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

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

201/- at the time of filing of return. In the course of assessment tile appellant had substantiated the basis adopted for offering the disallowance u/s 14A of the Act. I also note that the methodology adopted by the appellant for disallowing administrative expenses u/s 14A was consistently followed and accepted in the appellant's regular assessments upto

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

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

201/- at the time of filing of return. In the course of assessment tile appellant had substantiated the basis adopted for offering the disallowance u/s 14A of the Act. I also note that the methodology adopted by the appellant for disallowing administrative expenses u/s 14A was consistently followed and accepted in the appellant's regular assessments upto

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

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

201/- at the time of filing of return. In the course of assessment tile appellant had substantiated the basis adopted for offering the disallowance u/s 14A of the Act. I also note that the methodology adopted by the appellant for disallowing administrative expenses u/s 14A was consistently followed and accepted in the appellant's regular assessments upto

M/S VODAFONE EAST LTD.(FORMERLY KNOWN AS VODAFONE ESSAR EAST LIMITED),KOLKATA vs. A.D.I.T RANGE - 7,KOL., KOLKATA

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

Bench: Shri Mahavir Singh & Shri M. Balaganesh

201(IA) could not be applied? (b) Without prejudice to the above, whether, on the facts and in the circumstances of the case and in law, payment of wheeling and transmission charges to the entitles like MSETCL and PGCIL, should have been treated as fees for technical services and tax should have been deducted at source under section 194J

ICI INDIA LTD.,KOLKATA vs. DCIT, CIR-10, KOLKATA, KOLKATA

In the result, Revenue’s appeal is dismissed

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

section 201(IA) of IT Act.” 26. At the time of hearing Ld. AR of assessee submitted that he has been instructed not to press ground No.1 to 3, 5, 6 & 11 of this appeal. Ld. DR raised no objection regarding the action of Ld. AR for not pressing these grounds. Hence, we dismiss those grounds of assessee

ACIT, CIR-10, KOLKATA, KOLKATA vs. M/S ICI INDIA LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

section 201(IA) of IT Act.” 26. At the time of hearing Ld. AR of assessee submitted that he has been instructed not to press ground No.1 to 3, 5, 6 & 11 of this appeal. Ld. DR raised no objection regarding the action of Ld. AR for not pressing these grounds. Hence, we dismiss those grounds of assessee

DCIT, CIR-10, KOLKATA, KOLKATA vs. M/S ICI INDIA LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

section 201(IA) of IT Act.” 26. At the time of hearing Ld. AR of assessee submitted that he has been instructed not to press ground No.1 to 3, 5, 6 & 11 of this appeal. Ld. DR raised no objection regarding the action of Ld. AR for not pressing these grounds. Hence, we dismiss those grounds of assessee

HALDIA PETROCHEMICALS LIMITED,KOLKATA vs. ITO, WARD - 12(4), KOLKATA, KOLKATA

In the result, the appeals of the assessee for A

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

Depreciation on fixed assets as well as on temporary structure and other facilities used during the period of construction (see paragraph 9.4 and 9.5 of this Note). (j) Expenses on test runs (see paragraph 11 of this Note). (k) Expenses on land grading and leveling (see paragraph 96 of this Note). Taking a consistent view by the decision

M/S. SAREGAMA INDIA LIMITED,KOLKATA vs. ACIT, (TDS) CIRCLE - 59, KOLKATA, KOLKATA

In the result, the appeal of assessee is allowed

Bench: Shri Mahavir Singh, Jm & Shri Waseem Ahmed, Am]

depreciation was claimed. I find no substance in the submission of the appellant that the payments made by it are not covered under the definition of Royalty because as per clause (v) of Explanation-2 of section 9( l)(vi) of the 1. T. Act "Royalty" means consideration including a lump sum consideration ------- for the transfer

M/S. BANARSI DAS & SONS,KOLKATA vs. ITO, WARD - 34(1), KOLKATA , KOLKATA

In the result the appeal of the assessee is partly allowed

Bench: Hon’Ble Shri N.S.Saini, Am ] Assessment Year : 2014-15

201 but no disallowance could be made invoking the provisions of section 40(a)(ia).” 8. Therefore respectfully following the decision of the Hon’ble High Court we set aside the orders of the lower authorities and delete the addition of Rs.3,06,405/- and allow this ground of appeal of the assessee. 9. In ground no.2

M/S. FUTURE DISTRIBUTORS,KOLKATA vs. PR.CIT, KOLKATA - 9, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

depreciation and interest, the total income of the assessee from the business of dealing in lottery tickets was determined by the Assessing Officer at Rs.1,72,96,81,920/- for the year under consideration in the assessment completed under section 143(3)/144 vide an order dated 22.03.2013. 5. The records of the assessment made under section 143(3)/144

I.T.O WD - 8(2),KOLKATA, KOLKATA vs. M/S CALCUTTA MEDICAL IMAGING INSTITUTE LTD., KOLKATA

In the result, Revenue’s appeal stands dismissed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Years:2005-06

201 ITR 124 (Cal) On the other hand, Ld. AR before us filed paper book comprising pages from 1 to 21 and submitted the trial process of the machines started with effect from 15.03.2004. The assessee in support of its claim has submitted the test report for using machine which is placed on page 7 of the paper book

I.T.O (E) - 1,KOLKATA, KOLKATA vs. NATIONAL COUNCIL OF SCIENCE MUSEUM, KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri P. M. Jagtap, A.M. & Shri S.S.Viswanethra Ravi, J.M.)

201/- Depreciation allowed as per Income & Expenditure A/c (Depreciation claimed to be as per IT. Act.) Rs.10,02.46,670/- Rs.56,90,99.436/- Total income Rs.23,14,53,686/- 3 National Council of Science Museum 5. The CIT-A was of the view that the assessee receives funds from Government of India and Government of West Bengal to maintain and manage

M/S MATERIALS CHEMICALS AND PERFORMANCE INTERMEDIARIES PVT. LTD.,KOLKATA vs. DCIT, CIR-11, KOLKATA, KOLKATA

In the result, the appeal of assessee is allowed

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

depreciation by Rs.5,52,56,310/- (i.e.12.5% on Rs.44,20,50,481/-) and as such underassessment of income by Rs.5,52,56,310/~ with consequent tax effect of Rs.1,90,23,201/-.” 7. The main contention of the Ld. Sr. Counsel is that when the original assessment was completed u/s. 143(3) of the Act and reopening of the completed

ACIT, LTU - 2, KOLKATA , KOLKATA vs. M/S. UCO BANK, KOLKATA

In the result, appeal of the Revenue is dismissed

Bench: Shri S. S. Godara, Jm & Dr. A.L. Saini, Am Vs. M/S Uco Bank Acit, Ltu-2, Kolkata 10, Btm, Sarani, Kolkata – 700001. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacu3561B .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

201, but no disallowance could be made by invoking the provisions of section 40(a)(ia). 4. We have heard the arguments of both the sides and also perused the relevant material available on record. Although the ld. D.R. has relied on the decision of the Hon’ble Kerala High Court in the case of CIT –vs.- PVS Memorial Hospital

ACIT, LTU - 2, KOLKATA , KOLKATA vs. M/S. UCO BANK, KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri P.M. Jagtap, Vice- & Shri A.T. Varkey

201, but no disallowance could be made by invoking the provisions of section 40(a)(ia). 4. We have heard the arguments of both the sides and also perused the relevant material available on record. Although the ld. D.R. has relied on the decision of the Hon’ble Kerala High Court in the case of CIT –vs.- PVS Memorial Hospital

BHAGWATI GASES LTD.,KOLKATA vs. DCIT, CIR-8, KOLKATA, KOLKATA

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

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

201, the Court held that the expression "current repairs" denotes repairs which are attended to when the need for them arises from the viewpoint of a businessman. The words used in section 31 (1) are "current repairs". The object behind section 31 (1) is to preserve and maintain the asset and not to bring in a new asset. Citing examples

DCIT, CIR-8(1), KOLKATA, KOLKATA vs. M/S BHAGWATI GASES LTD., KOLKATA

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

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

201, the Court held that the expression "current repairs" denotes repairs which are attended to when the need for them arises from the viewpoint of a businessman. The words used in section 31 (1) are "current repairs". The object behind section 31 (1) is to preserve and maintain the asset and not to bring in a new asset. Citing examples