DAMODAR VALLEY CORPORATION,KOLKATA vs. ADDL. CIT, RANGE - 9, KOLKATA, KOLKATA

Accordingly, the ground nos. 8 & 9 in ITA No. 451/Kol/2013 raised by the assessee are allowed

Bench: : Shri N.V. Vasudevan & Shri M. Balaganeshita No. 1622/Kol/2011 A.Y 2008-09

depreciation, for which financial year or part of such financial year falling within or relevant previous year. 16. Only those companies, which are engaged in the generation or supply of electricity, will come within the ambit of section 616 of the Companies Act. For that it is necessary that assessee must be a company. If assessee is not a company

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]

234B, 234C & 234D of the Act of Rs. 399,100, Rs. 1,213,022 & Rs. 252,420 respectively). 4. Aggrieved by the aforesaid original assessment order, the assessee had filed an appeal which is presently pending before the Ld. Commissioner of Income Tax (Appeals)- 22. 5. In the meantime, the AO issued notice under section 148 of the Act dated

DIPSC LIMITED,KOLKATA vs. D.C.I T CIR - VI,KOLKATA, KOLKATA

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

Bench: Shri Mahavir Singh, Jm & Shri M.Balaganesh, Am] Assessment Year : 2007-08

3 of the Companies Act, therefore, though it is engaged in the generation/distribution of electricity, it cannot be deemed as a company within the meaning of section 616( c). 17. Explanation to section 115JA defines the term “Book Profit” to mean the net profit as shown in the Profit & Loss Account for the relevant previous year prepared under sub-section

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

3. On the facts and circumstances of the case and in law, the learned CIT(A) erred in confirming the action of the learned AO in not allowing deduction of Rs.569,248, being contribution paid to Life Insurance Corporation of India in respect of gratuity fund. 4. As interest under section 234B of the Act is not leviable in case

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

3. On the facts and circumstances of the case and in law, the learned CIT(A) erred in confirming the action of the learned AO in not allowing deduction of Rs.569,248, being contribution paid to Life Insurance Corporation of India in respect of gratuity fund. 4. As interest under section 234B of the Act is not leviable in case

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

3. On the facts and circumstances of the case and in law, the learned CIT(A) erred in confirming the action of the learned AO in not allowing deduction of Rs.569,248, being contribution paid to Life Insurance Corporation of India in respect of gratuity fund. 4. As interest under section 234B of the Act is not leviable in case

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

3. On the facts and circumstances of the case and in law, the learned CIT(A) erred in confirming the action of the learned AO in not allowing deduction of Rs.569,248, being contribution paid to Life Insurance Corporation of India in respect of gratuity fund. 4. As interest under section 234B of the Act is not leviable in case

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

3. On the facts and circumstances of the case and in law, the learned CIT(A) erred in confirming the action of the learned AO in not allowing deduction of Rs.569,248, being contribution paid to Life Insurance Corporation of India in respect of gratuity fund. 4. As interest under section 234B of the Act is not leviable in case

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

3. On the facts and circumstances of the case and in law, the learned CIT(A) erred in confirming the action of the learned AO in not allowing deduction of Rs.569,248, being contribution paid to Life Insurance Corporation of India in respect of gratuity fund. 4. As interest under section 234B of the Act is not leviable in case

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

3. On the facts and circumstances of the case and in law, the learned CIT(A) erred in confirming the action of the learned AO in not allowing deduction of Rs.569,248, being contribution paid to Life Insurance Corporation of India in respect of gratuity fund. 4. As interest under section 234B of the Act is not leviable in case

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

3. On the facts and circumstances of the case and in law, the learned CIT(A) erred in confirming the action of the learned AO in not allowing deduction of Rs.569,248, being contribution paid to Life Insurance Corporation of India in respect of gratuity fund. 4. As interest under section 234B of the Act is not leviable in case

M/S. TEGA INDUSTRIES LIMITED,KOLKATA vs. D.C.I.T., CIRCLE - 11(1), KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

Depreciation on turbine 1289189 Electricity duty 787872 I.T.A. No.: 1875/KOL/2024 Assessment Year: 2020-21 M/s. Tega Industries Limited. The AO is also directed to verity the above figures. Accordingly the AO is directed to rework the deduction under section 80I-A claimed by the appellant as indicated in the preceding discussion." 16. The Tribunal, concurred with the aforesaid findings recorded

DCIT, CIR-12(2), KOLKATA, KOLKATA vs. M/S PHILIPS INDIA LTD., KOLKATA

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

234B of the Act. 11. Interest under section 234D 11.1. The Learned AO erred in levying interest of Rs. 1,61,67,498 under section 234D of the Act. 12. Interest under section 244A 12.1. The Learned AO erred in recovering interest of Rs. 42,39,613 under section 244A of the Act. 13. Penalty

M/S PHILIPS INDIA LTD.,KOLKATA vs. DCIT, CIR-12(2), KOLKATA, KOLKATA

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

234B of the Act. 11. Interest under section 234D 11.1. The Learned AO erred in levying interest of Rs. 1,61,67,498 under section 234D of the Act. 12. Interest under section 244A 12.1. The Learned AO erred in recovering interest of Rs. 42,39,613 under section 244A of the Act. 13. Penalty

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

234B and Rs.2,23,617 under 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

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

234B and Rs.2,23,617 under 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

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

234B and Rs.2,23,617 under 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

DIPSC LIMITED,KOLKATA vs. J.C.I T CIR - VI,KOLKATA, KOLKATA

In the result, assessee’s appeal in ITA No

Bench: Shri M. Balaganesh, Am & Shri K. Narasimha Chary, Jm]

depreciation. Returns dated 29.9.2009 and 19.10.2010 were filed under section 115 JB of the Act whereas in the return dated 31.3.2011 it is alleged that the provisions under section 115JB have no application to the assessee being a Power Generating Company. The AO by way of order dated 01.10.2011 assessed the income of the assessee