CAROLINA FOOD AND INDUSTRIES PRIVATE LIMITED ,KOLKATA vs. DCIT, CIRCLE - 10(1) , KOLKATA

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

24. After hearing the rival submissions and perusing the relevant material available on record, we find that undoubtedly the brought forward unabsorbed depreciation becomes a part of the current year’s depreciation in terms of the provisions of section

ACIT, CIRCLE-8(2), KOLKATA, KOLKATA vs. TATA STEEL PROCESSING AND DISTRIBUTION LTD., KOLKATA

In the result, the cross objection of the assessee is partly allowed

Bench: Hon’Ble Shri A T Varkey, Jm & Shri M.Balaganesh, Am] I.T.A No. 2237/Kol/2016 Assessment Year : 2011-12 Acit, Circle-8(2), Kolkata -Vs- Tata Steel Processing & Distribution Ltd. [Pan: Aabct 1029 L ] (Appellant) (Respondent)

depreciation of Rs. 1,43,24,748/- to the assessee. Accordingly, ground no. 3(a) raised by the assessee is allowed.” Respectfully following the same, we dismiss the ground no. 1 raised by the revenue. 5. The next issue to be decided in this appeal is as to whether the Ld. CIT(A) was justified in deleting the disallowance

BINAYAK IMAGINE & DIAGNOSTIC PVT. LTD.,KOLKATA vs. DCIT, CIR. 7(1), KOLKATA

In the result, appeal of the assessee ispartly allowed for statistical purposes

Bench: Shri Rajesh Kumar&Shri Sonjoy Sarma]

depreciation @ 40%. 7. Issue raised in ground nos. 4 & 5 is against the disallowance of employees contribution to PF &ESI amounting to Rs. 69,448/- u/s 36(1)(va) of the Act. 8. At the outset, we note that the grounds of appeal relate to disallowance made u/s. 36(1)(va) of the Act in respect of delayed deposit

WEST BENGAL ELECTRONICS INDUSTRY DEVELOPMENT CORPORATION LIMITED,KOLKATA vs. DCIT/ACIT, CIRCLE - 2(1), KOLKATA, KOLKATA

Appeals of the assessee are allowed

depreciation allowance or any other allowance,\nas the case may be, for the assessment year concerned (hereafter in this\nsection and in Sections 148 9 to 153 referred to as the relevant\n assessment year):\" (emphasis supplied)\n5. On going through the changes, quoted above, made to Section 147 of the Act,\nwe find that, prior to the Direct

EIH LIMITED,KOLKATA vs. DCIT, CIR-8(1)KOL., KOLKATA

In the result, assessee’s appeal stands partly allowed for statistical purpose

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2012-13 Eih Ltd V/S. Dcit, Circle-8(1), 4, Mangoe Lane, Aayakar Bhawan, P-7, Kolkata-700 001 Chowringhee Square, [Pan No.Aaace 6898 B] Kolkata-69 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Ravi Sharma, Ar अपीलाथ" क" ओर से/By Appellant Shri P.K. Srihari, Cit-Dr ""यथ" क" ओर से/By Respondent 27-02-2018 सुनवाई क" तार"ख/Date Of Hearing 16-05-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Assessee Is Directed Against The Order Of Dispute Resolution Panel-2, (Drp For Short) Dated 17.10.2016. Assessment Was Framed By Dcit, Circle-8(1), Kolkata U/S 144C(13)/143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 29.11.2016 For Assessment Year 2012-13 & Grounds Raised By Assessee Read As Under:- “1.0 Determination Of Arm'S Length Price For Corporate Guarantee Fees 1.1 On The Facts & In The Circumstances Of The Case & In Law, The Learned Transfer Pricing Officer (Hereinafter Referred To As "Ld, Tpo") & Accordingly Learned Assessing Officer (Hereinafter Referred To As "Ld. Ao") Erred In Treating The Corporate Guarantee Extended By The Appellant To Its Associated Enterprise (Ae) As International Transaction & Dispute Resolution Panel (Hereinafter Referred To As "Ld, Panel") Erred In Confirming The Same As An International Transaction Without Appreciating The Fact That It Does Not Fall Within The Ambit Of "International Transaction" U/S 92B Of The Act. 1.2 The Ld.Ao/Tpo & The Ld. Panel Failed To Appreciate The Fact That Corporate Guarantee Has Been Advanced By The Appellant As A Matter Of Commercial Prudence To Protect The Business Interest Of The Group By Fulfilling

section 32(1) of the Act. Therefore, the assessee fulfilled even the requirements for a claim of a higher rate of depreciation and was entitled thereto.” Though this decision has been rendered on the allowability of depreciation on leased assets from the angle of the lessor, the principle laid down could be made very much applicable to the facts

SAMARTH FABLON PRIVATE LIMITED ,KOLKATA vs. PRINCIPAL CIT, CENTRAL - 1, KOLKATA , KOLKATA

In the result, appeal of assessee is partly allowed

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

24 taxmann.com 189 (Delhi) has held that benefit of additional depreciation under section 32(1)(iia) is available in full

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:

24) of the Act the income derived from leasing of the trucks would be business income, or income derived in the course of business, and had been so assessed. Hence, it fulfilled the requirement of section 32 of the Act, that the asset must be used in the course of business. The assessee did use the vehicles in the course

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:

24) of the Act the income derived from leasing of the trucks would be business income, or income derived in the course of business, and had been so assessed. Hence, it fulfilled the requirement of section 32 of the Act, that the asset must be used in the course of business. The assessee did use the vehicles in the course

BOC INDIA LIMITED,KOLKATA vs. ADDL. CIT, RANGE - 12, KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed and appeal of the revenue is dismissed as stated above

Bench: : Shri M. Balaganesh

depreciable assets. 11. We have heard the rival submissions and perused the material available on record including the detailed paper book of the assessee filed before us. The facts as stated hereinabove remain undisputed and hence are not reiterated herein for the sake of brevity. We find that the ld.DVO had also adopted stamp duty rate @ Rs. 861 per sq.ft

LIMTEX TEA & INDUSTRIES LTD,,KOLKATA vs. ACIT, CIR-4, KOLKATA, KOLKATA

In the result the appeal by the Assessee is dismissed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] Assessment Year : 2006-07

depreciable assets while determining the same under Section 43(1) shall not be treated as income. 21. The question is as to whether the aforesaid amendment to Sec.2(24

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

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

24-02-2020 सुनवाई क! तार"ख/Date of Hearing 28-02-2020 घोषणा क! तार"ख/Date of Pronouncement आदेश /O R D E R PER S.S.Godara, Judicial Member:- These three Revenue’s appeals and assessee’s Cross Objection(s) (CO) ITA Nos. 217 to 219/Kol/2018 with CO Nos.94 to 96/Kol/2018 for assessment year

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

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

24-02-2020 सुनवाई क! तार"ख/Date of Hearing 28-02-2020 घोषणा क! तार"ख/Date of Pronouncement आदेश /O R D E R PER S.S.Godara, Judicial Member:- These three Revenue’s appeals and assessee’s Cross Objection(s) (CO) ITA Nos. 217 to 219/Kol/2018 with CO Nos.94 to 96/Kol/2018 for assessment year

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

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

24-02-2020 सुनवाई क! तार"ख/Date of Hearing 28-02-2020 घोषणा क! तार"ख/Date of Pronouncement आदेश /O R D E R PER S.S.Godara, Judicial Member:- These three Revenue’s appeals and assessee’s Cross Objection(s) (CO) ITA Nos. 217 to 219/Kol/2018 with CO Nos.94 to 96/Kol/2018 for assessment year

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

24 SOT 170) wherein the Tribunal in the context of section amended 80IA (2) has held that ‘section 80IA as enacted by the Finance Act, 1999 w.e.f. 1std April, 2000 gives as option to the assessee w.e.f. 1st April 2000 to claim relief under this section for any 10 consecutive assessment years out of 15 years beginning from the year

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

24 SOT 170) wherein the Tribunal in the context of section amended 80IA (2) has held that ‘section 80IA as enacted by the Finance Act, 1999 w.e.f. 1std April, 2000 gives as option to the assessee w.e.f. 1st April 2000 to claim relief under this section for any 10 consecutive assessment years out of 15 years beginning from the year

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

24 SOT 170) wherein the Tribunal in the context of section amended 80IA (2) has held that ‘section 80IA as enacted by the Finance Act, 1999 w.e.f. 1std April, 2000 gives as option to the assessee w.e.f. 1st April 2000 to claim relief under this section for any 10 consecutive assessment years out of 15 years beginning from the year

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

24 SOT 170) wherein the Tribunal in the context of section amended 80IA (2) has held that ‘section 80IA as enacted by the Finance Act, 1999 w.e.f. 1std April, 2000 gives as option to the assessee w.e.f. 1st April 2000 to claim relief under this section for any 10 consecutive assessment years out of 15 years beginning from the year

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

24 SOT 170) wherein the Tribunal in the context of section amended 80IA (2) has held that ‘section 80IA as enacted by the Finance Act, 1999 w.e.f. 1std April, 2000 gives as option to the assessee w.e.f. 1st April 2000 to claim relief under this section for any 10 consecutive assessment years out of 15 years beginning from the year