BMW INDUSTRIES LIMITED,KOLKATA vs. DCIT, CENTRAL CIRCLE 4(1),, KOLKATA

In the result, all the three appeals of the assessee are allowed

section 271(1)(c). That is clearly not the intendment of the Legislature.\n11. In this behalf the observations of this Court made in Sree Krishna Electricals v. State of Tamil Nadu[2009] 23 VST 249 as regards the penalty are apposite. In the aforementioned decision which pertained to the penalty proceedings in Tamil Nadu General Sales

BMW INDUSTRIES LIMITED ,KOLKATA vs. DCIT, CENTRAL CIRCLE 4(1),, KOLKATA

In the result, all the three appeals of the assessee are allowed

section 271(1)(c). That is clearly not the intendment\nof the Legislature.\n11. In this behalf the observations of this Court made in Sree Krishna Electricals v. State\nof Tamil Nadu[2009] 23 VST 249 as regards the penalty are apposite. In the\naforementioned decision which pertained to the penalty proceedings in Tamil Nadu\nGeneral Sales

BMW INDUSTRIES LIMITED,KOLKATA vs. DCIT, CENTRAL CIRCLE 4(1),, KOLKATA

In the result, all the three appeals of the assessee are allowed

section 271(1)(c). That is clearly not the intendment\nof the Legislature.\n11. In this behalf the observations of this Court made in Sree Krishna Electricals v. State\nof Tamil Nadu[2009] 23 VST 249 as regards the penalty are apposite. In the\naforementioned decision which pertained to the penalty proceedings in Tamil Nadu\nGeneral Sales

DCIT, CIR-5(1), , KOLKATA vs. M/S COAL INDIA LTD., KOLKATA

c) of Explanation (1)\nto section 115JB of the Act, the same is liable to be added to the book\nprofit for the purpose of section 115JB of the Act. Hence, the finding of\nthe Ld. CIT(A) is confirmed and Ground No. 1 of the appeal is\ndismissed.”\n5. Ground No. 2 relates to disallowance of prior period expenses

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

C' BENCH, KOLKATA\nBefore\nSHRI PRADIP KUMAR CHOUBEY, JUDICIAL MEMBER\n&\nSHRI RAKESH MISHRA, ACCOUNTANT MEMBER\nITA Nos.: 1246, 1247, 1248 & 2037/KOL/2019\n Assessment Years: 2012-13, 2013-14, 2014-15 & 2015-16\nD.C.I.T Cir-10(1), Kolkata\nVs.\nM/s. Eureka Forbes Ltd.\n(Appellant)\n(Respondent)\nPAN: AAACE5767F\nAppearances:\nDepartment represented by\nAssessee represented by\nDate of concluding

DCIT, CIRCLE - 5(1), KOLKATA, KOLKATA vs. M/S. COAL INDIA LIMITED , KOLKATA

c) That on the facts and in the circumstances of the case, the learned CIT(Appeals) and the Assessing Officer has erred in considering that Rule 8D of the Rules as automatic and the disallowance has to be made under section 14A of the Act in all the cases. 2(a) That on the facts and circumstances of the case

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

In the result, the appeal filed by the Revenue in ITA No

C' BENCH, KOLKATA\nBefore\nSHRI PRADIP KUMAR CHOUBEY, JUDICIAL MEMBER\n&\nSHRI RAKESH MISHRA, ACCOUNTANT MEMBER\nITA Nos.: 1246, 1247, 1248 & 2037/KOL/2019\n Assessment Years: 2012-13, 2013-14, 2014-15 & 2015-16\nD.C.I.T Cir-10(1), Kolkata\nVs.\nM/s. Eureka Forbes Ltd.\n(Appellant)\n(Respondent)\nPAN: AAACE5767F\nAppearances:\nDepartment represented by\nAssessee represented by\nDate of concluding

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

In the result, the appeal filed by the Revenue in ITA No

C' BENCH, KOLKATA\nBefore\nSHRI PRADIP KUMAR CHOUBEY, JUDICIAL MEMBER\n&\nSHRI RAKESH MISHRA, ACCOUNTANT MEMBER\nITA Nos.: 1246, 1247, 1248 & 2037/KOL/2019\n Assessment Years: 2012-13, 2013-14, 2014-15 & 2015-16\nD.C.I.T Cir-10(1), Kolkata Vs. M/s. Eureka Forbes Ltd.\n(Appellant)\n(Respondent)\nPAN: AAACE5767F\nAppearances:\nDepartment represented by : Praveen Kishore, CIT (DR).\nAssessee represented

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

C' BENCH, KOLKATA\nBefore\nSHRI PRADIP KUMAR CHOUBEY, JUDICIAL MEMBER\n&\nSHRI RAKESH MISHRA, ACCOUNTANT MEMBER\nITA Nos.: 1246, 1247, 1248 & 2037/KOL/2019\n Assessment Years: 2012-13, 2013-14, 2014-15 & 2015-16\nD.C.I.T Cir-10(1), Kolkata\nVs.\nM/s. Eureka Forbes Ltd.\n(Appellant)\n(Respondent)\nPAN: AAACE5767F\nAppearances:\nDepartment represented by\nAssessee represented by\nDate of concluding

DCIT, CIRCLE - 5(1), KOLKATA, KOLKATA vs. M/S. COAL INDIA LIMITED , KOLKATA

In the result, the appeals filed by the assessee in ITA Nos

23 March 2010 regarding\nforeign exchange fluctuation loss whose contents are as under:-\n''\"Mark to Market' loss may be given different accounting treatment by\ndifferent assessee. Some may reflect such loss as a balance sheet item\nwithout making any corresponding adjustment in the profit and loss\naccount. Other may book the loss in the profit and loss account which

DCIT, CIR-5(1), , KOLKATA vs. M/S COAL INDIA LTD., KOLKATA

23 March 2010 regarding\nforeign exchange fluctuation loss whose contents are as under:-\n''\"Mark to Market' loss may be given different accounting treatment by\ndifferent assessee. Some may reflect such loss as a balance sheet item\nwithout making any corresponding adjustment in the profit and loss\naccount. Other may book the loss in the profit and loss account which

APEEJAY PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 8(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 116/Kol/2023 Assessment Year: 2013-14

disallowance made under section 14A r.w.r. 8D, for Assessment Year 2017-18 is deleted. 14. Now, we take up the issue of addition towards deemed dividend under section 2(22)(e) of the Act, for the sum received by the assessee 11 I.T.A. No. 116/Kol/2023 Assessment Year: 2013-14 I.T.A. No. 117/Kol/2023 Assessment Year: 2014-15 I.T.A. No. 118/Kol/2023 Assessment

APEEJAY PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 8(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 116/Kol/2023 Assessment Year: 2013-14

disallowance made under section 14A r.w.r. 8D, for Assessment Year 2017-18 is deleted. 14. Now, we take up the issue of addition towards deemed dividend under section 2(22)(e) of the Act, for the sum received by the assessee 11 I.T.A. No. 116/Kol/2023 Assessment Year: 2013-14 I.T.A. No. 117/Kol/2023 Assessment Year: 2014-15 I.T.A. No. 118/Kol/2023 Assessment

APEEJAY PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 8(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 116/Kol/2023 Assessment Year: 2013-14

disallowance made under section 14A r.w.r. 8D, for Assessment Year 2017-18 is deleted. 14. Now, we take up the issue of addition towards deemed dividend under section 2(22)(e) of the Act, for the sum received by the assessee 11 I.T.A. No. 116/Kol/2023 Assessment Year: 2013-14 I.T.A. No. 117/Kol/2023 Assessment Year: 2014-15 I.T.A. No. 118/Kol/2023 Assessment

APEEJAY PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 8(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 116/Kol/2023 Assessment Year: 2013-14

disallowance made under section 14A r.w.r. 8D, for Assessment Year 2017-18 is deleted. 14. Now, we take up the issue of addition towards deemed dividend under section 2(22)(e) of the Act, for the sum received by the assessee 11 I.T.A. No. 116/Kol/2023 Assessment Year: 2013-14 I.T.A. No. 117/Kol/2023 Assessment Year: 2014-15 I.T.A. No. 118/Kol/2023 Assessment

M/S TATA GLOBAL BEVERAGES LIMITED,KOLKATA vs. THE DCIT, CIRCLE-4(2), KOLKATA, KOLKATA

In the result, the appeals filed by the assessee for AY 2012-

Bench: Dr. Manish Borad & Sonjoy Sarma

c) of Explanation (i) to section 92B covers, inter alia, “guarantee”. Thus, the provision of a corporate guarantee by an Appellant will be treated as an international transaction if the same has a bearing on the profits, income, losses or assets of the Appellant. In so far as profits/income/losses are concerned, the Appellant did not incur any cost for furnishing

M/S TATA GLOBAL BEVERAGES LIMITED,KOLKATA vs. THE DCIT, CIRCLE-4(2), KOLKATA, KOLKATA

In the result, the appeals filed by the assessee for AY 2012-

Bench: Dr. Manish Borad & Sonjoy Sarma

c) of Explanation (i) to section 92B covers, inter alia, “guarantee”. Thus, the provision of a corporate guarantee by an Appellant will be treated as an international transaction if the same has a bearing on the profits, income, losses or assets of the Appellant. In so far as profits/income/losses are concerned, the Appellant did not incur any cost for furnishing

M/S. COAL INDIA LIMITED ,KOLKATA vs. DCIT, CIRCLE - 5(1), KOLKATA, KOLKATA

c) of Explanation (1)\nto section 115JB of the Act, the same is liable to be added to the book\nprofit for the purpose of section 115JB of the Act. Hence, the finding of\nthe Ld. CIT(A) is confirmed and Ground No. 1 of the appeal is\ndismissed.\nPage | 18\nITA Nos.: 466, 622, 467, 623/KOL/2018 &\n1406