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

loss account Less: profit for the year 88,381 2003-04 Amount available for set (1,474,769) off 373,512 Amount available for set (964,897) off in future year The AO during assessment proceedings observed certain facts from the details furnished by the assessee as detailed under:- “(a) in A.Y 2002-03, the profit before depreciation

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

loss account Less: profit for the year 88,381 2003-04 Amount available for set (1,474,769) off 373,512 Amount available for set (964,897) off in future year The AO during assessment proceedings observed certain facts from the details furnished by the assessee as detailed under:- “(a) in A.Y 2002-03, the profit before depreciation

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

loss account Less: profit for the year 88,381 2003-04 Amount available for set (1,474,769) off 373,512 Amount available for set (964,897) off in future year The AO during assessment proceedings observed certain facts from the details furnished by the assessee as detailed under:- “(a) in A.Y 2002-03, the profit before depreciation

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

loss account Less: profit for the year 88,381 2003-04 Amount available for set (1,474,769) off 373,512 Amount available for set (964,897) off in future year The AO during assessment proceedings observed certain facts from the details furnished by the assessee as detailed under:- “(a) in A.Y 2002-03, the profit before depreciation

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

loss account Less: profit for the year 88,381 2003-04 Amount available for set (1,474,769) off 373,512 Amount available for set (964,897) off in future year The AO during assessment proceedings observed certain facts from the details furnished by the assessee as detailed under:- “(a) in A.Y 2002-03, the profit before depreciation

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

loss account Less: profit for the year 88,381 2003-04 Amount available for set (1,474,769) off 373,512 Amount available for set (964,897) off in future year The AO during assessment proceedings observed certain facts from the details furnished by the assessee as detailed under:- “(a) in A.Y 2002-03, the profit before depreciation

M/S. MILLENNIUM STOCK BROKING (P) LIMITED ,KOLKATA vs. DCIT, CIRCLE - 4(2), KOLKATA , KOLKATA

In the result, the appeal of the assessee is allowed as per terms indicated above

loss and unabsorbed depreciation scenario, the set off with business income should be with B/F business loss in view of section

INFINITY INFOTECH PARKS LTD.,KOLKATA vs. PCIT-1, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri A. T. Varkey, Jm & Shri Rajesh Kumar, Am ]

set-off with brought forward unabsorbed depreciation and Business Loss of earlier years. The same were thus adjusted and set

ACIT, CIRCLE - 13(2), KOLKATA , KOLKATA vs. M/S. PADMA LOGISTICS & KHANIJ PRIVATE LIMITED , KOLKATA

In the result, the revenue’s appeal is partly allowed for statistical purposes

Bench: "ी जे. सुधाकर रे"डी, लेखा सद"य एवं/And "ी ऐ. ट". वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

set off of business losses and unabsorbed depreciation losses brought forward from earlier years by SYK Ltd in respect of its 'Vortal

DCIT, C.C.XXVII, KOLKATA, KOLKATA vs. M/S. BUDGE BUDGE REFINERIES LTD., KOLKATA

In the result, assessee’s CO is partly allowed

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

set off of brought forward business loss and unabsorbed depreciation in the following sequence : 1. Depreciation for the Current Year

KESORAM INDUSTRIES LIMITED (SUCESSOR OF HINDUSTHAN HEAVY CHEMICALS LTD.),KOLKATA vs. A.C.I.T., CC-X, KOLKATA, KOLKATA

In the result, the appeal of revenue is dismissed and that of the assessee is allowed

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

loss or depreciation was already set off before declaration of dividend and there was no further loss or depreciation as per books

D.C.I.T., CIRCLE-4, KOLKATA, KOLKATA vs. M/S HINDUSTAN HEAVY CHEMICALS LTD., KOLKATA

In the result, the appeal of revenue is dismissed and that of the assessee is allowed

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

loss or depreciation was already set off before declaration of dividend and there was no further loss or depreciation as per books

I.T.O WD - 7(2),KOLKATA., KOLKATA vs. M/S WINSOME BREWERIES LIMITED, NEW DELHI

In the result, the appeal of revenue is dismissed

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

loss, unabsorbed depreciation can be added to current depreciation for the purpose of claiming deduction. 3. Continuity of business is not relevant for the purpose of above set

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)

loss or depreciation was already set off against the profits of other unit and there was no actual business loss

DCIT, CIRCLE - 3(1), KOLKATA vs. M/S. LALBABA SEAMLESS TUBES PVT. LIMITED , KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.58/Kol/2019 ("नधा"रणवष" / Assessment Year: 2014-15)

set off of current year business loss and carry forward losses and unabsorbed depreciation against the income determined u/s 68 of the I.T. Act since

D.C.I.T CIR - 11,KOLKATA., KOLKATA vs. M/S EPCOS INDIA PVT LTD, KOLKATA

In the result, the appeals as well as the cross objections are dismissed

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

set off of the aforesaid unabsorbed depreciation against the income for the relevant year and hence in the return the same was claimed to be carried forward. The details of brought forward loss

METSIL EXPORTS PVT. LTD.,KOLKATA vs. PCIT, CEN. -2, KOLKATA

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

Bench: Sri Rajpal Yadav, Vice- & Sri Sanjay Awasthi

set off. It was submitted that the loss being depreciation loss was for the assessment year 2009-10 when more

ACIT, CEN. CIR-VI, KOLKATA, KOLKATA vs. M/S J. K. TYRE & INDUSTRIES LTD., KOLKATA

In the result the appeal by the revenue is dismissed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am] I.T.A No. 143/Kol/2014 Assessment Year : 2008-09

depreciation allowance not so set off shall be carried forward to the following assessment year not being more than eight assessment years immediately succeeding the assessment year for which the aforesaid allowance was first computed : Provided that the business or profession for which the allowance was originally computed continued to be carried on by him in the previous year relevant