PANCHI BIBI WAKF ESTATE,KOLKATA vs. DDIT (E)-II, KOLKATA, KOLKATA

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

section 11(4A) of the Act. Accordingly the AO disallowed the exemption u/s.11 of the Act. 5. Aggrieved, assessee preferred

M/S. FUTURE DISTRIBUTORS,KOLKATA vs. PR.CIT, KOLKATA - 9, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

11 is debited only with the purchase value of Lottery Tickets in the said sum of Rs.1393,22,38,446/-, and not with any commission and/or any prize payable on the lottery tickets, we say and submit that there was no requirement of any deduction of tax at source either under section 194G and/or section 194G of the said

LAKSHMI TRUST,KOLKATA vs. ITO, (E) - II, KOLKATA, KOLKATA

In the result, the appeals of the assessees are treated as partly allowed as indicated above

Bench: Shri P.M. Jagtap

section 11; and (iii) donations aggregating to Rs.14,050/- were disallowed. I.T.A. Nos. 382, 383, 384, 385, 386 & 396/KOL./2014

ORIENTAL CHARITABLE FOUNDATION,KOLKATA vs. CIT(EXEMPTIONS), KOLKATA

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

Bench: Shri Rajpal Yadav & Shri Rakesh Mishraassessment Year: 2017-18

disallowing application of income of Rs.66,67,929/- which was made out of income of the trust for the instant year on the ground that said income represent Capital gains and hence cannot be utilised for the purpose of charitable activities. The Ld. CIT (Exemption), Kolkata has erred in coming to conclusion that in terms of Section 11

DCIT, CIRCLE - 8(1), KOLKATA, KOLKATA vs. M/S. ASHIANA HOUSING LIMITED , KOLKATA

In the result, the appeal filed by the Revenue stands dismissed and the appeal filed by the assessee stands partly allowed for statistical purposes

Bench: The Cit-A. The Cit-A By Placing His Reliance On An Order Of Kolkata Bench (Itat, Kolkata) In The Case Of Rei Agro Ltd Reported In (2013) 144 Itd 141 (Kolkata-Trib) Directed The Ao To Verify The Details Of Investment Filed Before Him & To Compute The Expenditure Accordingly In Terms Of Investment, Which Yielded Exempt Income.

disallowed an amount of Rs. 1,03,67,422/- under Rule 8D(2)(ii) and 8D(2)(iii) of Rs.30,07,706/- (Rs.50,19,372 – Rs.20,11,666 and totaling to Rs. 1,33,75,128/- u/s. 14A r.w.r 8D and added the same to the total income of assessee. The assesse 1 I.T.A No. 2271/Kol/2017 M/s. Ashiana Housing Limited

DDIT (E) - I,KOLKATA, KOLKATA vs. SASHA ASSOCIATION FOR CRAFT PRODUCTS, KOLKATA

In the result, Revenue’s appeal stands dismissed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year :2008-09 Ddit(E)-I, 5Th Floor, V/S. Sasha Association For 10B, Middleton Row, Craft Products Kolkata-700 071 Ic, Chahatu Babu Lane, Kolkata-700 014 [Pan No.Aabts 5580 N] .. अपीलाथ" /Appellant ""यथ"/Respondent

disallowed the exemption benefit available to the assessee in Section 11 of the Act for the ITA No.914/Kol/2013 A.Y. 2008-09 DIT(E)- Kol. v. Sasha

DCIT(EXAMPTION), CIRCLE - 1(1), KOLKATA, KOLKATA vs. MAA SARASWATI GYAN MANDIR EDUCATION SOCIETY , KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Shri A.T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2002/Kol/2017 (िनधा"रणवष" / Assessment Year: 2012-13) Dcit(Exemption), Circle- Vs. Maa Saraswati Gyan Mandir 1(1), Kolkata

section 11(1) of the Act, therefore, AO disallowed the depreciation claim of Rs.2,84,67,351/-. 5. On appeal

HINDUSTAN MOTORS LIMITED,KOLKATA vs. DCIT, CIRCLE - 6, KOLKATA, KOLKATA

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

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

disallowance of Rs.2,11,27,261/- under section 14A read with Rule 8D. 4. The disallowance made by the Assessing

M/S. SAHARA UTSARGA WELFARE SOCIETY ,KOLKATA vs. DCIT(E), CIRCLE - 1 , KOLKATA

In the result, appeal of the assessee is allowed

Bench: Sri J. Sudhakar Reddy, Hon’Ble & Shri Satbeer Singh Godara, Hon’Ble) [Virtual Court Hearing] Assessment Years: 2011-12 M/S. Sahara Utsrga Welfare Society…………………….................................………………...…......Appellant Michael Nagar Kalibari Sarani Kolkata – 700 133 [Pan : Aadts 6744 E] Vs. Deputy Commissioner Of Income Tax (E), Circle-1, Kolkata………….........….……....…....Respondent Appearances By: Shri A.K. Tulsiyan, Ca, Appeared On Behalf Of The Assessee. Smt. Ranu Biswas, Addl. Cit, D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : October 21St, 2020 Date Of Pronouncing The Order : January 8Th, 2021 Order Per J. Sudhakar Reddy, Am :-

Section 11 of the Act. 4. Consistent with the view taken therein, we allow this claim of the assessee. Consistent with the view taken therein, we allow this claim of the assessee. Consistent with the view taken therein, we allow this claim of the assessee. 5. Ground No. 2 is against the ld. CIT(A) confirming the disallowance

DCIT, CIRCLE - 6(1), KOLKATA, KOLKATA vs. M/S. INTEGRATED COAL MINING LIMITED, KOLKATA

Appeal is partly allowed in above terms

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2010-11 Dcit, Circle-6(1), V/S. M/S Integrated Coal P-7, Chowringhee Mining Ltd., 6, Church Square, Kolkata-69 Lane, 1Ste Floor, Kolakta-700001 [Pan No.Aaaci 5584 L] .. अपीलाथ" /Appellant ""यथ"/Respondent Dr. P.K. Srihari, Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri Diparun Mukherjee, Aca & ""यथ" क" ओर से/By Respondent Shri Alolk Goenka, Aca 15-01-2019 सुनवाई क" तार"ख/Date Of Hearing 15-03-2019 घोषणा क" तार"ख/Date Of Pronouncement

disallowance made under section 14A of the Act by holding as under: "11 ... We find from the facts of the instant

D.C.I.T CIR - 10,KOLKATA, KOLKATA vs. M/S PHILLIPS CARBON BLACK LTD, KOLKATA

In the result, the appeals of Revenue in ITA 2123/Kol/13 and ITA

Bench: : Shri P.M.Jagtap & Shri S.S. Viswanethra Ravi

11 or section 12 apply". Under the provisions of section 14A no 'deduction is to be allowed in respect of' expenditure incurred by the assessee in relation to income which does not form part of total income under this Act. Since the issue of expenditure related to dividend income, falling under section 10 it is clear that the two provisions

ACIT, CIRCLE-3, KOLKATA, KOLKATA vs. M/S TATA METALICS LTD., KOLKATA

In the result, all the four appeals of the Revenue are dismissed, while all the four appeals of the assessee are treated as partly allowed as indicated above

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

disallowed the claim of the assessee for deduction on account of leave encashment on provision basis on the ground that deduction on account of leave encashment could be allowed only on payment basis as per clause (f) of section 43B. He also took note of the interim order passed by the Hon’ble Supreme Court in the case of Exide

VIDYA BHARATI SOCIETY FOR EDUCATION & SCIENTIFIC ADVANCEMENT,KOLKATA vs. ACIT(EXEMPTION) CIRCLE - 1(1), KOLKATA , KOLKATA

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

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

Section 11(1)(a) of the Act. The view taken by the Assessing Officer in disallowing the depreciation which was claimed

ST JOSEPH'S CONVENT CHANDANNAGAR EDUCATINAL SOCITY.,KOLKATA vs. J.C.I.T. (OSD), CIR- 2,HOOGHLY, HOOGHLY

In the result, the appeal of the assessee is allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am]

section 13(1)(c ) (ii) of the Act and upheld the order of the Learned AO in denying exemption u/s 11 of the Act on the entire surplus of the assessee and disallowing

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 under Section 14A of the Act of Rs.54,50,26,415. 11. The AO computed the disallowance under Rule

LEBONG INVESTMENTS PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE-11, KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2009-10

section 14A read with rule 8D which is not permissible under the provisions of law. It is because the total expenses claimed by the assessee are much lesser than the expenses disallowed by the lower authorities. This act clearly shows that no regard was given to the books of accounts of the assessee. We find that

ONKAR SOCIETY FOR ENGINEERING & TECHNOLOGICAL ,KOLKATA vs. ACIT, CIR. 2, DURGAPUR

In the result, the appeal of the assessee is allowed

Bench: Shri Sanjay Gargshri Rakesh Mishra

11 of the Act. Accordingly, the assessment order passed by the AO was found to be erroneous and prejudicial to the interest of the Revenue and, therefore, it was proposed to review the assessment order under section 263 of the Act and notice under section 263 dated 2 I.T.A. No. 815/Kol/2024 Onkar Society for Engineering & Technological Research & Development

TEGA INDUSTRIES LTD.,KOLKATA vs. DCIT, CIRCLE - 12(2), KOLKATA, KOLKATA

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

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Manish Borad

disallowance under section 14A of the Act. To this extent, the relevant grounds raised in Grounds No. 2.1 to 2.4 are allowed. 11