AMBO AGRO PRODUCTS LTD.,KOLKATA vs. THE PCIT, KOLKATA-1, KOLKATA

In the result, appeal of assessee is allowed

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

depreciation is allowed. There is difference in the mode of computation of 14 Ambo Agro Products Ltd., AY 2009-10 capital gains for a ‘slump sale’ u/s. 50B of the Act. In the case of slump sale, the net worth has to be computed in terms of explanation 1 to section 50B and it is a special provision for computation

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

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

Section 32 and also the decisions of Supreme Court in the cases of National Thermal Power Co. Ltd Vs CIT (supra), I am of the considered view that the further claim of additional depreciation of Rs.13,39,47

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

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

Section 32 and also the decisions of Supreme Court in the cases of National Thermal Power Co. Ltd Vs CIT (supra), I am of the considered view that the further claim of additional depreciation of Rs.13,39,47

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

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

Section 32 and also the decisions of Supreme Court in the cases of National Thermal Power Co. Ltd Vs CIT (supra), I am of the considered view that the further claim of additional depreciation of Rs.13,39,47

M.M. EXPORTS,KOLKATA vs. ITO, WARD - 42(1), KOLKATA [MERGED WITH WARD - 43(1)], 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 : 2007-08

depreciation. The AO was of the view that there was a transfer of the aforesaid property during the previous year relevant to A.Y.2007-08. The AO was of the view that in view of the provision of section 50(1) of the Income Tax Act, 1961 (Act) the short term capital gain on transfer of the asset should be brought

DCIT, CIRCLE-6(1), KOLKATA, KOLKATA vs. M/S NATIONAL ENGINEERING INDUSTRIES LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Shri J. Sudhakar Reddy, Am & Shri A.T. Varkey, Jm]

depreciation amounting to Rs. 6,36,83,752/- on the assets which were put to use in earlier financial year. 4. That the appellant craves for leave to add, delete or modify any of the grounds of appeal before or at the time of hearing.” 2 M/s. National Engineering Industries Ltd. AY- 2013-14 3. Ground No. 1 is against

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

47,69,000/- aggregating to Rs.1,84,82,81,000/-. Therefore, lower of the two being unabsorbed depreciation of Rs.37,35,12,000/- has been claimed as deduction u/s.115JB2(iii), and that the claim made in the previous year does not affect the claim in the subsequent year as the position of ITA No.356, 343, 357, 377/Kol/2009, 485, 482/Kol/2010, 673/K/11

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

47,69,000/- aggregating to Rs.1,84,82,81,000/-. Therefore, lower of the two being unabsorbed depreciation of Rs.37,35,12,000/- has been claimed as deduction u/s.115JB2(iii), and that the claim made in the previous year does not affect the claim in the subsequent year as the position of ITA No.356, 343, 357, 377/Kol/2009, 485, 482/Kol/2010, 673/K/11

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

47,69,000/- aggregating to Rs.1,84,82,81,000/-. Therefore, lower of the two being unabsorbed depreciation of Rs.37,35,12,000/- has been claimed as deduction u/s.115JB2(iii), and that the claim made in the previous year does not affect the claim in the subsequent year as the position of ITA No.356, 343, 357, 377/Kol/2009, 485, 482/Kol/2010, 673/K/11

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

47,69,000/- aggregating to Rs.1,84,82,81,000/-. Therefore, lower of the two being unabsorbed depreciation of Rs.37,35,12,000/- has been claimed as deduction u/s.115JB2(iii), and that the claim made in the previous year does not affect the claim in the subsequent year as the position of ITA No.356, 343, 357, 377/Kol/2009, 485, 482/Kol/2010, 673/K/11

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

47,69,000/- aggregating to Rs.1,84,82,81,000/-. Therefore, lower of the two being unabsorbed depreciation of Rs.37,35,12,000/- has been claimed as deduction u/s.115JB2(iii), and that the claim made in the previous year does not affect the claim in the subsequent year as the position of ITA No.356, 343, 357, 377/Kol/2009, 485, 482/Kol/2010, 673/K/11

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

47,69,000/- aggregating to Rs.1,84,82,81,000/-. Therefore, lower of the two being unabsorbed depreciation of Rs.37,35,12,000/- has been claimed as deduction u/s.115JB2(iii), and that the claim made in the previous year does not affect the claim in the subsequent year as the position of ITA No.356, 343, 357, 377/Kol/2009, 485, 482/Kol/2010, 673/K/11

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

47,69,000/- aggregating to Rs.1,84,82,81,000/-. Therefore, lower of the two being unabsorbed depreciation of Rs.37,35,12,000/- has been claimed as deduction u/s.115JB2(iii), and that the claim made in the previous year does not affect the claim in the subsequent year as the position of ITA No.356, 343, 357, 377/Kol/2009, 485, 482/Kol/2010, 673/K/11

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

47,69,000/- aggregating to Rs.1,84,82,81,000/-. Therefore, lower of the two being unabsorbed depreciation of Rs.37,35,12,000/- has been claimed as deduction u/s.115JB2(iii), and that the claim made in the previous year does not affect the claim in the subsequent year as the position of ITA No.356, 343, 357, 377/Kol/2009, 485, 482/Kol/2010, 673/K/11

PRIMETALS TECHNOLOGIES INDIA PRIVATE LIMITED,KOLKATA vs. ACIT, CIRCLE-1(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2017-18

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 371 & 372/Kol/2022 Assessment Year: 2017-18 & 2018-19 Primetals Technologies India Pvt. Ltd. Acit, Circle-1(1), Kolkata 5Th Floor, Tower-C Vs Dlf, It Park-I 08 Majore Arterial Road New Town Kolkata - 700156 [Pan : Aaecv9657M] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ajoy Vora, Sr. Advocate & Pooja Saraf, Ar Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 21/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 16/05/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Final Assessment Orders Framed U/S 143(3) R.W.S. 144C & 144C(5) Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) By The Deputy Commissioner Of Income Tax, Circle – 1(1), Kolkata (Hereinafter The “Ld. Ao”) Even Dt. 29/04/2022, Passed In Pursuance Of The Directions Of The Ld. Dispute Resolution Panel -2, New Delhi, Dt. 18/02/2022 For Assessment Year 2017-18 & Dt. 04/03/2022 For Assessment Year 2018-19, Passed U/S 144C(5) Of The Act. 2. The Assessee Has Raised The Following Grounds Of Appeal For Assessment Year 2017-18:- “Ground 1:

depreciation of buildings, machinery, plant or furniture, being tangible assets or know-how, patents, copyrights, trademarks, licences, franchises or any other business or commercial rights of similar nature, being intangible assets allowable to the predecessor and the successor in the case of succession referred to in clause (xiii), clause (xiiib) and clause (xiv) of section 47

PRIMETALS TECHNOLOGIES INDIA PVT. LTD.,KOLKATA vs. ACIT, CIRCLE - 1(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2017-18

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 371 & 372/Kol/2022 Assessment Year: 2017-18 & 2018-19 Primetals Technologies India Pvt. Ltd. Acit, Circle-1(1), Kolkata 5Th Floor, Tower-C Vs Dlf, It Park-I 08 Majore Arterial Road New Town Kolkata - 700156 [Pan : Aaecv9657M] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ajoy Vora, Sr. Advocate & Pooja Saraf, Ar Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 21/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 16/05/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Final Assessment Orders Framed U/S 143(3) R.W.S. 144C & 144C(5) Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) By The Deputy Commissioner Of Income Tax, Circle – 1(1), Kolkata (Hereinafter The “Ld. Ao”) Even Dt. 29/04/2022, Passed In Pursuance Of The Directions Of The Ld. Dispute Resolution Panel -2, New Delhi, Dt. 18/02/2022 For Assessment Year 2017-18 & Dt. 04/03/2022 For Assessment Year 2018-19, Passed U/S 144C(5) Of The Act. 2. The Assessee Has Raised The Following Grounds Of Appeal For Assessment Year 2017-18:- “Ground 1:

depreciation of buildings, machinery, plant or furniture, being tangible assets or know-how, patents, copyrights, trademarks, licences, franchises or any other business or commercial rights of similar nature, being intangible assets allowable to the predecessor and the successor in the case of succession referred to in clause (xiii), clause (xiiib) and clause (xiv) of section 47

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

depreciation to the extent of Rs. 53,32,210/- being 10% of the total expenditure of Rs. 5,33,22,099/- ignoring the decision of Hon'ble Kolkata Tribunal in appellant's own case in DCIT -vs- EIH Limited (2015) I.T.A. No. 426/Ko1/2006 for AY 2002-03· ITA No.117/Kol/2017 A.Y. 2012-13 EIH Ltd. Vs. DCIT

DR. UTTAM LODH,KOLKATA vs. DCIT, CIRCLE-55, KOLKATA, KOLKATA

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

47,276. Dr. Uttam Lodh Assessment Year: 2010-11 2. For that the Learned Commissioner of Income tax (Appeal) wrongly and arbitrarily did not consider the definition of "Commercial vehicle" referred to in paragraph 6 of the Notes below the table of Depreciation having the meaning assigned to it in section

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:

depreciation on these trucks had been allowed to the lessor, the lease rent was deductible as revenue expenditure”- In the aforesaid case, there was a clause in the lease agreement giving an option to the lessee to buy back the asset on termination of the lease agreement. In the instant case, the assessee (lessee) falls in a better footing