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571 results for “depreciation”+ Section 40clear

Sorted by relevance

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Key Topics

Section 143(3)96Section 14A62Section 80I55Disallowance54Addition to Income52Depreciation45Section 115J37Deduction35Section 25032Section 148

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

In the result, the appeal of the assessee is allowed

ITA 277/KOL/2016[2010-2011]Status: DisposedITAT Kolkata29 Jul 2016AY 2010-2011

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

Section 131Section 133ASection 143(3)Section 145(3)Section 263Section 40

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

Showing 1–20 of 571 · Page 1 of 29

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31
Section 4028
Section 14720

ORIENT PAPER & INDUSTRIES LIMITED,KOLKATA vs. J.C.I.T RANGE - 6,KOLKATA, KOLKATA

In the result, the appeal in ITA 430/Kol/2013 of assessee is partly allowed and appeal in ITA 648/Kol/2013 of the revenue is dismissed

ITA 430/KOL/2013[2009-10]Status: DisposedITAT Kolkata10 Aug 2016AY 2009-10

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

For Appellant: Shri Asim Chaudhury, ld.ARFor Respondent: Shri Niraj Kumar, CIT, ld.Sr.DR
Section 143(3)Section 14A

40(a)(ia) is found to be not sustainable by the AO in the year under consideration. The question of allowing deduction for A.Y 2012-13 as directed by CIT-A would not arise. Ground no. 2 raised by the assessee is allowed for statistical purposes. 13. The additional ground raised by the assessee is that an amount of Rs.767

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

ITA 1864/KOL/2012[2009-10]Status: DisposedITAT Kolkata15 Sept 2015AY 2009-10

Bench: Shri Mahavir Singh & Shri M. Balaganesh

Section 143(3)Section 194ISection 40

40 of 56 Settlement & Appellate Tribunal (TDSAT) New Delhi in Petition No. 252 of 2011 (M.A. No. 160 of 2011) dated 12.4.2012 between Cellular Operators Association of India & Ors (petitioner) vs Department of Telecommunication & Anr. (Respondent), wherein it has been stated as below:- “Para 16: Section 20 of Indian Telegraph Act provides for penalties. Section 20A provides for penalties

DCIT,CC-VII, KOLKATA, KOLKATA vs. M/S SALTEE INFRASTRUCTURE LTD., KOLKATA

Appeal is dismissed

ITA 856/KOL/2014[2009-2010]Status: DisposedITAT Kolkata22 Mar 2017AY 2009-2010

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

Section 143(3)Section 147Section 148Section 194JSection 40

depreciation u/s 32 of the Act is covered u/s 40(a)(ia) of the Act. The provisions of Section 40

WEST BENGAL STATE ELECTRICITY DISTRIBUTION CO. LTD.,KOLKATA vs. THE DCIT, CIR-2, KOLKATA, KOLKATA

In the result, both the appeals of the assessee are allowed while both the appeals of the revenue are dismissed

ITA 871/KOL/2015[2010-2011]Status: DisposedITAT Kolkata31 Oct 2017AY 2010-2011

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm ] I.T.A. No. 871 & 872/Kol/2015 Assessment Year 2010-11 & 2011-12 West Bengal State Electricity Distribution Co. Ltd. ...........................Appellant Bidyut Bhawan, Sector – Ii, Block Dj, Bidhan Nagar, Kolkata – 700 091 [Pan: Aaacw6953H] Dcit, Circle 2(2) Kolkata,...................…………………………………………Respondent Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata - 700069 I.T.A. No. 1001 & 1002/Kol/2015 Assessment Year 2010-11 & 2011-12 Dcit, Circle 2(2) Kolkata,...................…………………………………………Appellant Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata - 700069 West Bengal State Electricity Distribution Co. Ltd. ....................Respondent Bidyut Bhawan, Sector – Ii, Block Dj, Bidhan Nagar, Kolkata – 700 091 [Pan: Aaacw6953H] Appearances By: Shri Anand R. Baiwar, Cit Appearing On Behalf Of The Revenue. Shri N.K. Poddar, Sr. Advocate Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : September 12, 2017 Date Of Pronouncing The Order : October 31, 2017 Order Shri P.M. Jagtap, Am These Four Appeals, Two Filed By The Assessee Being Ita No. 871 & 872/Kol/2015 & Two Filed By The Revenue Being Ita No. 1001 & 1002/Kol/2015, Are Cross-Appeals Which Are Directed Against Two

Section 2Section 32(1)(iia)

depreciation under section 32(1)(iia). Ground no 1 & 2 of the assessee’s appeal for A.Y. 2011-12 are accordingly allowed. 10. The common issue involved in ground no 3 of the assessee’s appeal for A.Y. 2010-11 and ground no 1 of the revenue’s appeal for A.Y. 2010-11 relates to the disallowance

DCIT, CIR-2(2), KOLKATA, KOLKATA vs. M/S WEST BENGAL STATE ELECTRICITY DISTRIBUTION CO. LTD., KOLKATA

In the result, both the appeals of the assessee are allowed while both the appeals of the revenue are dismissed

ITA 1002/KOL/2015[2011-2012]Status: DisposedITAT Kolkata31 Oct 2017AY 2011-2012

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm ] I.T.A. No. 871 & 872/Kol/2015 Assessment Year 2010-11 & 2011-12 West Bengal State Electricity Distribution Co. Ltd. ...........................Appellant Bidyut Bhawan, Sector – Ii, Block Dj, Bidhan Nagar, Kolkata – 700 091 [Pan: Aaacw6953H] Dcit, Circle 2(2) Kolkata,...................…………………………………………Respondent Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata - 700069 I.T.A. No. 1001 & 1002/Kol/2015 Assessment Year 2010-11 & 2011-12 Dcit, Circle 2(2) Kolkata,...................…………………………………………Appellant Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata - 700069 West Bengal State Electricity Distribution Co. Ltd. ....................Respondent Bidyut Bhawan, Sector – Ii, Block Dj, Bidhan Nagar, Kolkata – 700 091 [Pan: Aaacw6953H] Appearances By: Shri Anand R. Baiwar, Cit Appearing On Behalf Of The Revenue. Shri N.K. Poddar, Sr. Advocate Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : September 12, 2017 Date Of Pronouncing The Order : October 31, 2017 Order Shri P.M. Jagtap, Am These Four Appeals, Two Filed By The Assessee Being Ita No. 871 & 872/Kol/2015 & Two Filed By The Revenue Being Ita No. 1001 & 1002/Kol/2015, Are Cross-Appeals Which Are Directed Against Two

Section 2Section 32(1)(iia)

depreciation under section 32(1)(iia). Ground no 1 & 2 of the assessee’s appeal for A.Y. 2011-12 are accordingly allowed. 10. The common issue involved in ground no 3 of the assessee’s appeal for A.Y. 2010-11 and ground no 1 of the revenue’s appeal for A.Y. 2010-11 relates to the disallowance

WEST BENGAL STATE ELECTRICITY DISTRIBUTION CO. LTD.,KOLKATA vs. THE DCIT, CIR-2, KOLKATA, KOLKATA

In the result, both the appeals of the assessee are allowed while both the appeals of the revenue are dismissed

ITA 872/KOL/2015[2011-2012]Status: DisposedITAT Kolkata31 Oct 2017AY 2011-2012

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm ] I.T.A. No. 871 & 872/Kol/2015 Assessment Year 2010-11 & 2011-12 West Bengal State Electricity Distribution Co. Ltd. ...........................Appellant Bidyut Bhawan, Sector – Ii, Block Dj, Bidhan Nagar, Kolkata – 700 091 [Pan: Aaacw6953H] Dcit, Circle 2(2) Kolkata,...................…………………………………………Respondent Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata - 700069 I.T.A. No. 1001 & 1002/Kol/2015 Assessment Year 2010-11 & 2011-12 Dcit, Circle 2(2) Kolkata,...................…………………………………………Appellant Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata - 700069 West Bengal State Electricity Distribution Co. Ltd. ....................Respondent Bidyut Bhawan, Sector – Ii, Block Dj, Bidhan Nagar, Kolkata – 700 091 [Pan: Aaacw6953H] Appearances By: Shri Anand R. Baiwar, Cit Appearing On Behalf Of The Revenue. Shri N.K. Poddar, Sr. Advocate Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : September 12, 2017 Date Of Pronouncing The Order : October 31, 2017 Order Shri P.M. Jagtap, Am These Four Appeals, Two Filed By The Assessee Being Ita No. 871 & 872/Kol/2015 & Two Filed By The Revenue Being Ita No. 1001 & 1002/Kol/2015, Are Cross-Appeals Which Are Directed Against Two

Section 2Section 32(1)(iia)

depreciation under section 32(1)(iia). Ground no 1 & 2 of the assessee’s appeal for A.Y. 2011-12 are accordingly allowed. 10. The common issue involved in ground no 3 of the assessee’s appeal for A.Y. 2010-11 and ground no 1 of the revenue’s appeal for A.Y. 2010-11 relates to the disallowance

DCIT, CIR-2(2), KOLKATA, KOLKATA vs. M/S WEST BENGAL STATE ELECTRICITY DISTRIBUTION CO. LTD., KOLKATA

In the result, both the appeals of the assessee are allowed while both the appeals of the revenue are dismissed

ITA 1001/KOL/2015[2010-2011]Status: DisposedITAT Kolkata31 Oct 2017AY 2010-2011

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm ] I.T.A. No. 871 & 872/Kol/2015 Assessment Year 2010-11 & 2011-12 West Bengal State Electricity Distribution Co. Ltd. ...........................Appellant Bidyut Bhawan, Sector – Ii, Block Dj, Bidhan Nagar, Kolkata – 700 091 [Pan: Aaacw6953H] Dcit, Circle 2(2) Kolkata,...................…………………………………………Respondent Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata - 700069 I.T.A. No. 1001 & 1002/Kol/2015 Assessment Year 2010-11 & 2011-12 Dcit, Circle 2(2) Kolkata,...................…………………………………………Appellant Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata - 700069 West Bengal State Electricity Distribution Co. Ltd. ....................Respondent Bidyut Bhawan, Sector – Ii, Block Dj, Bidhan Nagar, Kolkata – 700 091 [Pan: Aaacw6953H] Appearances By: Shri Anand R. Baiwar, Cit Appearing On Behalf Of The Revenue. Shri N.K. Poddar, Sr. Advocate Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : September 12, 2017 Date Of Pronouncing The Order : October 31, 2017 Order Shri P.M. Jagtap, Am These Four Appeals, Two Filed By The Assessee Being Ita No. 871 & 872/Kol/2015 & Two Filed By The Revenue Being Ita No. 1001 & 1002/Kol/2015, Are Cross-Appeals Which Are Directed Against Two

Section 2Section 32(1)(iia)

depreciation under section 32(1)(iia). Ground no 1 & 2 of the assessee’s appeal for A.Y. 2011-12 are accordingly allowed. 10. The common issue involved in ground no 3 of the assessee’s appeal for A.Y. 2010-11 and ground no 1 of the revenue’s appeal for A.Y. 2010-11 relates to the disallowance

A.C.I.T CIR - 30,KOLKATA, KOLKATA vs. M/S BELLS ADVERTISING SYNDICATES, KOLKATA

In the result, the appeal of the Revenue is dismissed

ITA 395/KOL/2013[2007-08]Status: DisposedITAT Kolkata10 Feb 2016AY 2007-08

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

Section 194CSection 40

Section 40(a)(ia) are applicable only to the amounts of expenditure which are payable as on 31st March of every year and it cannot be invoked to disallow expenditure which has actually been paid during the previous year without deduction of TDS. In the instant case, there was no such amount payable as on 31st March 2007 and hence

M/S RECKITT BENCKISER (I) LTD.,KOLKATA vs. JCIT, R-12, KOLKATA, KOLKATA

In the result, both the appeals of the assessee are partly allowed while both the appeals of the revenue are dismissed

ITA 1671/KOL/2008[2003-2004]Status: DisposedITAT Kolkata25 May 2016AY 2003-2004

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

Section 40

section 40A(i). On appeal, the ld. CIT(Appeals) confirmed the said disallowance made by the Assessing Officer for the same reasons as given by the Assessing Officer. I.T.A. Nos. 1671/KOL./2008 & 1024/KOL/2009 Assessment years: 2003-2004 & 2004-2005 & I.T.A. Nos. 1699/KOL/2008 & 973/KOL/2009 Assessment years: 2003-2004 & 2004-2005 Page 28 of 34 39. We have heard the arguments

ACIT, CIRCLE - 1, ASANSOL, ASANSOL vs. ASHIRBAD REAL ESTATE & TRANSPORT PVT. LTD., ASANSOL

In the result, the cross objection of the assessee in CO 1/2012 is dismissed and revenue appeal in ITA No

ITA 1591/KOL/2011[2008-09]Status: DisposedITAT Kolkata18 Sept 2015AY 2008-09

Bench: Shri Mahavir Singh, Jm & Shri M.Balaganesh, Am] Assessment Year : 2008-09 (Appellant ) (Respondent) A.C.I.T., Circle-1, -Versus- Ashirbad Real Estate & Asansol Transport Pvt.Ltd. Burdwan (Pan:Aaeca 8075 C) C.O.No.1/Kol/2012 A/O Ita No.1591/Kol/2011 Assessment Year : 2008-09 Ashirbad Real Estate & -Versus- A.C.I.T., Circle-1, Transport Pvt.Ltd., Burdwan Asansol (Pan Aaeca 8075 C) (Cross Objector) (Respondent) For The Appellant : Shri S.S.Alam, Cit (Dr) For The Respondent : Shri Aravind Agarwal, Advocate Date Of Hearing : 10.09.2015. Date Of Pronouncement : 18.09.2015. Order Per Shri M.Balaganesh, Am 1. This Appeal Of The Revenue & Cross Objection Of The Assessee Arises Out Of The Order Of The Learned Cit(A) In Appeal No142/Cit(A)/Asl/Range-1/Asl/10-11 Dated 27.09.2011 For The Asst Year 2008-09 Arising Out Of The Order Of The Learned Assessing Officer Framed U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’).

For Appellant: Shri S.S.Alam, CIT (DR)For Respondent: Shri Aravind Agarwal, Advocate
Section 143(3)Section 271CSection 40

section 40(8) was inserted by the Finance No. 2) Act, 2004, even though the Finance Act, 2012 had not specifically stated that proviso is retrospective in nature. The High Court affirmed the ratio laid down by The Agra Tribunal and held that said proviso is declaratory and curative in nature and has retrospective effect from 1st April, 2005. Respectfully

V.N.G.MERCANTILE PRIVATE LIMITED,KOLKATA vs. I.T.O WD - 5(4),KOLKATA, KOLKATA

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

ITA 2332/KOL/2013[2005-06]Status: DisposedITAT Kolkata26 Apr 2017AY 2005-06

Bench: Him. The Ld. Cit(A) Has Erred In Confirming The Action Of The Ld.Ao. 4. For That In The Facts & Circumstances Of The Case, The Ld. Ao Has Erred In Disallowing Entire Administrative Expense Amounting To Rs.2,99,255/- While Passing The Assessment Order. The Ld. Cit(A) Has Erred In Confirming The Action Of The Ld.Ao. 5. For That The Appellant Craves Leave To Add, Alter, Delete All Or Any Grounds Of Appeal At The Time Of Hearing.

Section 142(1)Section 144Section 74

section 40(a)(ia) of the Finance Act 2004 is not applicable to issue in hand. Accordingly, the addition made by AO and confirmed by CIT-A is deleted and ground no.3 raised by the assessee is allowed. 16. Ground no.4 is challenging the order of CIT-A confirming the disallowance of Rs.2,99,255/- made on account of administrative

SHRI HRIBU BOSE,ASANSOL vs. I.T.O, WARD-1(2), ASANSOL, ASANSOL

In the result, the appeal filed by the assessee in ITA

ITA 2214/KOL/2013[2009-10]Status: DisposedITAT Kolkata30 Sept 2016AY 2009-10

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

Section 194Section 40Section 68

section 40(a)(ia) is or cannot be any exception. The same in fact is a statutory disallowance, artificially inflating the assessee-payer's income for the time being, which is liable to be allowed as deduction upon complying with the condition prescribed for its non applicability, i.e., of the deposit of TDS to the credit of the payee

LMJ INTERNATIONAL LTD.,KOLKATA vs. D.C.I.T CIR - 8,KOLKATA, KOLKATA

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

ITA 230/KOL/2013[2009-10]Status: DisposedITAT Kolkata21 Mar 2018AY 2009-10

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

Section 80I

40(a)(a) on account of ocean freight to the extent of Rs.28.24 crores. The deletion of disallowance by the ld. CIT(Appeals) to the extent of balance amount of Rs.1.40 crores going to Indian beneficiaries by relying on the decision of the Special Bench of ITAT in the case of Merlin Shipping & Transporters (supra), however, is not justified

DHARAM CHAND CHAUDHRY,KOLKATA vs. DCIT, CIRCLE - 33, KOLKATA, KOLKATA

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

ITA 1220/KOL/2011[2007-08]Status: DisposedITAT Kolkata15 Oct 2015AY 2007-08

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

For Appellant: Md. Ghayas Uddin, JCIT, Sr. DRFor Respondent: Dr. Bishnu Sankar Kundu, FCA
Section 143(3)Section 194ASection 194CSection 40

section 40(a)(i) either – as alternatively suggested by the authorities below. We, accordingly, direct the Assessing Officer to delete the impugned disallowances. The assessee gets the relief accordingly.” We find that this issue is now covered in favour of assessee and against the revenue wherein the payments are made by assessee to Indian Agents of foreign airlines

EXIDE INDUSTRIES LIMITED,KOLKATA vs. ADDL. CIT, RANGE - 1, KOLKATA, KOLKATA

In the result, the appeal of the assessee for A

ITA 189/KOL/2007[2003-04]Status: DisposedITAT Kolkata20 Jan 2016AY 2003-04

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

Section 40Section 90(2)

40(a)(i). Ground No. 1 is accordingly allowed. I.T.A. No. 189/KOL./2007 Assessment year: 2003-2004 & I.T.A. No. 1414/KOL/2007 Assessment Year : 2004-2005 Page 4 of 22 7. The issue raised in Ground No. 2 relates to the disallowance of Rs.17.65 crores made by the Assessing Officer and confirmed by the ld. CIT(Appeals) on account of provision made

EIH LIMITED,KOLKATA vs. DCIT, CIRCLE - 8, KOLKATA, KOLKATA

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

ITA 314/KOL/2011[2006-07]Status: DisposedITAT Kolkata01 Jun 2016AY 2006-07

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

For Respondent: Shri Vijay Shankar, CIT, DR
Section 143(3)Section 195Section 40Section 9(1)(vii)

section 40(a)(ia) of the Act and disallowed the said sum in the assessment order. The assessee submitted that the Ld. AO came across the details of commission payment while checking the unit wise liability for expenses for the relevant year. The details submitted during the assessment proceedings did not provide for the tax withholding from the above payments

DCIT, CIRCLE - 8, KOLKATA, KOLKATA vs. M/S. EIH LIMITED, KOLKATA

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

ITA 348/KOL/2011[2006-07]Status: DisposedITAT Kolkata01 Jun 2016AY 2006-07

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

For Respondent: Shri Vijay Shankar, CIT, DR
Section 143(3)Section 195Section 40Section 9(1)(vii)

section 40(a)(ia) of the Act and disallowed the said sum in the assessment order. The assessee submitted that the Ld. AO came across the details of commission payment while checking the unit wise liability for expenses for the relevant year. The details submitted during the assessment proceedings did not provide for the tax withholding from the above payments

ACIT, CIRCLE - 2(2), KOLKATA, KOLKATA vs. M/S. WEST BENGAL STATE ELECTRICITY DISTRIBUTION CO. LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed, while the appeal of the assessee is allowed

ITA 386/KOL/2018[2012-13]Status: DisposedITAT Kolkata31 Dec 2019AY 2012-13

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

Section 14ASection 32(1)(iia)

depreciation under section 32(1)(iia). Ground no 1 & 2 of the assessee’s appeal for A.Y. 2011- 12 are accordingly allowed”. 4. It is also observed that the issue relating to the deletion by the ld. CIT(Appeals) of the addition made by the Assessing Officer on account of ERPC charges was also decided by the Tribunal dated October

WEST BENGAL STATE ELECTRICITY DISTRIBUTION CO. LTD.,KOLKATA vs. DCIT, CIRCLE - 2(2), KOLKATA , KOLKATA

In the result, the appeal of the Revenue is dismissed, while the appeal of the assessee is allowed

ITA 150/KOL/2018[2012-13]Status: DisposedITAT Kolkata31 Dec 2019AY 2012-13

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

Section 14ASection 32(1)(iia)

depreciation under section 32(1)(iia). Ground no 1 & 2 of the assessee’s appeal for A.Y. 2011- 12 are accordingly allowed”. 4. It is also observed that the issue relating to the deletion by the ld. CIT(Appeals) of the addition made by the Assessing Officer on account of ERPC charges was also decided by the Tribunal dated October