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

25,21,596/- 5,53,878/-) as the\nassessee has suo-moto disallowed Rs.5,53,878/-. Thus, the disallowance\nunder Rule-8D of the IT, Rule, 1962 relevant section 14A of the I.T. Act, 1961\nis finally computed at Rs.1,19,67,718/- and added back with the returned\nincome as well as to determine the book profit u/s 115JB

SRI GOVINDDEO EDUCATIONAL INSTITUTE,KOLKATA vs. DY.DIT(E)-1, KOLKATA. , KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2011-12 Sri Govinddeo Educational Ddit, Exemption Circle-1, Institute Kolkata Vs. 78, Syed Amir Ali Avenue, Ballygunge, Kolkata-700019. (Pan: Aabts6053J) (Appellant) (Respondent)

25 Parganas, West Bengal – expenditure incurred is Rs.6,76,822/-. 3.2. Ld. AO in the course of assessment proceeding observed that out of two schools situated in village Bagi and Another in village-Sapkhali, though the schools are claimed to be run in the name of Shri Govindeo Educational Institute, local people know them by Birla’s Primary School. There

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

25,21,596/- 5,53,878/-) as the\nassessee has suo-moto disallowed Rs.5,53,878/-. Thus, the disallowance\nunder Rule-8D of the IT, Rule, 1962 relevant section 14A of the I.T. Act, 1961\nis finally computed at Rs.1,19,67,718/- and added back with the returned\nincome as well as to determine the book profit u/s 115JB

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

25,000/- without appreciating that the expenditure crystallized during the year. 3) That on the facts and in the circumstances of the case, the learned CIT(Appeals) erred in confirming the action of the Assessing Officer in 2.1 The Revenue has raised the following revised grounds of appeal in ITA No. 622/KOL/2018: “1. Whether in the facts and circumstances

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

25,21,596/- 5,53,878/-) as the\nassessee has suo-moto disallowed Rs.5,53,878/-. Thus, the disallowance\nunder Rule-8D of the IT, Rule, 1962 relevant section 14A of the I.T. Act, 1961\nis finally computed at Rs.1,19,67,718/- and added back with the returned\nincome as well as to determine the book profit u/s 115JB

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

10(34) of the Income Tax Act and\naccordingly is not satisfactory in accordance with the provision of 14A of the\nIncome Tax Act.\nThe Jurisdictional Calcutta High Court in the case of Dhanuka & Sons Vs\nCIT (339 1TR 319), disallowance under section 14A can indeed be made. In\nDhanuka's case (supra), Their Lordships have, inter alia, observed

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

25,21,596/- 5,53,878/- (the\nassessee has suo-moto disallowed Rs.5,53,878/- Thus, the disallowance\nunder Rule-BD of the IT Rule 1962 relevant section 14A of the IT. Act, 1961\nis finally computed at Rs. 1,19,67,718/- and added back with the returned\nincome as well as to determine the book profit u/s 115JB

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

25-01-1996 [218 ITR (st) 1], the CBDT has clarified that the term\n'prior period items' means material changes or credits which arise in\nthe previous years as results of errors or omissions in the preparation\nof the financial statements of one or more previous years. It has been\nfurther clarified that the charge or credit, arising

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

25-01-1996 [218 ITR (st) 1], the CBDT has clarified that the term\n'prior period items' means material changes or credits which arise in\nthe previous years as results of errors or omissions in the preparation\nof the financial statements of one or more previous years. It has been\nfurther clarified that the charge or credit, arising

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

25\nITA Nos.: 466, 622, 467, 623/KOL/2018 &\n1406, 1696, 1407, 1697/KOL/2019\nAYs: 2011-12 to 2014-15\nM/s. Coal India Ltd.\nThe inherent proposition behind the contents of Section 14A is disallowance\nof expenditure in relation to income which does not form part of the total\nincome is that expenditure incurred is not allowable for the purpose whether\nthe assessee

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

25\nITA Nos.: 466, 622, 467, 623/KOL/2018 &\n1406, 1696, 1407, 1697/KOL/2019\nAYs: 2011-12 to 2014-15\nM/s. Coal India Ltd.\nThe inherent proposition behind the contents of Section 14A is disallowance\nof expenditure in relation to income which does not form part of the total\nincome is that expenditure incurred is not allowable for the purpose whether\nthe assessee

INDIAN CHAMBER OF COMMERCE. ,KOLKATA vs. DCIT, CIR-1(1), (EXEMPTION), KOLKATA

In the result, both the appeals of the assessee are allowed

Bench: Shri Rajpalyadav, Vice-(Kz) & Shri Rajesh Kumar]

25 of the Companies Act, 1956 in the year 1925 for development of trade, commerce and industry and its members are corporate houses/commercial groups in India and abroad. The Ld. A.R submitted that the ICC was set up for the purpose of promotion and protection of the Indian business and industry and duly registered

INDIAN CHAMBER OF COMMERCE,KOLKATA vs. DCIT,CIR-1(1), (EXEMPTION), KOLKATA. , KOLKATA

In the result, both the appeals of the assessee are allowed

Bench: Shri Rajpalyadav, Vice-(Kz) & Shri Rajesh Kumar]

25 of the Companies Act, 1956 in the year 1925 for development of trade, commerce and industry and its members are corporate houses/commercial groups in India and abroad. The Ld. A.R submitted that the ICC was set up for the purpose of promotion and protection of the Indian business and industry and duly registered

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

disallowable under section 4O(a)(ii) or section 115-O of the Act.” 3. As the issues raised in these appeals are common and the facts are identical, therefore, as agreed by both the parties, they Page 7 of 41 I.T.A. No.: 1854/Kol/2016 Assessment Year: 2012-13 I.T.A. No.: 1899/Kol/2017 Assessment Year: 2013-14 M/s. Tata Global Beverages Limited

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

disallowable under section 4O(a)(ii) or section 115-O of the Act.” 3. As the issues raised in these appeals are common and the facts are identical, therefore, as agreed by both the parties, they Page 7 of 41 I.T.A. No.: 1854/Kol/2016 Assessment Year: 2012-13 I.T.A. No.: 1899/Kol/2017 Assessment Year: 2013-14 M/s. Tata Global Beverages Limited

BALMER LAWRIE & CO. LTD. STAFF PROVIDENT FUND,KOLKATA vs. ITO, WARD - 34(1), , KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am Balmer Lawrie & Co. Ltd. Staff Ito, Ward - 34(1), Provident Fund Aaykar Bhawan, 110, Bammer Lawrie House, 21, N.S. Shantipally, Em Bypass, Kolkata, Vs. Road, Bbd Bag, Kolkata, West Bengal, 700107 West Bengal, 700001 (Appellant) (Respondent) Pan No. Aaatb8655N Assessee By : Shri Akkaldudhewala, Ar Revenue By : Shri Madhumita Das, Dr Date Of Hearing: 16.04.2025 Date Of Pronouncement : 21.04.2025 O R D E R Per Rajesh Kumar, Am:

25) of the Balmer Lawrie & Co. Ltd; A.Y. 2018-19 Act. the ld. AO (CPC) while processing the return disallowed the dividend to the tune of ₹10 lacs which was reported u/s 10(35) by invoking provisions of section

ACIT, CC-2(1), KOL, KOLKATA vs. SHALIMAR HATCHERIES LIMITED, KOLKATA

In the result, the appeal of the Revenue is allowed and the Cross Objection filed by the assessee is dismissed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawali.T.A. No. 546/Kol/2023) Assessment Year: 2012-2013 Assistant Commissioner Of Income Tax,....Appellant Central Circle-2(1), Kolkata, Aayakar Bhawan Poorva, 3Rd Floor, 110, Shanti Pally, Kolkata-700107 -Vs.- Shalimar Hatcheries Ltd.,......................Respondent 46C, Chowringhee Road, Park Street, 17Th Floor, Everest House, Kolkata-700071 [Pan: Aadcs6537J] - A N D - C.O. No. 13/Kol/2023 (In I.T.A. No. 546/Kol/2023) Assessment Year: 2012-2013 Shalimar Hatcheries Ltd.,..................Cross Objector 46C, Chowringhee Road, Park Street, Kolkata-700071 [Pan: Aadcs6537J] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Central Circle-2(1), Kolkata, Aayakar Bhawan Poorva, 110, Shanti Pally, Kolkata-700107 Appearances By: Shri P.P. Barman, Addl. Cit, Appeared On Behalf Of The Revenue

10. The assessee is in appeal before the Tribunal against the order of ld. CIT(Appeals) dated 30.08.2019 passed for A.Y. 2014-15. 10.1. In the solitary substantial ground of appeal, the assessee has pleaded that ld. CIT(Appeals) has erred in confirming the disallowance of Rs.26,25,000/-, which was claimed as a deduction under section

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