities below. The ld DR contended that the accumulated profits were not defined in the Act and therefore the meaning

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

In the result, appeals filed by the Revenue for AYs 2013-14 &

Bench: Sri Rajpal Yadav & Dr. Manish Borad

depreciation by applying the Explanation 10 to Sec. 43(1) of I.T.Act. Revenue Ground No. 2 That Ld.CIT(A)-VI Kolkata has erred in law as well as on facts by deleting the addition made by the AO on account of Sales Tax Subsidy received by the assessee as revenue income

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

In the result, appeals filed by the Revenue for AYs 2013-14 &

Bench: Sri Rajpal Yadav & Dr. Manish Borad

depreciation by applying the Explanation 10 to Sec. 43(1) of I.T.Act. Revenue Ground No. 2 That Ld.CIT(A)-VI Kolkata has erred in law as well as on facts by deleting the addition made by the AO on account of Sales Tax Subsidy received by the assessee as revenue income

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

In the result, appeals filed by the Revenue for AYs 2013-14 &

Bench: Sri Rajpal Yadav & Dr. Manish Borad

depreciation by applying the Explanation 10 to Sec. 43(1) of I.T.Act. Revenue Ground No. 2 That Ld.CIT(A)-VI Kolkata has erred in law as well as on facts by deleting the addition made by the AO on account of Sales Tax Subsidy received by the assessee as revenue income

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

In the result, appeals filed by the Revenue for AYs 2013-14 &

Bench: Sri Rajpal Yadav & Dr. Manish Borad

depreciation by applying the Explanation 10 to Sec. 43(1) of I.T.Act. Revenue Ground No. 2 That Ld.CIT(A)-VI Kolkata has erred in law as well as on facts by deleting the addition made by the AO on account of Sales Tax Subsidy received by the assessee as revenue income

D.C.I.T.,CIRCLE-1(1), KOLKATA vs. M/S. EXIDE INDUSTRIES LTD., , KOLKATA

In the result, both the appeal filed by the revenue and the cross-objection filed by the assessee is dismissed

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Ble

additional depreciation for assets, which were put to use for less than 180 days, which was restricted to 50%, would be allowed to be claimed in the immediately succeeding year. The same has been clarified in the Memorandum to the introduction of third proviso to section 32(1)(i) of the Finance Bill 2015. We are thus of the considered

D.C.I.T.,CIRCLE-6(1), KOLKATA vs. M/S BIRLA CORPORATION LTD., KOLKATA

In the result, the appeal of the revenue as well as cross-objection of the assessee are partly allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.1964/Kol/2019 Assessment Year: 2015-16 Dcit, Circle-6(1), Kolkata…………….......................…...……………....Appellant Vs. M/S Birla Corporation Ltd…………...........…..........................…..…..... Respondent Birla Building, 9/1, R.N. Mukherjee Road, Kolkata – 700001. [Pan: Aabcb2075J] C.O. 39/Kol/2019 (A/O I.T.A. No.1964/Kol/2019) Assessment Year: 2015-16 M/S Birla Corporation Ltd…………...........….....................…..…..... Cross-Objector Birla Building, 9/1, R.N. Mukherjee Road, Kolkata – 700001. [Pan: Aabcb2075J] Vs Dcit, Circle-6(1), Kolkata…………….......................…...……………....Respondent Appearances By: Shri Abhijit Kundu, Cit-Dr, Advocate, Appeared On Behalf Of The Department. Shri J. P. Khaitan, Sr. Counsel, Appeared On Behalf Of The Assessee. Date Of Concluding The Hearing : October 18, 2023 Date Of Pronouncing The Order : January 16, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal By The Revenue & The Corresponding Cross Objections By The Assessee Have Been Preferred Against The Order Dated 30.05.2019 Of The Commissioner Of Income Tax (Appeals)-22, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). First, We Take Up Revenue’S Appeal Ita No.1964/Kol/2019. I.T.A. No.1964/Kol/2019 & C.O. 39/Kol/2019 M/S Birla Corporation Ltd

depreciation by applying the Explanation 10 to Sec. 43(1) of I.T.Act. Revenue Ground No. 2 That Ld.CIT(A)-VI Kolkata has erred in law as well as on facts by deleting the addition made by the AO on account of Sales Tax Subsidy received by the assessee as revenue income

SUBRATA PURKAIT,KOLKATA vs. I.T.O., WARD - 26(3), KOLKATA, KOLKATA

In the result, all the appeals filed by the assessee in ITA Nos

Bench: Sri Sanjay Garg & Dr. Manish Borad

Addition of Rs. 5,50,130/- as Income from Hotel B) The assessee earned not profit of Rs. 2,90,059/- from Hotel Business of Puri. He paid various maintenance expenses & charged depreciation

SUBRATA PURKAIT,KOLKATA vs. I.T.O., WARD - 26(3), KOLKATA, KOLKATA

In the result, all the appeals filed by the assessee in ITA Nos

Bench: Sri Sanjay Garg & Dr. Manish Borad

Addition of Rs. 5,50,130/- as Income from Hotel B) The assessee earned not profit of Rs. 2,90,059/- from Hotel Business of Puri. He paid various maintenance expenses & charged depreciation

SUBRATA PURKAIT,KOLKATA vs. I.T.O., WARD - 26(3), KOLKATA, KOLKATA

In the result, all the appeals filed by the assessee in ITA Nos

Bench: Sri Sanjay Garg & Dr. Manish Borad

Addition of Rs. 5,50,130/- as Income from Hotel B) The assessee earned not profit of Rs. 2,90,059/- from Hotel Business of Puri. He paid various maintenance expenses & charged depreciation

SRINATH METAL (P) LTD(MERGED WITH M/S.DEVASHREE ISPAT PVT.LTD.),KOLKATA vs. DCIT, KOLKATA

In the result, the appeal of the assessee stands allowed

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.282/Kol/2023 Assessment Year: 2010-11 Srinath Metal Pvt. Ltd (Merged With M/S Devashree Ispat Pvt. Ltd.)....Appellant 11B, Goenka Niketan, Jatindra Mohan Avenue, Beadon Street, Kolkata-700006. [Pan: Aaccd0753E] Vs. Dcit, Circle-1(1), Kolkata..............................…....…........……...…..…..Respondent Appearances By: Shri Anil Kochar, Advocate, Appeared On Behalf Of The Appellant. Shri Rakesh Kumar Das, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 28, 2023 Date Of Pronouncing The Order : December 11, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 25.1.2023 Of The National Faceless Appeal Centre (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Sole Issue Involved In This Appeal Is Relating To The Action Of The Assessing Officer In Restricting The Grant Of Additional Depreciation @ 10% As Against The Claimed Depreciation @ 20%.

income by the assessee. The assessee company claimed and was allowed deprecition of Rs.6,14,51,167 which included additional depreication of Rs.2,54,56,826/-. The additional depreciation

KEVENTER AGRO LTD,KOLKATA vs. DCIT, CIR. 4(1), KOLKATA

In the result, both the appeals of the assessee are treated as partly allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

depreciation of Rs.32,70,538/- and addition of the same to the total income on the presumption of excess depreciation

KEVENTER AGRO LTD.,KOLKATA vs. DCIT, CIR. 4(1), KOLKATA

In the result, both the appeals of the assessee are treated as partly allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

depreciation of Rs.32,70,538/- and addition of the same to the total income on the presumption of excess depreciation

WINDOW TECHNOLOGIES PVT. LTD.,KOLKATA vs. PCIT (CENTRAL) - 2, KOLKATA, KOLKATA

In the result, the appeal filed by the assessee is allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2019-20

income was derived was disclosed as 'Non-current Investments' in the audited financials and no depreciation was claimed thereon, and in that view of the matter the Ld. Pr. CIT's direction to the AO to re-verify and disallow the depreciation claimed on the block of building u/s 32 of the Act was unjustified. (d) For that

JALUIDANGA PASCHIM NASARATPUR SAMABY KRISHI UNNAYAN SAMITY LIMITED,BARDHAMAN, WEST BENGAL vs. INCOME TAX OPPFICER, WARD-1(3), BURDWAN

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

Depreciation allowable 71,141.00 23,26,196.00 Add:Disallowable Expenditure under section 36 of the Income Tax Act 1961 P.F 30,546.00 Provision for Bad & Doubtful debts 38,077.00 Provision for Leave Salary 5,00,000.00 Donation 20,000.00 Gift 18,600,.00 6,07,223.00 Add: Disallowable Expenditure under Section 37 Software purchase being capital 25,000.00 expenditure debited