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

30\nand 31 this issue and has confirmed his finding, he has confirmed 10%\nof the overall disallowance being treated as capital in nature and has\nallowed 90% of the disallowance and has given part relief. We note that\nwhether the expenditure is capital or revenue can only be examined by\nconsidering the nature of repair and any repair which

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

30\nand 31 this issue and has confirmed his finding, he has confirmed 10%\nof the overall disallowance being treated as capital in nature and has\nallowed 90% of the disallowance and has given part relief. We note that\nwhether the expenditure is capital or revenue can only be examined by\nconsidering the nature of repair and any repair which

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

30\nand 31 this issue and has confirmed his finding, he has confirmed 10%\nof the overall disallowance being treated as capital in nature and has\nallowed 90% of the disallowance and has given part relief. We note that\nwhether the expenditure is capital or revenue can only be examined by\nconsidering the nature of repair and any repair which

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

30, and 31 have confirmed my\nfindings. Therefore following my findings and adjudication for the A.Ys\n2010-11 and 2011- 12, as well as respectfully bound by the orders of the\nHon'ble ITAT for the A.Ys 2010-11 and 2011-12, in this year also this\nground is partly allowed, meaning thereby that 10% of the overall disallowance\nremains

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

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

30 per cent of its book profits as shown in its own accounts. For the said purpose, section 115J makes the income reflected in the companies' books of account as deemed income for the purpose of assessing the tax. If one examines the said provision in the above background, one notices that the use of the words 'in accordance with

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

30 per cent\nof its book profits as shown in its own accounts. For the said purpose,\nsection 115J makes the income reflected in the companies' books of account\nas deemed income for the purpose of assessing the tax. If one examines the\nsaid provision in the above background, one notices that the use of the\nwords 'in accordance with

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

30 per cent\nof its book profits as shown in its own accounts. For the said purpose,\nsection 115J makes the income reflected in the companies' books of account\nas deemed income for the purpose of assessing the tax. If one examines the\nsaid provision in the above background, one notices that the use of the\nwords 'in accordance with

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

SEEMA SUREKA,KOLKATA vs. DCIT, CENTRAL CIRCLE - 3(3), KOLKATA

Appeal of the assessee is partly allowed

disallowed by\nupholding that the father did not come under the definition of relatives. The\nsubmission of the assessee is that family was HUF and each of HUF family\nmembers have a separate legal status so the father should be considered as a\nrelative. In this aspect we have gone through the cited decision filed by the\nassessee passed

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

section 115JB of the\nAct is a self-contained code and only the disallowances mentioned in\nthe explanation could have been made. Further, clause (f) of\nExplanation 1 to section 115JB of the Act refers to the amount or\namounts of expenditure relatable to any income to which section 10\napplies. The Ld. AO has not made any disallowance

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

section 115JB of the\nAct is a self-contained code and only the disallowances mentioned in\nthe explanation could have been made. Further, clause (f) of\nExplanation 1 to section 115JB of the Act refers to the amount or\namounts of expenditure relatable to any income to which section 10\napplies. The Ld. AO has not made any disallowance

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

BISWANATH HOSIERY MILLS LTD.,KOLKATA vs. ACIT, CIR. 4(2), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Anikesh Banerjee & Shri Rakesh Mishraassessment Year: 2017-18

10(34) of the Act by the assessee. However, the assessee had suo moto disallowed Rs.5,350/- as expenditure u/s 14A of the Act. It is pertinent to mention that the assessee had only considered its investments in the scrips of 'Mis Kamala Tea Ltd., M/s Bala Techno Synthetics Limited', 'M/s Sundaram Finance Limited', 'M/s Unispin India Limited & M/s West