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:

144 Taxman 855 (Born.). The High Court has observed that Section 50 of the Act which is a special provision for computing the capital gains in the case of depreciable

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:

144 Taxman 855 (Born.). The High Court has observed that Section 50 of the Act which is a special provision for computing the capital gains in the case of depreciable

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

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

Section 14A(2) read with Rule 8D, the AR replied that the expenses allocated by the Applicant as per working statement filed is actually less that the amount offered on the basis followed by the AO in earlier years as aforesaid, and hence the question of "dissatisfaction" is ruled out in the present case but none the less

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

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

Section 14A(2) read with Rule 8D, the AR replied that the expenses allocated by the Applicant as per working statement filed is actually less that the amount offered on the basis followed by the AO in earlier years as aforesaid, and hence the question of "dissatisfaction" is ruled out in the present case but none the less

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

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

Section 14A(2) read with Rule 8D, the AR replied that the expenses allocated by the Applicant as per working statement filed is actually less that the amount offered on the basis followed by the AO in earlier years as aforesaid, and hence the question of "dissatisfaction" is ruled out in the present case but none the less

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

144 ITD 141. Accordingly, ground no.1 raised by the assessee is partly allowed and ground no. 4 raised by the revenue is dismissed. 3. Disallowance of provision for leave encashment of Rs. 47,75,059/- Ground No. 2 of assessee appeal The brief facts of this issue is that the assessee made a provision for leave encashment amounting

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

144 ITD 141. Accordingly, ground no.1 raised by the assessee is partly allowed and ground no. 4 raised by the revenue is dismissed. 3. Disallowance of provision for leave encashment of Rs. 47,75,059/- Ground No. 2 of assessee appeal The brief facts of this issue is that the assessee made a provision for leave encashment amounting

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

Bench: Shri P. M. Jagtap, V.P & Shri S. S. Godara, Jm आयकर अपीलसं./I.T.A No.1055& C.O. No.73/Kol/2018 ("नधा"रण वष" / Assessment Year: 2012-13) Dcit, Circle-6(1), Kolkata Vs. M/S. Universal Cables Ltd. 9/1, R.N. Mukherjee Road, Kol-1. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaacu3547P (Appellant/Revenue) .. (Respondent/ Cross-Objector)

depreciation relief of assessee. This former substantive ground is declined therefore. I.T.A No.1055/Kol/2018 & C.O. No.73/Kol/2018 M/s. Universal Cables Ltd. Assessment Year: 2012-13 4. Next comes the latter issue of section 14A r.w Rule 8D(2)(ii) & (iii) proportionate interest and administrative expenses disallowances of Rs.153.39 lacs and Rs.25.37 lacs; respectively in assessment dated 27.02.2015. The CIT(A) had decided

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 under the provisions of the Act. Accordingly, this issue of revenue’s appeal is dismissed and that of the assessee is allowed”. Respectfully following the aforesaid decision of this tribunal supra, we hold that the IPA received by the assessee would have to be construed as a Capital Receipt and the same need not be reduced from the cost

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

section 32(1) of the Act, for the assessment year 2010- 11, the assessee claimed only 50% initial depreciation and the remaining 50% was claimed in the assessment year 2011-12. Ld. Page 7 of 59 I.T.A. Nos.: 494 & 495/Kol/2020 & I.T.A. Nos.: 2111 & 2112/Kol/2018 Assessment Years: 2011-12 & 2012-13 Birla Corporation Limited. AO disallowed the claim on the ground

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

section 32(1) of the Act, for the assessment year 2010- 11, the assessee claimed only 50% initial depreciation and the remaining 50% was claimed in the assessment year 2011-12. Ld. Page 7 of 59 I.T.A. Nos.: 494 & 495/Kol/2020 & I.T.A. Nos.: 2111 & 2112/Kol/2018 Assessment Years: 2011-12 & 2012-13 Birla Corporation Limited. AO disallowed the claim on the ground

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

section 32(1) of the Act, for the assessment year 2010- 11, the assessee claimed only 50% initial depreciation and the remaining 50% was claimed in the assessment year 2011-12. Ld. Page 7 of 59 I.T.A. Nos.: 494 & 495/Kol/2020 & I.T.A. Nos.: 2111 & 2112/Kol/2018 Assessment Years: 2011-12 & 2012-13 Birla Corporation Limited. AO disallowed the claim on the ground

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

section 32(1) of the Act, for the assessment year 2010- 11, the assessee claimed only 50% initial depreciation and the remaining 50% was claimed in the assessment year 2011-12. Ld. Page 7 of 59 I.T.A. Nos.: 494 & 495/Kol/2020 & I.T.A. Nos.: 2111 & 2112/Kol/2018 Assessment Years: 2011-12 & 2012-13 Birla Corporation Limited. AO disallowed the claim on the ground

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 under the provisions of the Act. Accordingly, this issue of revenue’s appeal is dismissed and that of the assessee is allowed”. Page 36 of 67 I.T.A. Nos.: 2142 & 2143/KOL/2018 & I.T.A. Nos.: 496 & 497/KOL/2020 Assessment Years: 2013-14 & 2014-15 Birla Corporation Limited. Respectfully following the aforesaid decision of this tribunal supra, we hold that the IPA received

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 under the provisions of the Act. Accordingly, this issue of revenue’s appeal is dismissed and that of the assessee is allowed”. Page 36 of 67 I.T.A. Nos.: 2142 & 2143/KOL/2018 & I.T.A. Nos.: 496 & 497/KOL/2020 Assessment Years: 2013-14 & 2014-15 Birla Corporation Limited. Respectfully following the aforesaid decision of this tribunal supra, we hold that the IPA received

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 under the provisions of the Act. Accordingly, this issue of revenue’s appeal is dismissed and that of the assessee is allowed”. Page 36 of 67 I.T.A. Nos.: 2142 & 2143/KOL/2018 & I.T.A. Nos.: 496 & 497/KOL/2020 Assessment Years: 2013-14 & 2014-15 Birla Corporation Limited. Respectfully following the aforesaid decision of this tribunal supra, we hold that the IPA received

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 under the provisions of the Act. Accordingly, this issue of revenue’s appeal is dismissed and that of the assessee is allowed”. Page 36 of 67 I.T.A. Nos.: 2142 & 2143/KOL/2018 & I.T.A. Nos.: 496 & 497/KOL/2020 Assessment Years: 2013-14 & 2014-15 Birla Corporation Limited. Respectfully following the aforesaid decision of this tribunal supra, we hold that the IPA received

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

depreciation in case of Mahendra Mills (243 ITR 56) has interpreted the said term to mean actually allowed’. Thus, in the present case, since no ‘deduction’ has actually been allowed to the Appellant u/s 80IA of the Act in past until AY 2004-05, the Appellant is free to choose 10 out of 15 years for claiming deduction u/s.80IA

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

depreciation in case of Mahendra Mills (243 ITR 56) has interpreted the said term to mean actually allowed’. Thus, in the present case, since no ‘deduction’ has actually been allowed to the Appellant u/s 80IA of the Act in past until AY 2004-05, the Appellant is free to choose 10 out of 15 years for claiming deduction u/s.80IA