M/S ADHUNIK INFRASTRUCTURE PVT. LTD.,KOLKATA vs. JCIT, RG-10, KOLKATA, KOLKATA

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

Bench: Hon’Ble Shri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No.1281 /Kol/2015 Assessment Year : 2010-11

depreciation in respect of such machinery or plant has been allowed or is allowable under the provisions of this Act in computing the total income of any person for any period prior to the date of the installation of machinery or 9 10 Adhunik Infrastructure (P)Ltd. A.Yr.2010-11 plant by the assessee. Explanation 2.—Where in the case

ACIT, CIRCLE - 11(2), , KOLKATA vs. M/S. SHRISTI INFRASTRUCTURE DEVELOPMENT CORPORATION LTD., KOLKATA

Appeal is dismissed

Bench: Shri S. S. Godara, Jm & Dr. A. L. Saini, Am आयकर अपीलसं./I.T.A No.881/Kol/2019 ("नधा"रण वष" / Assessment Year: 2012-13) Acit, Circle-11(2), Kolkata. Vs. M/S. Shristi Infrastructure Pvt. Ltd. Plot No.X-1,2 & 3, Block-Ep, Sector-V, Salt Lake City, Kolkata – 700091. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcp5074F (Appellant) .. (Respondent) Appellant By : Smt. Ranu Biswas, Addl. Cit Respondent By : Shri Sunil Surana, Fca सुनवाईक"तार"ख/ Date Of Hearing : 16/12/2019 घोषणाक"तार"ख/Date Of Pronouncement : 31/12/2019 आदेश / O R D E R Per Shri S. S. Godara: This Assessee’S Appeal For Assessment Year 2012-13 Arises Against The Commissioner Of Income Tax (A) - 4, Kolkata Dated 26.12.2018 Passed In Case No.738/Cit(A)-4/2015-16 Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961 (In Short ‘The Act’). Heard Both The Parties. Case File Perused.

288 – Del HC) -Cyber India Online Ltd. vs ACIT (2014)(42 Taxmann.com 108) 1.5 In light of the above, it is apparent that the depreciation is allowable on goodwill. 1.6 The Ld. AO in its order has also not contested that the depreciation on goodwill is not allowable

M/S. SHRISTI INFRASTRUCTURE DEVELOPMENT CORPORATION LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 11(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Dr. Manish Borad, Am & Shri Sonjoy Sarma, Jm M/S Shristi Infrastructure Dcit, Development Corporation Circle 11(1) Ltd. Aaykar Bhavan, Plot No.X-12 & 3, Block P-7, Chowringhee Vs. Ep, Sector V Salt Lake City, Square, Kolkata700069 Kolkata-700 091 West Bengal West Bengal (Appellant) (Respondent) Pan No. Aabcp5074F Assessee By : Shri Sunil Surna, Ar Revenue By : Shri P.P. Barman, Dr Date Of Hearing: 04.09.2024 Date Of Pronouncement: 30.09.2024

288 - Del HC) -Cyber India Online Ltd. vs ACIT (2014)(42 Taxmann.com 108) 1.5 In light of the above, it is apparent that the depreciation is allowable on goodwill. 1.6 The Ld. AO in its order has also not contested that the depreciation on goodwill is not allowable

D.C.I.T CIR - 4,KOLKATA, KOLKATA vs. M/S TATA TEA LIMITED, KOLKATA

In the result, the appeals in ITA No

Bench: Shri M.Balaganesh & Shri S.S. Viswanethra Ravi

depreciation since the amendment to section 43(6) was introduced in Parliament to show intention of legislature as clearly mentioned in Hon'ble finance Minister's speech in Parliament and accepting the decision will defeat the purpose of legislature. 3. Ground no.1 is relating to deletion of addition of Rs.50,01,369/- made on account of cess of green leaf

INFINITY INFOTECH,KOLKATA vs. DCIT, CIR-2(1), KOLKATA, KOLKATA

In the result the appeal by the assessee is allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am]

Section 80IA(4) under Industrial Parks Scheme. The IT Parks which are operated & maintained by the assessee are substantially leased on short-term basis. However some of the spaces a transferred on long term basis and the premium charged is recognized as "Sale". Since the initial year of operation of IT Parks, the cost of developing IT Parks has always

THE PEERLESS GEN. FIN. & INV. CO. LTD.,KOLKATA vs. DCIT, CIRCLE-3(1), KOLKATA, KOLKATA

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

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

section 119; or (d) the order has not been passed in accordance with any decision which is prejudicial to the assessee, rendered by the jurisdictional High Court or Supreme Court in the case of the assessee or any other person. ". In simple words, following orders passed by assessing officer shall now be considered as erroneous and prejudicial to the interest

PHILIPS INDIA LTD.,KOLKATA vs. PCIT-IV, KOLKATA, KOLKATA

In the result, appeal of the assessee is dismissed

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi] I.T.A. No. 1142/Kol/2016 Assessment Year: 2009-10 Philips India Limited..........……………………………………....………………..…………………….….Appellant Earlier Known As Philips Electronics India Limited 7 No. Justice Chandra Madhab Road Kolkata – 700 020 [Pan : Aabcp 9487 A] Principal Commissioner Of Income Tax - Iv, Kolkata…….............…....................…...Respondent Appearances By: Shri P.J. Pardiwala, Sr. Advocate & Shri Navneet Misra, Advocate, Appeared On Behalf Of The Assessee. Shri Robin Choudhury, Addl. Cit D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : January 10Th, 2019 Date Of Pronouncing The Order : March 27Th, 2019 O R D E R Per J. Sudhakar Reddy :-

depreciation claimed thereon, the assessing authority was bound to consider the Explanation. Simply because the facts have been disclosed by the assessee, it does not give immunity from revisional jurisdiction which the Commissioner can exercise under section 263 and as such even in a case where the facts have been disclosed by the assessee to the assessing authority

JALUIDANGA PASCHIM NASARATPUR SAMABY KRISHI UNNAYAN SAMITY LIMITED,BARDHAMAN, WEST BENGAL vs. INCOME TAX OPPFICER, WARD-1(3), BURDWAN

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

Depreciation allowable 71,141.00 23,26,196.00 Add:Disallowable Expenditure under section 36 of the Income Tax Act 1961 P.F 30,546.00 Provision for Bad & Doubtful debts 38,077.00 Provision for Leave Salary 5,00,000.00 Donation 20,000.00 Gift 18,600,.00 6,07,223.00 Add: Disallowable Expenditure under Section 37 Software purchase being capital 25,000.00 expenditure debited

THE BANK OF TOKYO-MITSUBISHI LIMITED,KOLKATA vs. ADIT, INT. TAX., KOLKATA

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

Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI S. RIFAUR RAHMAN (Accountant Member)

Depreciation allowable 71,141.00 23,26,196.00 Add:Disallowable Expenditure under section 36 of the Income Tax Act 1961 P.F 30,546.00 Provision for Bad & Doubtful debts 38,077.00 Provision for Leave Salary 5,00,000.00 Donation 20,000.00 Gift 18,600,.00 6,07,223.00 Add: Disallowable Expenditure under Section 37 Software purchase being capital 25,000.00 expenditure debited

DCIT, CC-XIX, KOLKATA, KOLKATA vs. M/S INTERNATIONAL CONVEYORS PVT. LTD., KOLKATA

In the result, appeals filed by the revenue in IT(SS)A No

Bench: Dr. A.L.Saini, Am & Shri K. Narasimha Chary, Jm It(Ss)A No.131/Kol/2014 ("नधा"रण वष" / Assessment Year :2008-2009) Dcit, Cc-Xix, Kolkata Vs. M/S.International Conveyors Pvt.Ltd.,10,Middletion Row, Kolkata-700071 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaci 6161 K .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Dcit, Cc-Xix, Kolkata Vs. M/S International Conveyors Pvt.Ltd.,10,Middletion Row, Kolkata-700071 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaci 6161 K .. (अपीलाथ" /Appellant) (""यथ" / Respondent) It(Ss)A No.90/Kol/2014 ("नधा"रण वष" / Assessment Year :2009-2010) Dcit, Cc-Xix, Kolkata Vs. M/S International Conveyors Pvt.Ltd.,10,Middletion Row, Kolkata-700071 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaci 6161 K (अपीलाथ" /Appellant) .. (""यथ" / Respondent) It(Ss)A No.91/Kol/2014 ("नधा"रण वष" / Assessment Year :2010-2011) Dcit, Cc-Xix, Kolkata Vs. M/S International Conveyors Pvt.Ltd.,10,Middletion Row, Kolkata-700071 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaci 6161 K .. (अपीलाथ" /Appellant) (""यथ" / Respondent) It(Ss)A No.92/Kol/2014 ("नधा"रण वष" / Assessment Year :2011-2012) Dcit, Cc-Xix, Kolkata Vs. M/S International Conveyors Pvt.Ltd.,10,Middletion Row, Kolkata-700071 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaci 6161 K .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

depreciation with the business income in determining the quantum of deduction available u/s 80-1A. 3 That on the facts and circumstances of the case and in law the Ld CIT (A) erred in interpreting the provision of section 80-IA(5), specially with regards to the initial Assessment year, since the assessee's option to select the initial

JCIT(OSD), CIRCLE - 10, KOLKATA, KOLKATA vs. STADMED PVT. LTD., KOLKATA

In the result, the appeal of the Revenue is treated as partly allowed for statistical purposes

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

288 ITR 253, he considered the amount of Rs.18,73,680/- received by the assesese as revenue in nature. Accordingly, the said amount was added by him to the total income of the assessee. 4. On appeal, the ld. CIT(Appeals) deleted the addition made by the Assessing Officer on this issue relying, inter alia, on the decision

M/S/ RASHMI METALIKS LTD.,KOLKATA vs. A/DCIT, CC-2(2), KOLKATA, KOLKATA

In the result, appeals of the assessee are allowed

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Shri A.T.Varkey, Jm ]

288 ITR 322 (SC), not applicable; Malabar Industrial Co. Ltd. v. CIT reported in 243 ITR 83, relied on. (Para 72) As regard the third question as to whether the assessment order was passed by the Assessing Officer without application of mind, it was held that the Court has to start with the presumption that the assessment order was regularly

M/S/ RASHMI METALIKS LTD.,KOLKATA vs. A/DCIT, CC-2(2), KOLKATA, KOLKATA

In the result, appeals of the assessee are allowed

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Shri A.T.Varkey, Jm ]

288 ITR 322 (SC), not applicable; Malabar Industrial Co. Ltd. v. CIT reported in 243 ITR 83, relied on. (Para 72) As regard the third question as to whether the assessment order was passed by the Assessing Officer without application of mind, it was held that the Court has to start with the presumption that the assessment order was regularly

M/S/ RASHMI METALIKS LTD.,KOLKATA vs. A/DCIT, CC-2(2), KOLKATA, KOLKATA

In the result, appeals of the assessee are allowed

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Shri A.T.Varkey, Jm ]

288 ITR 322 (SC), not applicable; Malabar Industrial Co. Ltd. v. CIT reported in 243 ITR 83, relied on. (Para 72) As regard the third question as to whether the assessment order was passed by the Assessing Officer without application of mind, it was held that the Court has to start with the presumption that the assessment order was regularly

M/S/ RASHMI METALIKS LTD.,KOLKATA vs. A/DCIT, CC-2(2), KOLKATA, KOLKATA

In the result, appeals of the assessee are allowed

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Shri A.T.Varkey, Jm ]

288 ITR 322 (SC), not applicable; Malabar Industrial Co. Ltd. v. CIT reported in 243 ITR 83, relied on. (Para 72) As regard the third question as to whether the assessment order was passed by the Assessing Officer without application of mind, it was held that the Court has to start with the presumption that the assessment order was regularly

DCIT, CIRCLE-3(1), KOLKATA, KOLKATA vs. SHRI RAMESH PRASAD SAO, KOLKATA

In the result, all the appeals of the revenue are dismissed

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.1875, 1300 & 1299/Kol/2019 ("नधा"रणवष" / Assessment Years:2016-17, 2015-16 & 2012-13)

288 ITR 1. 1 may clarify that the decision in Thakur Prasad Sao And Sons Pvt. Ltd. was on the provisions of Sections 36 & 37 of the Income-tax Act, 1961. There is no doubt that Corporate Social Responsibility is very much a business expenditure and come within the realm of Sections 36 and 37 of the Income

D.C.I.T.,CIRCLE-3(1), KOLKATA vs. SHRI RAMESH PRASAD SAO, KOLKATA

In the result, all the appeals of the revenue are dismissed

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.1875, 1300 & 1299/Kol/2019 ("नधा"रणवष" / Assessment Years:2016-17, 2015-16 & 2012-13)

288 ITR 1. 1 may clarify that the decision in Thakur Prasad Sao And Sons Pvt. Ltd. was on the provisions of Sections 36 & 37 of the Income-tax Act, 1961. There is no doubt that Corporate Social Responsibility is very much a business expenditure and come within the realm of Sections 36 and 37 of the Income

DCIT, CIRCLE-3(1), KOLKATA, KOLKATA vs. SHRI RAMESH PRASAD SAO, KOLKATA

In the result, all the appeals of the revenue are dismissed

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.1875, 1300 & 1299/Kol/2019 ("नधा"रणवष" / Assessment Years:2016-17, 2015-16 & 2012-13)

288 ITR 1. 1 may clarify that the decision in Thakur Prasad Sao And Sons Pvt. Ltd. was on the provisions of Sections 36 & 37 of the Income-tax Act, 1961. There is no doubt that Corporate Social Responsibility is very much a business expenditure and come within the realm of Sections 36 and 37 of the Income