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

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

disallowance is governed as per the provisions detailed in section 14A of the Income Tax Act and in Rule 8D of the Income Tax Rules. The charging of Capex charges for management services and offering it to tax is correct, but has no relation with the provision enumerated in section 14A." 7.5 The Ld. AR in this regard has submitted

UNIWORTH LIMITED ,KOLKATA vs. ACIT, CIRCLE - 11, KOLKATA , KOLKATA

In the result, appeals filed by the assessee in ITA No

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

disallowance in one year will complicate the issue in other years also. The assessee also submitted before AO that reopening was also wrong regarding Assessment Years: 2003-04, 2004-05 & 2005-06 the non-accounting of income on loan since whether interest is to be charged or not on a loan is a business decision to be taken by Management

UNIWORTH LIMITED ,KOLKATA vs. DCIT, CIRCLE - 11, KOLKATA , KOLKATA

In the result, appeals filed by the assessee in ITA No

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

disallowance in one year will complicate the issue in other years also. The assessee also submitted before AO that reopening was also wrong regarding Assessment Years: 2003-04, 2004-05 & 2005-06 the non-accounting of income on loan since whether interest is to be charged or not on a loan is a business decision to be taken by Management

UNIWORTH LIMITED ,KOLKATA vs. DCIT, CIRCLE - 11, KOLKATA , KOLKATA

In the result, appeals filed by the assessee in ITA No

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

disallowance in one year will complicate the issue in other years also. The assessee also submitted before AO that reopening was also wrong regarding Assessment Years: 2003-04, 2004-05 & 2005-06 the non-accounting of income on loan since whether interest is to be charged or not on a loan is a business decision to be taken by Management

GRAPHITE INDIA LTD.,KOLKATA vs. PR.CIT-4, KOLKATA

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

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumar

disallowance u/s 14A would be made. Thus in the light of above, Central Board of Direct Taxes, in exercise of its powers under section 119

ACIT, CIRCLE - 7, KOLKATA, KOLKATA vs. C.D. EQUIFINANCE PVT. LTD., KOLKATA

In the result, all the appeals filed by the Revenue are dismissed, while the appeal of the assessee is allowed

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

119 41. In my opinion the said interest of Rs.28,84,937/- represents interest paid on borrowed capital which used for acquiring investments in shares which yielded the appellant tax exempt dividend and capital gains income and therefore the same was disallowable u/s 14A of the Act. As regards administrative expenses I find that the aggregate administrative expenses were only

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

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

disallowance is governed as per the provisions detailed in section 14A of the Income Tax Act and in Rule 8D of the Income Tax Rules. The charging of Capex charges for management services and offering it to tax is correct, but has no relation with the provision enumerated in section 14A." 7.5 The Ld. AR in this regard has submitted

SREELEATHERS LIMITED,KOLKATA vs. D.C.I.T., CIRCLE - 8(2),, KOLKATA

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Rajesh Kumar

119 of the Act clarifies that Rule 8D read with section 14A of the Act provides for disallowance of the expenditure

I.T.O WD - 4(1),KOLKATA, KOLKATA vs. M/S RAIMA PROJECT, KOLKATA

In the result, the appeal of the Revenue as well as the Cross

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

119/-, the Assessing Officer finally made a disallowance to that extent thereby making addition of Rs.57.68 lakhs. 4. The addition made by the Assessing Officer by way of a further disallowance made under section

ACIT, CIRCLE - 52, KOLKATA, KOLKATA vs. SHRI SUBHOTOSH MAJUMDER, KOLKATA

In the result, the appeals of revenue are dismissed

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

disallowance can be made under section 40(a)(i) where law relating to tax deduction at source is retrospectively amended or circular in that behalf is subsequently withdrawn. 10. Ld. Counsel also argued the factual aspect that the revenue sought to invoke section 9(1)(i) of the Act but having failed, shifted ground and sought to invoke Section

DCIT,CIRCLE-52, KOLKATA, KOLKATA vs. SRI SUBHOTOSH MAJUMDER . S. JAMUMBDER &CO,, KOLKATA

In the result, the appeals of revenue are dismissed

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

disallowance can be made under section 40(a)(i) where law relating to tax deduction at source is retrospectively amended or circular in that behalf is subsequently withdrawn. 10. Ld. Counsel also argued the factual aspect that the revenue sought to invoke section 9(1)(i) of the Act but having failed, shifted ground and sought to invoke Section

ACIT, CIRCLE - 52, KOLKATA, KOLKATA vs. SHRI SUBHOTOSH MAJUMDAR, KOLKATA

In the result, the appeals of revenue are dismissed

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

disallowance can be made under section 40(a)(i) where law relating to tax deduction at source is retrospectively amended or circular in that behalf is subsequently withdrawn. 10. Ld. Counsel also argued the factual aspect that the revenue sought to invoke section 9(1)(i) of the Act but having failed, shifted ground and sought to invoke Section

M/S. ELCON ESTATE PVT. LTD.,KOLKATA vs. I.T.O., WARD - 13(1), KOLKATA

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

disallow the appellant's claim for the benefit of Section 115BBA\nwhen processing the return under Section 143(1) of the Act.\n8.6 Further, it is noted that Section 119

DCIT, CIR-5(1), KOLKATA, KOLKATA vs. M/S. PROFICIENT COMMODITIES PVT. LTD., KOLKATA

In the result, the cross objection filed by the assessee in CO No

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1346/Kol/2016 ("नधा"रणवष" / Assessment Year:2012-13)

disallowance was based on the information received from the Forward Markets Commissions(FMC) through I&CI wing that the assessee company had taken accommodation entries in form of bogus losses through NMCE and the same was independently adjudicated. 2. Whether on the facts and in the circumstances of the case the Ld. CIT(A) has erred in deleting the addition

M/S TATA MEDICAL CENTRE TRUST,KOLKATA vs. CIT(EXEMPTION), KOLKAA

In the result, the appeal of the assessee is allowed

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

disallowing the application of income of INR 3933.05 lakhs towards addition to fixed assets and capital work-in progress solely on the assumption that there existed separate earmarked- funds and the assessee had used those instead of non- earmarked funds or general income. 2.4. The Ld. CIT(E) grossly erred in directing the AO to make an addition

AKHIL BHARATVARSHIYA CH KSH MAHASABHA,KOLKATA vs. CENTRALIZED PROCESSING CENTRE (CPC), , BENGALURU

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

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 380/Kol/2025 Assessment Year: 2022-2023 Akhil Bharatvarshiya Ch Ksh Mahasabha,..Appellant C/O. Agarwal Vishwanath & Associates, 133/1/1A, S.N. Banerjee Road, Pushkal Bhawan, 3Rd Floor, Kolkata-700013, West Bengal [Pan:Aaaaa8373R] -Vs.- Centralized Processing Centre (Cpc),……...Respondent Bengaluru, Income Tax Department, Post Box No. 1, Electronic City Post Office, Bengaluru-560100 Appearances By: Shri Deep Agrawal, A.R. & Shri Subhankar Ghosh, A.R., Appeared On Behalf Of The Assessee Shri Somnath Das Biswas, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: May 19, 2025 Date Of Pronouncing The Order: July 28, 2025 O R D E R

disallowance of exemption under section 11 and 12 legally unsustainable. (4) That the Ld. CIT(A) erred in dismissing the appeal on account of a delay of 243 days, without appreciating that the delay was due to genuine reasons, including the appellant’s lack of awareness of the requirement to re-register and the subsequent efforts taken to rectify

APEEJAY SHIPPING LIMITED,KOLKATA vs. DCIT, CIRCLE - 9(1), KOLKATA, KOLKATA

In the result, this ground for both the assessment years are allowed

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi]

119 of the Act hereby clarifies that Rule 8D read with section 14A of the Act provides for disallowance of the expenditure

APEEJAY SHIPPING LIMITED,KOLKATA vs. DCIT, CIR-9(1)KOL., KOLKATA

In the result, this ground for both the assessment years are allowed

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi]

119 of the Act hereby clarifies that Rule 8D read with section 14A of the Act provides for disallowance of the expenditure