ACIT, CENTRAL CIRCLE - 4(3), KOLKATA vs. M/S. GRD COMMODITIES LTD., , KOLKATA

In the result, the appeals of the Revenue are dismissed and the cross objections of assessee are allowed

Bench: Shri P.M. Jagtap(Kz) &Shri A. T. Varkey, Jm] It(Ss)A Nos.120 To123/Kol/2018 Assessment Years: 2009-10 To 2012-13

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year) : Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall

ACIT, CIR.-26(1), KOLKATA,KOLKATA vs. M/S FUTURE DISTRIBUTORS, KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri P.M. Jagtap & Shri A.T. Varkey

depreciation and interest, total income of Rs.63,96,81,915/- was declared by the assessee. On the basis of the documents impounded during the course of survey, the evidences collected during the course of assessment proceedings and the statements of the concerned persons recorded under section 131, the Assessing Officer recorded certain adverse findings and observations in the assessment order

DCIT, CIRCLE - 3(1), , KOLKATA vs. M/S. THE PEERLESS GENERAL FINANCE & INVESTMENT CO. LTD.,, KOLKATA

In the result, the appeal of Revenue is dismissed

Bench: "ी जे. सुधाकर रे"डी, लेखा सद"य एवं/And "ी ऐ. ट". वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year) : Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall

M/S VINAYAK FINANCIAL CONSULTANTS PRIVATE LIMITED,KOLKATA vs. D.C.I.T., CENTRAL CIRCLE-4(1), KOLKATA

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

131 of the Act on\n21.02.2020 he has stated that he is a salesman in NR Garments at Sampark Mall, gate No. 02,\nShop No. 12, Lindsey Street, Kolkata. Further during the course of his statement Sri Prakash\nSonkar was asked about his directorship in various companies including is Shivashiv\nDealtrade Pvt. Ltd, the data of which is available

ACIT, CIRCLE - 2(1), , KOLKATA vs. TCG URBAN INFRASTRUCTURE HOLDINGS PVT LTD.,, KOLKATA

Accordingly, the same is dismissed

Bench: Shri Sanjay Garg & Dr. M.L.Meenaआयकर अपील सं.य/

131 OF 20101 JULY 9,2013 Section 37, read with section 35D, of the Income­tax Act, 1961 ­ Business expenditure ­ Allowability of [Set up of business/Commencement of business] ­ Whether running expenses from date of setting up of business till date of commencement of business/commercial operation cannot be said to be capital in nature, said expenses are to be allowed as revenue

M/S TATA MEDICAL CENTRE TRUST,KOLKATA vs. CIT(EXEMPTION), KOLKAA

In the result, the appeal of the assessee is allowed

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

131 or section 133 of the Act) is sought to be initiated; or (v) When the functionality to issue communication is not available in the system, the communication may be issued manually but only after recording reasons in writing in the file and with prior written approval of the Chief Commissioner/ Director General of income- tax. In cases where manual

PHILIPS INDIA LTD.,KOLKATA vs. PCIT-IV, KOLKATA, KOLKATA

In the result, appeal of the assessee is dismissed

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi] I.T.A. No. 1142/Kol/2016 Assessment Year: 2009-10 Philips India Limited..........……………………………………....………………..…………………….….Appellant Earlier Known As Philips Electronics India Limited 7 No. Justice Chandra Madhab Road Kolkata – 700 020 [Pan : Aabcp 9487 A] Principal Commissioner Of Income Tax - Iv, Kolkata…….............…....................…...Respondent Appearances By: Shri P.J. Pardiwala, Sr. Advocate & Shri Navneet Misra, Advocate, Appeared On Behalf Of The Assessee. Shri Robin Choudhury, Addl. Cit D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : January 10Th, 2019 Date Of Pronouncing The Order : March 27Th, 2019 O R D E R Per J. Sudhakar Reddy :-

131, 246A and 253, and submitted that, no amendment has been made to Section 263 of the Act, as a consequence of insertion to Section 144C of the Act. 5.2. Without prejudice to these arguments, the ld. Sr. Advocate submitted that clause (C) of explanation 1 to Section 263 of the Act, provides that “matters not considered and decided

ACIT (OSD), WARD - 12(3), KOLKATA, KOLKATA vs. M/S. AMRABATHI INVESTRA PVT. LTD., KOLKATA

In the result, the appeal of the assessee is allowed and the appeal of the revenue is dismissed

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.231/Kol/2018 ("नधा"रणवष" / Assessment Year:2009-10)

131 of the Income Tax Act, 1961. The statement of Shri Maioi Sharma, the director of M/s. Mandapam Commercial Ltd., delivered by him on oath on 10.03.2015 before the department, is on record. In the said statement, in Answer to Q.No.9 he has stated that the company namely, M/s. Mandapam Commercial Ltd. was controlled and managed by Mr. Banwari

AMRABATHI INVESTRA PVT. LTD.,KOLKATA vs. ITO, WARD - 12(3), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed and the appeal of the revenue is dismissed

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.231/Kol/2018 ("नधा"रणवष" / Assessment Year:2009-10)

131 of the Income Tax Act, 1961. The statement of Shri Maioi Sharma, the director of M/s. Mandapam Commercial Ltd., delivered by him on oath on 10.03.2015 before the department, is on record. In the said statement, in Answer to Q.No.9 he has stated that the company namely, M/s. Mandapam Commercial Ltd. was controlled and managed by Mr. Banwari

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

131-135) The Hon'ble Cuttack Tribunal in the case of Maxcare (supra) after considering the difference in the language of section 80HH and 80IA held that “all sorts of income which are inextricably related to carrying on the business of industrial undertaking are to be considered for deduction u/s. 80IA of the Act, and accordingly, interest income and miscellaneous

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

131-135) The Hon'ble Cuttack Tribunal in the case of Maxcare (supra) after considering the difference in the language of section 80HH and 80IA held that “all sorts of income which are inextricably related to carrying on the business of industrial undertaking are to be considered for deduction u/s. 80IA of the Act, and accordingly, interest income and miscellaneous

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

131-135) The Hon'ble Cuttack Tribunal in the case of Maxcare (supra) after considering the difference in the language of section 80HH and 80IA held that “all sorts of income which are inextricably related to carrying on the business of industrial undertaking are to be considered for deduction u/s. 80IA of the Act, and accordingly, interest income and miscellaneous

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

131-135) The Hon'ble Cuttack Tribunal in the case of Maxcare (supra) after considering the difference in the language of section 80HH and 80IA held that “all sorts of income which are inextricably related to carrying on the business of industrial undertaking are to be considered for deduction u/s. 80IA of the Act, and accordingly, interest income and miscellaneous

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

131-135) The Hon'ble Cuttack Tribunal in the case of Maxcare (supra) after considering the difference in the language of section 80HH and 80IA held that “all sorts of income which are inextricably related to carrying on the business of industrial undertaking are to be considered for deduction u/s. 80IA of the Act, and accordingly, interest income and miscellaneous

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

131-135) The Hon'ble Cuttack Tribunal in the case of Maxcare (supra) after considering the difference in the language of section 80HH and 80IA held that “all sorts of income which are inextricably related to carrying on the business of industrial undertaking are to be considered for deduction u/s. 80IA of the Act, and accordingly, interest income and miscellaneous

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

131-135) The Hon'ble Cuttack Tribunal in the case of Maxcare (supra) after considering the difference in the language of section 80HH and 80IA held that “all sorts of income which are inextricably related to carrying on the business of industrial undertaking are to be considered for deduction u/s. 80IA of the Act, and accordingly, interest income and miscellaneous

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

131-135) The Hon'ble Cuttack Tribunal in the case of Maxcare (supra) after considering the difference in the language of section 80HH and 80IA held that “all sorts of income which are inextricably related to carrying on the business of industrial undertaking are to be considered for deduction u/s. 80IA of the Act, and accordingly, interest income and miscellaneous

JHA EDUCATIONAL TRUST ,KOLKATA vs. ITO(EXEMPTION), WARD - 1(1), KOLKATA , KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap(Kz) & Shri A. T. Varkey, Jm]

131 Taxman 386 (Bombay)]. In the said judgment, the contention of the Department predicated on double benefit was turned down in the following manner: “3. As stated above, the first question which requires consideration by this Court is: whether depreciation was allowable on the assets, the cost of which has been fully allowed as application of income under section

M/S. MATARANI VINTRADE PVT. LTD., ,KOLKATA vs. ITO, WARD - 15(1), KOLKATA , KOLKATA

Bench: Hon’Ble Shri P.M. Jagtap, V.P (Kz) & Hon’Ble Shri A. T. Varkey, Jm Assessment Year: 2012-13

3. Copy of Annual Return filed with ROC 4. Details of Fresh Share Capital introduced during the year along with the names, full postal addresses and PAN of all the 38 the share applicant companies. 5. Detailed Fund Flow Statement for the year. 6. Copy of Bank Statement. 7. Details of Business Activities 8. Details of Fixed Assets and depreciation