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107 results for “depreciation”+ Section 40A(2)clear

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Key Topics

Section 143(3)90Disallowance71Addition to Income64Section 4047Section 14A42Section 115J40Deduction39Section 40A(3)37Depreciation33Section 80I

MEGA ENGINEERS & BUILDERS,PORT BLAIR vs. DCIT, CIR. 3(2) , PORT BLAIR

In the result, the appeal of assessee is allowed

ITA 312/KOL/2024[2017-18]Status: DisposedITAT Kolkata09 Oct 2024AY 2017-18

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

Section 194C

depreciation of the said car. Considering these facts and ratio laid down, we are inclined to set aside the order of Ld. CIT(A) and direct the AO to delete the addition. 6 I.T.A. No.312/Kol/2024 Assessment Year: 2017-18 Mega Engineers & Builders 10. Issue raised in ground no. 3 is against the confirmation of addition

M/S. VODAFONE ESSAR EAST LIMITED,KOLKATA vs. ACIT, CIRCLE - 7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 673/KOL/2011[2007-08]Status: DisposedITAT Kolkata15 Dec 2017AY 2007-08

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Showing 1–20 of 107 · Page 1 of 6

32
Section 26329
Limitation/Time-bar17
Section 115
Section 115J
Section 143(3)
Section 80I

2. Assessing Officer has followed theism order of A.Y 2003-04 and has allowed depreciation at a rate of 25% instead of 60%. The rate of depreciation was decided in AY 2003-04 on the basis of submission of insufficient details in respect of the nature of the asst under dispute. The appeal against the order

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. JCIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 356/KOL/2009[2004-05]Status: DisposedITAT Kolkata15 Dec 2017AY 2004-05

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

2. Assessing Officer has followed theism order of A.Y 2003-04 and has allowed depreciation at a rate of 25% instead of 60%. The rate of depreciation was decided in AY 2003-04 on the basis of submission of insufficient details in respect of the nature of the asst under dispute. The appeal against the order

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. ADDL. CIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 357/KOL/2009[2005-06]Status: DisposedITAT Kolkata15 Dec 2017AY 2005-06

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

2. Assessing Officer has followed theism order of A.Y 2003-04 and has allowed depreciation at a rate of 25% instead of 60%. The rate of depreciation was decided in AY 2003-04 on the basis of submission of insufficient details in respect of the nature of the asst under dispute. The appeal against the order

DCIT, CIRCLE - 7, KOLKATA, KOLKATA vs. VODAFONE ESSAR EAST LIMITED, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 482/KOL/2010[2006-07]Status: DisposedITAT Kolkata15 Dec 2017AY 2006-07

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

2. Assessing Officer has followed theism order of A.Y 2003-04 and has allowed depreciation at a rate of 25% instead of 60%. The rate of depreciation was decided in AY 2003-04 on the basis of submission of insufficient details in respect of the nature of the asst under dispute. The appeal against the order

ACIT, CIRCLE - 7, KOLKATA vs. HUTCHISON TELECOM EAST LIMITED, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 343/KOL/2009[2004-05]Status: DisposedITAT Kolkata15 Dec 2017AY 2004-05

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

2. Assessing Officer has followed theism order of A.Y 2003-04 and has allowed depreciation at a rate of 25% instead of 60%. The rate of depreciation was decided in AY 2003-04 on the basis of submission of insufficient details in respect of the nature of the asst under dispute. The appeal against the order

M/S. VODAFONE ESSAR EAST LIMITED,KOLKATA vs. ACIT, CIRCLE - 7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 485/KOL/2010[2006-07]Status: DisposedITAT Kolkata15 Dec 2017AY 2006-07

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

2. Assessing Officer has followed theism order of A.Y 2003-04 and has allowed depreciation at a rate of 25% instead of 60%. The rate of depreciation was decided in AY 2003-04 on the basis of submission of insufficient details in respect of the nature of the asst under dispute. The appeal against the order

ACIT, CIRCLE - 7, KOLKATA vs. VODAFONE ESSAR EAST LTD., KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 377/KOL/2009[2005-06]Status: DisposedITAT Kolkata15 Dec 2017AY 2005-06

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

2. Assessing Officer has followed theism order of A.Y 2003-04 and has allowed depreciation at a rate of 25% instead of 60%. The rate of depreciation was decided in AY 2003-04 on the basis of submission of insufficient details in respect of the nature of the asst under dispute. The appeal against the order

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

ITA 431/KOL/2012[2008-2009]Status: DisposedITAT Kolkata15 Dec 2017AY 2008-2009

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

2. Assessing Officer has followed theism order of A.Y 2003-04 and has allowed depreciation at a rate of 25% instead of 60%. The rate of depreciation was decided in AY 2003-04 on the basis of submission of insufficient details in respect of the nature of the asst under dispute. The appeal against the order

M/S. EVEREADY INDUSTRIES INDIA LTD.,KOLKATA vs. PR.CIT-4, KOLKATA

In the result, the appeal of the assessee stands allowed

ITA 805/KOL/2019[2014-15]Status: DisposedITAT Kolkata13 Dec 2019AY 2014-15

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

Section 143(3)Section 14ASection 263

depreciation claimed 7. Large value sale of consideration of property in ITR is less than sale consideration of property reported in TDS return under section 194IA 8. Mismatch in sales turnover reported in Audit Report and ITR 9. Mismatch in amount paid to related persons u/s 40A(2

DCIT, CIR-10(1), KOLKATA, KOLKATA vs. M/S. LUCKY GOLD STAR COMPANY LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

ITA 1381/KOL/2016[2012-13]Status: DisposedITAT Kolkata20 Apr 2018AY 2012-13

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

Section 143(3)Section 2(24)(x)Section 36(1)(va)Section 37

Depreciation etc (Note 23) and Administrative & Selling & Distribution expenses (Note 24) which aggregates to ₹2,06,51,871/-. As such, the disallowance of indirect expenses aggregating to ₹2,06,51,871/- as per Note 21 to 24 is not sustainable being unfounded. As regards the application of the provisions of section 37 of Income Tax Act, 1961 I find that

DCIT, CIR-10(1), KOLKATA, KOLKATA vs. M/S. LUCKY GOLD STAR COMPANY LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

ITA 1382/KOL/2016[2013-14]Status: DisposedITAT Kolkata20 Apr 2018AY 2013-14

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

Section 143(3)Section 2(24)(x)Section 36(1)(va)Section 37

Depreciation etc (Note 23) and Administrative & Selling & Distribution expenses (Note 24) which aggregates to ₹2,06,51,871/-. As such, the disallowance of indirect expenses aggregating to ₹2,06,51,871/- as per Note 21 to 24 is not sustainable being unfounded. As regards the application of the provisions of section 37 of Income Tax Act, 1961 I find that

ANJALI JEWELLERS PVT. LTD.,KOLKATA vs. CIT, KOLKATA-IV, KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

ITA 2252/KOL/2014[2010-2011]Status: DisposedITAT Kolkata18 Mar 2016AY 2010-2011

Bench: Shri Mahavir Singh & Shri Waseem Ahmedassessment Year :2010-11

Section 143(3)Section 194CSection 263Section 40A(2)

40A(2) be held unsustainable as the said Section has no application in respect of income received from related party but applies only for disallowance of excessive expenditure. 7. For that on the facts and in the circumstances of the case, the order of the CIT directing AO to examine melting loss of gold be held to be unsustainable

D.C.I.T CIR - 3,KOLATA, KOLKATA vs. M/S MANTORA OIL PRODUCTS LTD, KOLKATA

In the result, assessee’s appeal stands allowed

ITA 2252/KOL/2013[2004-05]Status: DisposedITAT Kolkata18 Mar 2016AY 2004-05

Bench: Shri Mahavir Singh & Shri Waseem Ahmedassessment Year :2010-11

Section 143(3)Section 194CSection 263Section 40A(2)

40A(2) be held unsustainable as the said Section has no application in respect of income received from related party but applies only for disallowance of excessive expenditure. 7. For that on the facts and in the circumstances of the case, the order of the CIT directing AO to examine melting loss of gold be held to be unsustainable

DCIT, CIR-10(1), KOLKATA, KOLKATA vs. M/S MAA AMBA INFRASTRUCTURE (P) LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 1309/KOL/2015[2012-2013]Status: DisposedITAT Kolkata23 Mar 2018AY 2012-2013

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1309/Kol/2015 Assessment Year : 2012-13 Dcit, Circle-10(1), Kolkata -Vs- M/S Maa Amba Infrastructure (P) Ltd. [Pan: Aaecm 6507 F] (Appellant) (Respondent)

For Appellant: Shri Saurabh Kumar, Addl. CIT Sr. DRFor Respondent: Shri Akkal Dudhewala, AR
Section 143(3)Section 22

section 40A(2) of the Act. There is no evidence to prove that the impugned transaction of payment of commission was prompted by consideration of tax avoidance. On the contrary, the evidences suggest that the payee had suffered taxes on the said commission income at maximum marginal rate and had also derived commission income of Rs 16.12 crores which admittedly

SRIMANTA KUMAR SHIT,PURBA MEDINAPORE vs. A.C.I.T., CIRCLE - 27(2), HALDIA

In the result, the appeal of the assessee is allowed

ITA 1911/KOL/2024[2017-2018]Status: DisposedITAT Kolkata19 Nov 2024AY 2017-2018

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumari.T.A. No. 1911/Kol/2024 Assessment Year: 2017-2018 Srimanta Kumar Shit,………………...…………Appellant Rangamalaput, Junput-Contai, Purba Medinapore-721450, West Bengal [Pan:Bffps3635Q] -Vs.- Assistant Commissioner Of Income Tax..…Respondent Circle-27(2), Haldia, Basudebpur, Talpukur, Khanjan Chak, Haldia, Midnapore-721101, W.B. Appearances By: Shri S.K. Tulsiyan, Advocate & Lata Goyal, Ca, Appeared On Behalf Of The Assessee Shri Subhendu Datta, Cit, D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : October 22, 2024 Date Of Pronouncing The Order : November 19, 2024 O R D E R

Section 133(6)Section 142(1)Section 143(2)Section 143(3)Section 144Section 250Section 56(2)(vii)Section 69A

depreciation Addition on account of sundry Rs. 12,55,30,136/- creditors 3 Srimanta Kumar Shit Addition u/s 56(2)(vii)(b)(ii) of the Rs.29,68,865/- Act Addition on account of Fixed Rs.2,46,573/- deposit u/s 69A 6. Being aggrieved, the assessee filed an appeal before the Ld. CIT(A) on 30.01.2020 which was disposed

RADHEYSHYAM GUPTA,KOLKATA vs. PCIT-9, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 187/KOL/2022[2017-18]Status: DisposedITAT Kolkata09 Sept 2022AY 2017-18

Bench: : Sri Rajpal Yadav & Sri Manish Boradआयकर अपील सं"या/ I.T.A. No. 187/कोल/2022 "नधा"रण वष"/Assessment Year: 2017-18 Radheyshyam Gupta...…………............... (अपीलाथ"/Appellant [Pan: Adjpg 3274 G] Vs. Pcit-9, Kolkata........................................(""यथ")/Respondent Appearances By: Sh. S.K. Tulsiyan, Adv. & Smt. Puja Somani, Ca, Appeared On Behalf Of The Assessee. Md. Ghayas Uddin, Cit, (D/R), Appeared On Behalf Of The Revenue. सुनवाई क" "त"थ/ Date Of The Hearing : July 19Th, 2022 Date Of Pronouncing The Order : Sept 09Th, 2022 Order Per Manish Borad: This Appeal Filed By The Assessee Pertaining To The Assessment Year (In Short “Ay”) 2017-18 Is Directed Against The Order Passed U/S 263 Of The Income Tax Act, 1961 (In Short The “Act”) By Ld. Pr. Commissioner Of Income-Tax-9, Kolkata [In Short

Section 143(2)Section 143(3)Section 263Section 40A(3)

depreciation was claimed in excess has not been undertaken by the PCIT. 12. Mr. Ashesh Jain then volunteered that the PCIT had exercised [he second option available to him under section 263 (1) of the Act by sending the entire matter back to the AO for afresh assessment. That option, in the considered view of the Court, can be exercised

DCIT, CENTRAL CIR. VI, KOLKATA vs. M/S J.K. LAKSHMI CEMENT LTD., KOLKATA

In the result, assessee’s CO is partly allowed

ITA 611/KOL/2013[2009-2010]Status: DisposedITAT Kolkata26 May 2017AY 2009-2010

Bench: Shri Waseem Ahmed & Shri Partha Sarathi Chowdhury

Section 142(1)Section 143(3)Section 263Section 32

depreciation to be allowed for unlimited years. It is a fact that the amendment in section 32(2) by the Finance Act will be effective from 1st April 2002, but intention behind the amendment could only be interpreted as if it has the effect retrospectively. In addition to above we also find that the Hon'ble jurisdictional High Court

ITO, WARD - 1(3), KOLKATA, KOLKATA vs. M/S. GKW LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 459/KOL/2012[1996-97]Status: DisposedITAT Kolkata05 Apr 2017AY 1996-97

Bench: Shri N. V. Vasudevan & Shri M. Balaganesh, I.T.A. No. 459/Kol/2012 Assessment Years: 1996-97

Section 143(3)Section 37Section 40A(3)

40A(3) of the Income Tax Act., 1961. 3.2. We have heard the rival submissions. We do not find any infirmity in the order of the ld CIT(A) deleting the double disallowance made by the ld AO. Hence the Ground No.1 raised by the revenue is dismissed. 4. The next issue to be decided in this appeal

DCIT, CIRCLE - 6,, KOLKATA vs. LOKNATH SARAF SECURITIES LTD.,, KOLKATA

In the result, to sum up ITA No

ITA 852/KOL/2008[2003-04]Status: DisposedITAT Kolkata08 Jul 2016AY 2003-04

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

Section 43(5)Section 73

depreciation or capital expenditure on scientific research, the provisions of sub-section (2) of section 72 shall apply in relation to speculation business as they apply in relation to any other business. (4) No loss shall be carried forward under this section for more than eight assessment years immediately succeeding the assessment year for which the loss was first computed