D.C.I.T CIR - 6,KOLKATA., KOLKATA vs. M/S UCO BANK, KOLKATA

In the result, assessee’s appeal is partly allowed and that of Revenue’s appeal stands dismissed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

established under the Companies Act, 1956. 12. At the outset, we find that issue is squarely covered in favour of assessee in its own case for AY 2002-03 in ITA No.1768/Kol/2009 dated 27.1.2015, wherein the Tribunal has decided held that : “7.5. In view of the above, we hold that in view of the legislative change brought about

UCO BANK,KOLKATA vs. D.C.I.T CIR - 6,KOLKATA., KOLKATA

In the result, assessee’s appeal is partly allowed and that of Revenue’s appeal stands dismissed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

established under the Companies Act, 1956. 12. At the outset, we find that issue is squarely covered in favour of assessee in its own case for AY 2002-03 in ITA No.1768/Kol/2009 dated 27.1.2015, wherein the Tribunal has decided held that : “7.5. In view of the above, we hold that in view of the legislative change brought about

EIH LIMITED,KOLKATA vs. DCIT, CIRCLE - 8, KOLKATA, KOLKATA

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

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

permanent establishment in India. In respect of provision of expenses to the tune of Rs. 7,97,345/- , we feel that the same requires verification by the Learned AO that the liability had crystallized during the year under appeal and for verification of actual payments thereon. Accordingly, the Ground Nos. 3 & 4 raised by the assessee are allowed for statistical

DCIT, CIRCLE - 8, KOLKATA, KOLKATA vs. M/S. EIH LIMITED, KOLKATA

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

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

permanent establishment in India. In respect of provision of expenses to the tune of Rs. 7,97,345/- , we feel that the same requires verification by the Learned AO that the liability had crystallized during the year under appeal and for verification of actual payments thereon. Accordingly, the Ground Nos. 3 & 4 raised by the assessee are allowed for statistical

ABN AMRO BANK N.V.,KOLKATA vs. DDIT, INTERNATIONAL TAXATION - 1(1), KOLKATA, KOLKATA

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

Bench: : Shri Mahavir Singh & Shri M. Balaganesh

permanent establishment. In the calculation of such profit by a banking enterprise interest paid can be taken as a deduction by virtue of article 7(3) read with article 11 (7). The assessee was a Netherlands company· and its principal branch office was in India. In the course of its banking activities, the branch office in India remitted substantial funds

OUTOTEC (FINLAND) OY (NOW MERGED WITH "METSO MINERALS OY" AND THE MERGED ENTITY HAS BEEN RENAMED TO METSO OUTOTEC FINLAND OY),HARYANA vs. ACIT(INTERNATIONAL TAXATION), CIRCLE-2(1), KOLKATA, KOLKATA

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

Bench: Shri Rajpal Yadav & Shri Girish Agrawal

Permanent Establishment of the assessee in India which is not so under the present set of facts. Further, it is submitted that work relating to designs and drawings was undertaken outside India, sale has also taken place outside India and consideration was also received outside India in foreign currency. 11.1. We have gone through the decision of the Coordinate Bench

OUTOTEC(FINLAND) OY (NOW MERGED WITH "METSO MINERALS OY" AND THE MERGED ENTITY HAS BEEN RENAMED TO METSO OUTOTEC FINLAND OY),GURUGRAM vs. DCIT(INTERNATIONAL TAXATION), CIRCLE-2(1), KOLKATA, KOLKATA

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

Bench: Shri Rajpal Yadav & Shri Girish Agrawal

Permanent Establishment of the assessee in India which is not so under the present set of facts. Further, it is submitted that work relating to designs and drawings was undertaken outside India, sale has also taken place outside India and consideration was also received outside India in foreign currency. 11.1. We have gone through the decision of the Coordinate Bench

ACIT, INTERNATIONAL TAXATION CIR.-1(2), KOLKATA , KOLKATA vs. MAHABIR PRASAD GUPTA , KOLKATA

In the result, the appeal filed by the Revenue and the Cross

Bench: Dr. Manish Borad & Sonjoy Sarma

established. 4. Without prejudice to the merit of the case; considering the entire cash deposit of Rs.1,73,77,481/- as unexplained money under section 69A of Income Tax Act 1961; while estimating profit at the rate of 8% on turnover the Ld. CIT (A) erred in law and facts by treating only amount of cash deposit in bank accounts

DCIT, CIR-12(2),KOLKATA, KOLKATA vs. M/S. SELVEL MEDIA SERVICES PVT. LTD., KOLKATA

In the result, the appeal filed by the Revenue ( Ground No

Bench: Shri N. V. Vasudevan, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.2205/Kol/2014 (िनधा"रण वष" / Assessment Year: 2011-12 D.C.I.T, Cirle-12(2), Vs. M/S Selvel Media Services Pvt. Ltd. Kolkata 10/1B, Diamond Harbour Road, Kolkata – 700 027. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadcs 7951 G (Revenue/Department) .. (Assessee) Assessee By :Shri Subash Agarwal, Advocate Revenue/Department By :Shri G. Mallikarjuna, Cit Dr सुनवाई की तारीख / Date Of Hearing : 13/07/2017 घोषणा की तारीख/Date Of Pronouncement : 30/08/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2011-12, Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)–Xii, Kolkata, In Appeal No.237/Xii/Cir-12/14-15 Dated 17.09.2014, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S.143(3) Of The Income Tax Act 1961, (Hereinafter Referred To As The ‘Act’), Dated 20.03.2014. 2. Revenue Has Taken The Following Grounds Of Appeal: 1. “That In The Facts & Circumstances Of The Case & In The Law The Ld. Cit(A) Erred In Deleting The Disallowance Of Rs. 1,42,76,824/- Made By The A.O. On Depreciation On Hoarding Structures.” 2. “That In The Facts & Circumstances Of The Case & In The Law The Ld. Cit(A) Erred In Deleting The Disallowance Of Rs. 1,66,53,847/- Made By The A.O. On Account Of Deduction U/S. 80-Ia.”

permanent in structure and not temporary. Assessee has considered hoarding a purely temporary erection. In such a scenario it needs to be established that the structure is purely temporary in nature. The word temporary has not been defined. But to establish that it is purely temporary it is important to ascertain the lifetime of the hoardings. Assessee was show caused

DCIT, CIRCLE -8, KOLKATA, KOLKATA vs. M/S. OBEROI HOTELS PVT. LTD., KOLKATA

In the result, assessee’s appeals in ITA Nos

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

establishes that the object ancillary to the main object includes money lending, thus, for both the companies the business includes lending of money/advance. These documents were not examined by the AO, hence, we are of the view that let it be examined by the AO and decide the issue afresh. Accordingly, this issue of both the appeals of assessee

OBEROI HOTELS PRIVATE LIMITED,KOLKATA vs. DCIT, CIRCLE -8, KOLKATA, KOLKATA

In the result, assessee’s appeals in ITA Nos

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

establishes that the object ancillary to the main object includes money lending, thus, for both the companies the business includes lending of money/advance. These documents were not examined by the AO, hence, we are of the view that let it be examined by the AO and decide the issue afresh. Accordingly, this issue of both the appeals of assessee

JCIT(OSD), CIRCLE - 8, KOLKATA, KOLKATA vs. M/S. OBEROI HOTELS PVT. LTD., KOLKATA

In the result, assessee’s appeals in ITA Nos

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

establishes that the object ancillary to the main object includes money lending, thus, for both the companies the business includes lending of money/advance. These documents were not examined by the AO, hence, we are of the view that let it be examined by the AO and decide the issue afresh. Accordingly, this issue of both the appeals of assessee

OBEROI HOTELS PRIVATE LIMITED,KOLKATA vs. DCIT, CIRCLE - 8, KOLKATA, KOLKATA

In the result, assessee’s appeals in ITA Nos

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

establishes that the object ancillary to the main object includes money lending, thus, for both the companies the business includes lending of money/advance. These documents were not examined by the AO, hence, we are of the view that let it be examined by the AO and decide the issue afresh. Accordingly, this issue of both the appeals of assessee

DCIT, CIRCLE-10, KOLKATA, KOLKATA vs. M/S. RELIANCE CHEMOTEX INDUSTRIES LTD., KOLKATA

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

Bench: Hon’Ble Shri N.V. Vasudevan, Jm & Shri M.Balaganesh, Am ] I.T.A No. 2041/Kol/2014 Assessment Year : 2011-12 Dcit, Circle-10 Kolkata -Vs- M/S Reliance Chemotex Industries Ltd. [Pan: Aabcr 3739 H] (Appellant) (Respondent)

depreciation on the same. Aggrieved, the revenue is in appeal before us on the following ground:- 3. That is the facts in law of the case the Ld. CIT(A) erred in deleting the addition of Rs. 12,45,778/- made by the Assessing Officer u/s 32(1)(iia) read with Rule-5 (New Appendix-1) 3.3. We have heard

M/S INSTRUMENTARIUM CORPORATION LTD.,KOLKATA vs. DDIT (IT)-1(1), KOLKATA, KOLKATA

Bench: The Special Bench:

depreciation of Rs 12,77,67,761. It was also noted that the assessee and Datex India, which was wholly owned subsidiary of the assessee and its marketing arm in India, entered into an agreement dated 26th August 2002 under which the assessee extended an interest free loan denominated in US Dollars, which was equivalent to Rs 36 crores

DCIT, CIRCLE - 8, KOLKATA, KOLKATA vs. M/S. E.I.H. LTD., KOLKATA

In the result, the appeal of the revenue in ITA NO

Bench: : Shri M. Balaganesh

permanent establishment in India or not. Reliance in this regard is placed on the decision of the Hon’ble Apex Court in the case of Ishikawajima-Harima Heavy Industries Ltd vs DIT reported in (2007) 288 ITR 408 (SC) . ITA Nos. 2182/Kol/06, 57, 1876 & 1846/Kol/07, 196 & 6 299/Kol/2010 DCIT

DCIT, CIR-8(1), KOLKATA, KOLKATA vs. M/S EIH 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 Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 153/Kol/2016 Assessment Year : 2011-12 Dcit, Circle-8(1), Kolkata -Vs- M/S Eih Limited [Pan: Aaace 6898 B] (Appellant) (Respondent) I.T.A No. 110/Kol/2016 Assessment Year : 2011-12 M/S Eih Limited -Vs- Dcit, Circle-8(1), Kolkata [Pan: Aaace 6898 B] (Appellant) (Respondent) For The Appellant : Shri Kanchun Kaushal,Ar For The Department : Shri G.Mallikarjuna, Cit Dr Date Of Hearing : 26.10.2017 Date Of Pronouncement : 12.01.2018 Order Per Bench:

permanent establishment, the concerned service is not taxable in India. Recruitment Charges Taxability under the Income tax Act The assessee had to take the services of various foreign recruitment agents (specially for SPAs, chefs etc.). The services are normally rendered outside India and the payments are made outside India as well. Further, since this does not involve any know

EIH LTD.,KOLKATA vs. THE DCIT, CIR-8(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 Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 153/Kol/2016 Assessment Year : 2011-12 Dcit, Circle-8(1), Kolkata -Vs- M/S Eih Limited [Pan: Aaace 6898 B] (Appellant) (Respondent) I.T.A No. 110/Kol/2016 Assessment Year : 2011-12 M/S Eih Limited -Vs- Dcit, Circle-8(1), Kolkata [Pan: Aaace 6898 B] (Appellant) (Respondent) For The Appellant : Shri Kanchun Kaushal,Ar For The Department : Shri G.Mallikarjuna, Cit Dr Date Of Hearing : 26.10.2017 Date Of Pronouncement : 12.01.2018 Order Per Bench:

permanent establishment, the concerned service is not taxable in India. Recruitment Charges Taxability under the Income tax Act The assessee had to take the services of various foreign recruitment agents (specially for SPAs, chefs etc.). The services are normally rendered outside India and the payments are made outside India as well. Further, since this does not involve any know