I.T.O WD - 7(2),KOLKATA., KOLKATA vs. M/S WIZARD ENTERPRISES PVT LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: : Shri S.S Viswanethra Ravi

section 10A has been disallowed only on the ground that the approval to the STP has not been granted by the Inter

ITO, WARD - 8(2), KOLKATA , KOLKATA vs. M/S. WIZARD ENTERPRISE PVT. LTD., , KOLKATA

The appeals are dismissed

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godaraassessment Year: 2011-12

disallowing assessee’s section 10A deduction claim of ₹1,19,78,405/- in assessment order as reversed in CIT’s order

M/S ERNST & YOUNG LLP,KOLKATA vs. CIT-3, KOLKATA, KOLKATA

In the result the appeal of the assessee is allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am] I.T.A No. 499/Kol/2015 Assessment Year : 2010-11 M/S. Ernst & Young Pvt. Ltd. -Vs.- C.I.T., Kol-3, Kolkata Kolkata. [Pan : Aabce 9188 P] (Respondent) (Appellant) For The Appellant : Shri B.N.Bajoria, Sr.Advocate Shri D.Ghosh, Fca For The Respondent : Shri Niraj Kumar, Cit(Dr) Date Of Hearing : 15.05.2017. Date Of Pronouncement : 19.05.2017. Order Per N.V.Vasudevan, Jm This Is An Appeal By The Assessee Against The Order Dated 18.03.2015 Of Cit- Kol-3, Kolkata Passed U/S 263 Of The Income Tax Act, 1961 (Act.).

section 10A and 10AA of the Act were to be construed as deduction provision or exemption provisions and had in the course of assessment proceedings called for calculation of deduction u/s 10A and 10AA of the Act. In fact perusal of the order of assessment u/s 143(3) of the Act shows that the AO has disallowed

DCIT, CIRCLE-3, KOLKATA, DARJEELING vs. NARENDRA TEA COMPANY (P) LTD., KOLKATA

In the result, all the appeals of revenue are dismissed

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

disallowance on the ground that blending and export of tea by the assessee qualifies for benefit only after incorporation of the definition clause of ‘manufacture’ from the 2005 Act in Section 10AA of the Act. On appeal, Held “that the provisions of Section 10A

LIMTEX INFOTECH LTD.,,KOLKATA vs. ITO, WARD - 7(4), KOLKATA , KOLKATA

In the result, the appeals of the revenue are dismissed and cross objections of the assessee are allowed as stated above

Bench: Hon’Ble Shri S.S. Godara, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1368/Kol/2017 Assessment Year : 2010-11 Limtex Infotech Ltd. -Vs- Ito, Ward-7(4), Kolkata. [Pan: Aabcl 0088 R] (Appellant) (Respondent)

section 10A has been disallowed only on the ground that the approval to the STP has not been granted by the Inter

DCIT, CIRCLE - 11(1), KOLKATA, KOLKATA vs. M/S. J. J. EXPORTERS LTD., KOLKATA

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

section 92 of the Act. Therefore, if 38 M/s J.J. Exports Limited ITA No.1371 & 1372/Kol/2017 Co. No. 71 & 72/Kol/2018 the 10A and 10B unit sales goods/services to its AE, the arm`s length price should be computed. However, we note that in assessee`s case under consideration, the ld TPO has already included the sale of 10A & 10B units

DCIT, CIRCLE - 11(1), KOLKATA, KOLKATA vs. M/S. J. J. EXPORTERS LTD., KOLKATA

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

section 92 of the Act. Therefore, if 38 M/s J.J. Exports Limited ITA No.1371 & 1372/Kol/2017 Co. No. 71 & 72/Kol/2018 the 10A and 10B unit sales goods/services to its AE, the arm`s length price should be computed. However, we note that in assessee`s case under consideration, the ld TPO has already included the sale of 10A & 10B units

ALLAHABAD BANK,KOLKATA vs. ADD.CIT,RANGE-6, KOLKATA, KOLKATA

In the result the appeal of the revenue is dismissed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ] Assessment Year : 2008-09

disallowance of Rs.4,20,90,323 instead of Rs.46,20,484 as offered by the Appellant itself under section 14A in computation of the ‘Book Profit’ under section 115JB.” 32. Sec.115JB(1) of the Act provides that notwithstanding anything contained in any other provision of the Act, where in the case of an assessee, being a company, the income

ACIT, CIR-3(2), GANGTOK, SIKKIM, SIKKIM vs. M/S UNICORN INDUSTRIES,, SIKKIM

Appeal is partly allowed in above terms

Bench: Sri S.S. Godara & Sri M. Balaganesh) Assessment Year: 2010-11

disallowed the claim u/s 80IC of the Act. The assessee went in appeal before the CIT(A) who examined the manufacturing process and the relevant evidence and came to conclusion that the assessee is engaged in manufacturing process whereas finished product is distinct from raw material and allowed the deduction to the assessee u/s 80IC by holding as under

D.C.I.T./A.C.I.T., CIRCLE-3(2), GANGTOK, GANGTOK vs. M/S UNICORN INDUSTRIES, SIKKIM

Appeals are allowed

Bench: Shri S.S.Godara & Shri, M. Balaganesh

disallowed the claim u/s 80IC of the Act. The assessee went in appeal before the CIT(A) who examined the manufacturing process and the relevant evidence and came to conclusion that the assessee is engaged in manufacturing process whereas finished product is distinct from raw material and allowed the deduction to the assessee u/s 80IC by holding as under

D.C.I.T./A.C.I.T., CIRCLE-3(2), GANGTOK, SIKKIM, GANGTOK vs. M/S UNICORN INDUSTRIES, SIKKIM

Appeals are allowed

Bench: Shri S.S.Godara & Shri, M. Balaganesh

disallowed the claim u/s 80IC of the Act. The assessee went in appeal before the CIT(A) who examined the manufacturing process and the relevant evidence and came to conclusion that the assessee is engaged in manufacturing process whereas finished product is distinct from raw material and allowed the deduction to the assessee u/s 80IC by holding as under

D.C.I.T./A.C.I.T., CIRCLE-3(2), GANGTOK, SIKKIM, GANGTOK vs. M/S UNICORN INDUSTRIES, SIKKIM

Appeals are allowed

Bench: Shri S.S.Godara & Shri, M. Balaganesh

disallowed the claim u/s 80IC of the Act. The assessee went in appeal before the CIT(A) who examined the manufacturing process and the relevant evidence and came to conclusion that the assessee is engaged in manufacturing process whereas finished product is distinct from raw material and allowed the deduction to the assessee u/s 80IC by holding as under

D.C.I.T./A.C.I.T., CIRCLE-3(2), GANGTOK, SIKKIM, GANGTOK vs. M/S UNICORN INDUSTRIES, SIKKIM

Appeals are allowed

Bench: Shri S.S.Godara & Shri, M. Balaganesh

disallowed the claim u/s 80IC of the Act. The assessee went in appeal before the CIT(A) who examined the manufacturing process and the relevant evidence and came to conclusion that the assessee is engaged in manufacturing process whereas finished product is distinct from raw material and allowed the deduction to the assessee u/s 80IC by holding as under

ACIT, CIT-2(1), KOLKATA, KOLKATA vs. M/S BNK E SOLUTION PVT. LTD., KOLKATA

In the result, the appeal by the Revenue is dismissed and the C

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am]

section 10A of the Act was deduction provision and he accordingly computed the deduction u/s 10A of the Act as follows :- “ Since no divisible income is assessed after set off of brought forward business loss, brought forward unabsorbed depreciation and brought forward depreciation, deduction for an amount of Rs.3,22,18,140/- which was erroneously allowed u/s 10A

AMBO EXPORTS LTD.,KOLKATA vs. DCIT, CEN, CIR-3(4), KOLKATA, KOLKATA

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

Bench: Shri M. Balaganesh, Am & Shri S. S. Viswanethra Ravi, Jm]

section 10A for a particular year cannot be disallowed unless relief granted for the first assessment year in which the claim

ITO, WD-43(3), KOLKATA, KOLKATA vs. VIPUL GUPTA, KOLKATA

In the result, appeal of revenue is dismissed

Bench: Shri P.M. Jagtap & Shri A. T. Varkey, Jm]

section 10A of the Act. Hence we find no infirmity in the impugned orders of the Ld.CIT(A) in deleting the disallowance

D.C.I.T CC - XXIII,KOLKATA., KOLKATA vs. M/S SINGHAL ENTERPRISES PVT LTD., KOLKATA

In the result, both appeal of Revenue stand allowed

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

disallowed as per provision of sec. 80AC of the IT Act. The AO has not considered the abnormal circumstances which prevent to file return in time and AO may be directed to allow deduction considering the abnormal condition assessee was faced for sake of natural justice. 2. That the AO was wrong in charging interest u/s. 234A, 234B & 234C

ACIT, LTU - 2, KOLKATA , KOLKATA vs. M/S. UCO BANK, KOLKATA

In the result, appeal of the Revenue is dismissed

Bench: Shri S. S. Godara, Jm & Dr. A.L. Saini, Am Vs. M/S Uco Bank Acit, Ltu-2, Kolkata 10, Btm, Sarani, Kolkata – 700001. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacu3561B .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

disallowance of Rs.31,35,91,170/- made by the Assessing Officer u/s 14A r.w.r 8D of the Rules. Therefore, grounds raised by the Revenue are dismissed. 13. Ground Nos.6 & 7 relates to book profit adjustment u/s 115JB of the Act. The Ld. CIT (A)-11, erred in law and on facts by holding that the provision of section 115JB