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

254). Accordingly on the WDV of ₹26,07,502/- assessee would have claimed depreciation @ 60% i.e.₹15,64,501/- only. Whereas assessee is entitled for depreciation @ 25% of ₹26,07,502/- which comes out to ₹6,51,876/- only. Accordingly, the AO further observed that assessee has claimed excessive depreciation

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

254). Accordingly on the WDV of ₹26,07,502/- assessee would have claimed depreciation @ 60% i.e.₹15,64,501/- only. Whereas assessee is entitled for depreciation @ 25% of ₹26,07,502/- which comes out to ₹6,51,876/- only. Accordingly, the AO further observed that assessee has claimed excessive depreciation

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

254). Accordingly on the WDV of ₹26,07,502/- assessee would have claimed depreciation @ 60% i.e.₹15,64,501/- only. Whereas assessee is entitled for depreciation @ 25% of ₹26,07,502/- which comes out to ₹6,51,876/- only. Accordingly, the AO further observed that assessee has claimed excessive depreciation

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

254). Accordingly on the WDV of ₹26,07,502/- assessee would have claimed depreciation @ 60% i.e.₹15,64,501/- only. Whereas assessee is entitled for depreciation @ 25% of ₹26,07,502/- which comes out to ₹6,51,876/- only. Accordingly, the AO further observed that assessee has claimed excessive depreciation

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

254). Accordingly on the WDV of ₹26,07,502/- assessee would have claimed depreciation @ 60% i.e.₹15,64,501/- only. Whereas assessee is entitled for depreciation @ 25% of ₹26,07,502/- which comes out to ₹6,51,876/- only. Accordingly, the AO further observed that assessee has claimed excessive depreciation

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

254). Accordingly on the WDV of ₹26,07,502/- assessee would have claimed depreciation @ 60% i.e.₹15,64,501/- only. Whereas assessee is entitled for depreciation @ 25% of ₹26,07,502/- which comes out to ₹6,51,876/- only. Accordingly, the AO further observed that assessee has claimed excessive depreciation

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

depreciation at the rate 25% on\nthe said amount for this year and then 25% on WDV only.\n25.6. Simultaneously, the said disallowance i.e., Rs. 1,19,67,718/- is also\na subject matter of addition by virtue of clause (f) under Explanation [1] to\nthe section 115JB for determining the MAT amount payable by the\nassessee.\"\n10.2

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

depreciation at the rate 25% on\nthe said amount for this year and then 25% on WDV only.”\n9.2 The Ld. CIT(A) after considering the facts of the case and\nsubmissions of the assessee gave his findings as under:\n“3. I have carefully considered the issue in appeal, and find that that there\nis considerable merit

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

In the result, the appeal filed by the Revenue in ITA No

depreciation at the rate 25% on\nthe said amount for this year and then 25% on WDV only.”\n9.2 The Ld. CIT(A) after considering the facts of the case and\nsubmissions of the assessee gave his findings as under:\n“3. I have carefully considered the issue in appeal, and find that that there\nis considerable merit

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

In the result, the appeal filed by the Revenue in ITA No

depreciation at the rate 25% on\nthe said amount for this year and then 25% on WDV only.”\n9.2 The Ld. CIT(A) after considering the facts of the case and\nsubmissions of the assessee gave his findings as under:\n“3. I have carefully considered the issue in appeal, and find that that there\nis considerable merit

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

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

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

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

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

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

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

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