SRI GOVINDDEO EDUCATIONAL INSTITUTE ,KOLKATA vs. ITO(EXEMPTION) WARD-1(3) , KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Sonjoy Sarma (Judicial Member), Shri Sanjay Awasthi (Accountant Member)

3 above solely for educational purposes and not for purposes of profit. No part of the funds or income of the society shall be invested, applied or used in such manner so as to disentitle and /or deprive the society of the benefits and/or advantages and/or exemption under any law including the provisions contained in section 10

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

10(38) or 11 or 12) credited to the profit and loss account. 4.3 The provisions of subsection (2) & (3) of Section 14A which prescribe for estimated disallowance

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

10(38) or 11 or 12) credited to the profit and loss account. 4.3 The provisions of subsection (2) & (3) of Section 14A which prescribe for estimated disallowance

MEGA ENGINEERS & BUILDERS,PORT BLAIR vs. DCIT, CIR. 3(2) , PORT BLAIR

In the result, the appeal of assessee is allowed

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

10% u/s 194A of the Act. Finally, the AO disallowed 30% of the above interest payment being disallowance u/s 40a(ia) of the Act. In our opinion the provisions of Section 40a(ia) cannot be invoked where there is a short deduction of tax at source but in a case, where there is a complete non- deduction

M P BIRLA FOUNDATION EDUCATIONAL SOCIETY,KOLKATA vs. DY. COMMISSIONER OF INCOME TAX (EXEMPTION), KOLKATA

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri George Mathan & Shri Rakesh Mishra

disallow the entire income of Rs. 26,65,66,937/- as exemption under section 10(23C)(vi) as claimed in the return of income. By the said communication the appellant was directed to file its response within 30 days from the issuance of the said communication failing which the return would be processed after making necessary adjustment under section

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

3 Taxman 97 (AP) that section 37(1) being a residual\nprovision, it cannot be taken aid of, unless and until it is established that\nnone of the provisions of sections 30 to 36 are applicable to a given case.\nBefore examining the question, applying section 37(1), it is the duty of the\nassessing authority to see whether

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

3 Taxman 97 (AP) that section 37(1) being a residual\nprovision, it cannot be taken aid of, unless and until it is established that\nnone of the provisions of sections 30 to 36 are applicable to a given case.\nBefore examining the question, applying section 37(1), it is the duty of the\nassessing authority to see whether

DARJEELING DISTRICT CENTRAL CO-OP. BANK LTD. ,DARJEELING vs. ACIT, CIR-3(1),SILIGURI. , SILIGURI

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

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

3)(v) of the Income Tax Act, 1961 w.e.f. 01.06.215. 5. That on the facts of the case, the ld. AO(TDS) has erred in law by initiating proceedings under section 201(1) and 201(lA) of the I.T.Act,1961 without satisfying himself as to whether the deductee/payee assessee has failed to pay taxes directly, which has been held

DARJEELING DISTRICT CENTRAL CO-OPERATIVE BANK LTD. ,DARJEELING vs. ACIT(OSD)(TDS),WD-5(3),DARJEELING, DARJEELING.

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

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

3)(v) of the Income Tax Act, 1961 w.e.f. 01.06.215. 5. That on the facts of the case, the ld. AO(TDS) has erred in law by initiating proceedings under section 201(1) and 201(lA) of the I.T.Act,1961 without satisfying himself as to whether the deductee/payee assessee has failed to pay taxes directly, which has been held

DARJEELING DISTRICT CENTRAL CO.OP. BANK LTD. ,DARJEELING vs. ACIT(OSD)(TDS)WD-5(3), DARJEELING, , DARJEELING.

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

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

3)(v) of the Income Tax Act, 1961 w.e.f. 01.06.215. 5. That on the facts of the case, the ld. AO(TDS) has erred in law by initiating proceedings under section 201(1) and 201(lA) of the I.T.Act,1961 without satisfying himself as to whether the deductee/payee assessee has failed to pay taxes directly, which has been held

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

3 Taxman 97 (AP) that section 37(1) being a residual\nprovision, it cannot be taken aid of, unless and until it is established that\nnone of the provisions of sections 30 to 36 are applicable to a given case.\nBefore examining the question, applying section 37(1), it is the duty of the\nassessing authority to see whether

RADHAKRISHNA AGRO PRODUCTS,BARDHAMAN vs. ITO, WARD-2(4), BURDWAN. , BURDWAN

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2017-18

10 Radhakrishna Agro Products, AY 2017-18 case before us, the six parties have acted as agents of the assessee for procurement of paddy from the farmers, two of them being farmers themselves. Hence, rigours of section 40A(3) do not apply in the said procurement for which disallowance

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

3 Taxman 97 (AP) that section 37(1) being a residual\nprovision, it cannot be taken aid of, unless and until it is established that\nnone of the provisions of sections 30 to 36 are applicable to a given case.\nBefore examining the question, applying section 37(1), it is the duty of the\nassessing authority to see whether

M/S. BATA INDIA LTD., ,KOLKATA vs. DDIT, CPC, , BENGALURU

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

disallowance of education cess of ₹6,03,51,771/-. The Ld. AO thus assessed the total income at ₹637,75,02,388/-. The Ld. CIT(A) further held that once the order u/s 143(3) r.w.s. 144C(3) r.w.s. 144B of the Act is passed, the order u/s 143(1) of the Act gets merged with the order

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

disallowance of expenditure in relation to income which does not form part of the total income is that expenditure incurred is not allowable for the purpose whether the assessee claims that no expenditure has been incurred during the previous year. Section 14A(3) of the Income Tax Act states that: \"The provisions of sub-section (2) shall also apply

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)

3 above solely for educational purposes and not for purposes of profit. No part of the funds or income of the Society shall be invested, applied or used in such manner so as to disentitle and/or deprive the Society of the benefits and/or advantages and/or exemption under any law including the provisions contained in section 10 of the Income

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

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 claims that no expenditure has been incurred during the\nprevious year. Section 14A(3) of the Income Tax Act states that:\n\"The provisions of sub-section (2) shall also apply

M/S. PANCHIRAM NAHATA,KOLKATA vs. A.C.I.T., CIRCLE - 44, KOLKATA, KOLKATA

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

Bench: Dr. Manish Borad & Shri Sonjoy Sarma

disallowance under section 14A at Rs.24,10,230/-, 3 M/s. Panchiram Nahata disallowance of interest expenditure at Rs.75,941/- and expenses