M/S. TEGA INDUSTRIES LIMITED,KOLKATA vs. D.C.I.T., CIRCLE - 11(1), KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

section 80 I- A on sale of such steam to its chemical plant. Accordingly, the decision of the AO in this regard is upheld. 3. For the purpose of calculation the quantum of deduction and allocation of expenditure incurred for production of steam the appellant had given certain information-related to the heat value of steam (Enthalpy). The details given

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

80-IA was originally inserted by the Finance (No.2) Act, 1991 w.e.f. April 1, 1991, which was subsequently divided into section 80IA and 80IB by the Finance Act, 1999 w.e.f. April 1, 2000. Clause (ii) of sub-section (4) of amended section 80IA reads as under: ITA No.356, 343, 357, 377/Kol/2009, 485, 482/Kol/2010, 673/K/11 & 431/K/12 Hutchison Telcom East

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

80-IA was originally inserted by the Finance (No.2) Act, 1991 w.e.f. April 1, 1991, which was subsequently divided into section 80IA and 80IB by the Finance Act, 1999 w.e.f. April 1, 2000. Clause (ii) of sub-section (4) of amended section 80IA reads as under: ITA No.356, 343, 357, 377/Kol/2009, 485, 482/Kol/2010, 673/K/11 & 431/K/12 Hutchison Telcom East

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

80-IA was originally inserted by the Finance (No.2) Act, 1991 w.e.f. April 1, 1991, which was subsequently divided into section 80IA and 80IB by the Finance Act, 1999 w.e.f. April 1, 2000. Clause (ii) of sub-section (4) of amended section 80IA reads as under: ITA No.356, 343, 357, 377/Kol/2009, 485, 482/Kol/2010, 673/K/11 & 431/K/12 Hutchison Telcom East

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

80-IA was originally inserted by the Finance (No.2) Act, 1991 w.e.f. April 1, 1991, which was subsequently divided into section 80IA and 80IB by the Finance Act, 1999 w.e.f. April 1, 2000. Clause (ii) of sub-section (4) of amended section 80IA reads as under: ITA No.356, 343, 357, 377/Kol/2009, 485, 482/Kol/2010, 673/K/11 & 431/K/12 Hutchison Telcom East

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

80-IA was originally inserted by the Finance (No.2) Act, 1991 w.e.f. April 1, 1991, which was subsequently divided into section 80IA and 80IB by the Finance Act, 1999 w.e.f. April 1, 2000. Clause (ii) of sub-section (4) of amended section 80IA reads as under: ITA No.356, 343, 357, 377/Kol/2009, 485, 482/Kol/2010, 673/K/11 & 431/K/12 Hutchison Telcom East

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

80-IA was originally inserted by the Finance (No.2) Act, 1991 w.e.f. April 1, 1991, which was subsequently divided into section 80IA and 80IB by the Finance Act, 1999 w.e.f. April 1, 2000. Clause (ii) of sub-section (4) of amended section 80IA reads as under: ITA No.356, 343, 357, 377/Kol/2009, 485, 482/Kol/2010, 673/K/11 & 431/K/12 Hutchison Telcom East

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

80-IA was originally inserted by the Finance (No.2) Act, 1991 w.e.f. April 1, 1991, which was subsequently divided into section 80IA and 80IB by the Finance Act, 1999 w.e.f. April 1, 2000. Clause (ii) of sub-section (4) of amended section 80IA reads as under: ITA No.356, 343, 357, 377/Kol/2009, 485, 482/Kol/2010, 673/K/11 & 431/K/12 Hutchison Telcom East

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

80-IA was originally inserted by the Finance (No.2) Act, 1991 w.e.f. April 1, 1991, which was subsequently divided into section 80IA and 80IB by the Finance Act, 1999 w.e.f. April 1, 2000. Clause (ii) of sub-section (4) of amended section 80IA reads as under: ITA No.356, 343, 357, 377/Kol/2009, 485, 482/Kol/2010, 673/K/11 & 431/K/12 Hutchison Telcom East

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

80-IA. 33 [(1) Where the gross total income of an assessee includes any profits and gains derived by an undertaking or an enterprise from any business referred to in sub-section (4) (such business being hereinafter referred to as the eligible business), there shall, in accordance with and subject to the provisions of this section, be allowed, in computing

QUADRO INFO TECHNOLOGIES PVT. LTD.,KOLKATA vs. I.T.O.,WARD-1(4), KOLKATA

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

80-IC.” 10.1. The issue is, therefore, covered in favour of the Revenue by the Judgment of the 10.1. The issue is, therefore, covered in favour of the Revenue by the Judgment of the 10.1. The issue is, therefore, covered in favour of the Revenue by the Judgment of the Tribunal as well as the Judgment of the Jurisdictional Uttarakhand

MADHU REANSPORT COMPANY PRIVATE LIMITED. ,KOLKATA vs. ITO, WARD-II(1), KOLKATA. , KOLKATA

In the result, the appeal is allowed

80-IE;\n(ii) the 1st day of April, 2018, any deduction is admissible under any provision of this Chapter under the heading \"C.-Deductions in respect of certain incomes\",\nno such deduction shall be allowed to him unless he furnishes a return of his income for such assessment year on or before the due date specified under sub-section

DCIT, CIRCLE-4(2), KOLKATA, KOLKATA vs. M/S VISHNU TEA & INDUSTRIES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee is allowed in part

Bench: Sri J. Sudhakar Reddy, Hon’Ble Am & Sri Aby T. Varkey, Hon’Ble Jm] I.T.A. No. 1749/Kol/2016 Assessment Year: 2008-09 C.O. No. 64/Kol/2016 A/O. I.T.A. No. 1749/Kol/2016 Assessment Year: 2008-09

section 80 IE may be allowed before setting aside past profits and depreciation”. This position is not supported by the decision

DCIT, CIRCLE-4(2), KOLKATA, KOLKATA vs. M/S VISHNU TEA & INDUSTRIES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee is allowed in part

Bench: Sri J. Sudhakar Reddy, Hon’Ble Am & Sri Aby T. Varkey, Hon’Ble Jm] I.T.A. No. 1749/Kol/2016 Assessment Year: 2008-09 C.O. No. 64/Kol/2016 A/O. I.T.A. No. 1749/Kol/2016 Assessment Year: 2008-09

section 80 IE may be allowed before setting aside past profits and depreciation”. This position is not supported by the decision

DCIT, CIRCLE-4(2), KOLKATA, KOLKATA vs. M/S VISHNU TEA & INDUSTRIES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee is allowed in part

Bench: Sri J. Sudhakar Reddy, Hon’Ble Am & Sri Aby T. Varkey, Hon’Ble Jm] I.T.A. No. 1749/Kol/2016 Assessment Year: 2008-09 C.O. No. 64/Kol/2016 A/O. I.T.A. No. 1749/Kol/2016 Assessment Year: 2008-09

section 80 IE may be allowed before setting aside past profits and depreciation”. This position is not supported by the decision

D.C.I.T., CC - 4(4), KOLKATA, KOLKATA vs. ELECTROSTEEL CASTING LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Shri Rajpal Yadav, Vice- & Shri Girish Agrawalassessment Years: 2016-17 Deputy Commissioner Of M/S. Electrosteel Casting Ltd. Income-Tax, Central G.K. Tower Vs. Circle-4(4), Kolkata. 19, Camac Street Kolkata -700017 (Pan: Aaace4975B) (Appellant) (Respondent)

depreciation to the extent of Rs.3,16,92,148/- is directed to be deleted. Ground Nos.6 to 10 are therefore allowed." 7. Ground nos. 2 and 3 of the appeals of the revenue are in respect of disallowance made on account of interest expenses u/s. 14A of the Act r.w.s. Rule 8D(2)(ii) and (iii) of the Rules

ACIT, CEN, CIR-4(4), KOLKATA, KOLKATA vs. M/S ELECTROSTEEL CASTINGS LTD., KOLKATA

In the result, both, the appeal of the revenue and the cross objections of the assessee are dismissed

Bench: Shri Rajpal Yadav, Vice- & Shri Girish Agrawalita Nos.2303 & 2304/Kol/2019 Assessment Years: 2014-15 & 2015-16 Assistant Commissioner M/S. Electrosteel Casting Ltd. Vs. Of Income-Tax, Central (Pan: Aaace4975B) Circle-4(4), Kolkata. (Appellant) (Respondent) & C.O. Nos. 24 & 25/Kol/2020 In Ita Nos.2303 & 2304/Kol/2019 Assessment Years: 2014-15 & 2015-16 M/S. Electrosteel Casting Assistant Commissioner Of Vs. Ltd. Income-Tax, Central Circle- 4(4), Kolkata. (Cross Objector) (Respondent) Present For: Department By - Shri Deba Kumar Sonowal & Shri Tushar Dhawal Singh, Cit Assessee By - Shri S. K. Tulsiyan, Advocate & Ms. Puja Somani, Ca Date Of Hearing : 17.03.2022 Date Of Pronouncement : 17.05.2022 O R D E R Per Girish Agrawal: Both These Appeals By The Revenue & The Cross Objection By The Assessee Are Directed Against The Separate Orders Passed By The Ld. Cit(A)-22 Kolkata Vide Appeal No. 46/Cit(A)-22/2014-15/17-18/Kol & 133/Cit(A)-22/2015-16/18-19/Kol Dated 31.07.2019 For A.Ys. 2014-15 & 2015-16 Against The Separate Assessment Orders Passed U/S 143(3) R.W.S. 144C Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By Dcit, Central Circle – 4(4), Kolkata, Dated 29.01.2018 & Acit, Central Circle-4(4), Kolkata Dated 29.12.2018 Respectively. C.O. Nos. 24 & 25/Kol/2020 Electrosteel Casting Ltd. Ays 2014-15 & 2015-16 2. Shri Deba Kumar Sonowal & Tushar Dhawal Singh, Cit Appeared For The Revenue & Sri S. K. Tulsiyan, Advocate & Ms. Puja Somani, Ca Appeared For The Assessee.

depreciation to the extent of Rs.3,16,92,148/- is directed to be deleted. Ground Nos.6 to 10 are therefore allowed." 7. Ground nos. 2 and 3 of the appeals of the revenue are in respect of disallowance made on account of interest expenses u/s. 14A of the Act r.w.s. Rule 8D(2)(ii) and (iii) of the Rules

ACIT, CEN.CIR.-4(4), KOLKATA , KOLKATA vs. M/S ELECTRSTEEL CASTINGS LTD., KOLKATA

In the result, both, the appeal of the revenue and the cross objections of the assessee are dismissed

Bench: Shri Rajpal Yadav, Vice- & Shri Girish Agrawalita Nos.2303 & 2304/Kol/2019 Assessment Years: 2014-15 & 2015-16 Assistant Commissioner M/S. Electrosteel Casting Ltd. Vs. Of Income-Tax, Central (Pan: Aaace4975B) Circle-4(4), Kolkata. (Appellant) (Respondent) & C.O. Nos. 24 & 25/Kol/2020 In Ita Nos.2303 & 2304/Kol/2019 Assessment Years: 2014-15 & 2015-16 M/S. Electrosteel Casting Assistant Commissioner Of Vs. Ltd. Income-Tax, Central Circle- 4(4), Kolkata. (Cross Objector) (Respondent) Present For: Department By - Shri Deba Kumar Sonowal & Shri Tushar Dhawal Singh, Cit Assessee By - Shri S. K. Tulsiyan, Advocate & Ms. Puja Somani, Ca Date Of Hearing : 17.03.2022 Date Of Pronouncement : 17.05.2022 O R D E R Per Girish Agrawal: Both These Appeals By The Revenue & The Cross Objection By The Assessee Are Directed Against The Separate Orders Passed By The Ld. Cit(A)-22 Kolkata Vide Appeal No. 46/Cit(A)-22/2014-15/17-18/Kol & 133/Cit(A)-22/2015-16/18-19/Kol Dated 31.07.2019 For A.Ys. 2014-15 & 2015-16 Against The Separate Assessment Orders Passed U/S 143(3) R.W.S. 144C Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By Dcit, Central Circle – 4(4), Kolkata, Dated 29.01.2018 & Acit, Central Circle-4(4), Kolkata Dated 29.12.2018 Respectively. C.O. Nos. 24 & 25/Kol/2020 Electrosteel Casting Ltd. Ays 2014-15 & 2015-16 2. Shri Deba Kumar Sonowal & Tushar Dhawal Singh, Cit Appeared For The Revenue & Sri S. K. Tulsiyan, Advocate & Ms. Puja Somani, Ca Appeared For The Assessee.

depreciation to the extent of Rs.3,16,92,148/- is directed to be deleted. Ground Nos.6 to 10 are therefore allowed." 7. Ground nos. 2 and 3 of the appeals of the revenue are in respect of disallowance made on account of interest expenses u/s. 14A of the Act r.w.s. Rule 8D(2)(ii) and (iii) of the Rules

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)

80-lA was claimed in A.Y 2008- 09, the AO set off the notional business loss and unabsorbed depreciation of eligible unit from the profit of the eligible unit in A.Y. 2008-09 as per section