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

12. Thus the issue in this appeal is with reference to invoking of provisions of section 14A(2) and Rule 8D. The Hon'ble Bombay High Court while upholding the constitutional validity of the section 14A and Rule 8D has this to observe with reference to sub section 2 & 3 of section 14A: “Sub-sections (2) and (3) of section

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

12 I.T.A. No. 171/KOL./2012 Assessment year: 2008-2009 Page 5 of 10 Taxman.com.227), he confirmed the disallowance made by the Assessing Officer under section

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

disallowable under year and remaining for furnishing the section 43B of the outstanding as on the return of income of Income tax Act, last day of the the previous year 1961 (Rs) previous year (Rs) under section 139(1) (Rs) RE Cess PE cess Re Cess PE cess `RE cess PE cess RE cess PE cess

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

disallowance made under section 14A by the Assessing Officer to the I.T.A. Nos. 956 & 737/KOL./2012 Assessment years 2005-2006 & I.T.A. Nos. 957 & 738/KOL/2012 Assessment Year : 2006-2007 & I.T.A. Nos. 958 & 739/KOL/2012 Assessment Year : 2007-2008 & I.T.A. Nos. 959 & 740/KOL/2012 Assessment Year : 2008-2009 Page 12

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

disallowed under section 14A of the Act. 12. The AO computed disallowance under Rule 8D(2)(iii) of the Rules

M/S HINDUSTAN COPPER LTD.,KOLKATA vs. DCIT, LTU-1, KOLKATA, KOLKATA

In the result, appeal of the assessee is treated as allowed for statistical

Bench: Shri P.M. Jagtap, Hon’Ble Vice-, Kz & Shri Partha Sarathi Chaudhury, Hon'Ble) Assessment Year: 2012-13 Hindustan Copper Ltd…………………………………………………………………………………………….………….…Appellant Tamra Bhavan 1, Ashutosh Choudhury Avenue Kolkata - 700 019 [Pan: Aaach 7409 R] Vs. Deputy Commissioner Of Income Tax, Ltu-1, Kolkata………………………………………...……….……Respondent Assessment Year: 2012-13 Asstt. Commissioner Of Income Tax, Ltu-1, Kolkata………............................................................Appellant Vs. Hindustan Copper Ltd…………………………………………………………………………………………………….....Respondent Tamra Bhavan 1, Ashutosh Choudhury Avenue Kolkata - 700 019 [Pan: Aaach 7409 R] Appearances By: Shri Sanjay Bhattacharya, Fca, Appeared On Behalf Of The Assessee. Shriamol Sudhirkamat. C1T, D/R & Shri Biswanath Das, Addl. Cit, D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing: November 11Th, 2021 Date Of Pronouncing The Order: November 17Th , 2021

Section 37(1), he made a disallowance of Rs.4,48,12,000/ on the Explanation 2 to Section 37(1), he made

A.C.I.T.,CIRCLE-1, LTU, KOLKATA vs. M/S HINDUSTAN COPPER LIMITED , KOLKATA

In the result, appeal of the assessee is treated as allowed for statistical

Bench: Shri P.M. Jagtap, Hon’Ble Vice-, Kz & Shri Partha Sarathi Chaudhury, Hon'Ble) Assessment Year: 2012-13 Hindustan Copper Ltd…………………………………………………………………………………………….………….…Appellant Tamra Bhavan 1, Ashutosh Choudhury Avenue Kolkata - 700 019 [Pan: Aaach 7409 R] Vs. Deputy Commissioner Of Income Tax, Ltu-1, Kolkata………………………………………...……….……Respondent Assessment Year: 2012-13 Asstt. Commissioner Of Income Tax, Ltu-1, Kolkata………............................................................Appellant Vs. Hindustan Copper Ltd…………………………………………………………………………………………………….....Respondent Tamra Bhavan 1, Ashutosh Choudhury Avenue Kolkata - 700 019 [Pan: Aaach 7409 R] Appearances By: Shri Sanjay Bhattacharya, Fca, Appeared On Behalf Of The Assessee. Shriamol Sudhirkamat. C1T, D/R & Shri Biswanath Das, Addl. Cit, D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing: November 11Th, 2021 Date Of Pronouncing The Order: November 17Th , 2021

Section 37(1), he made a disallowance of Rs.4,48,12,000/ on the Explanation 2 to Section 37(1), he made

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, there is no question of disallowing the amounts invoking Rule8D. Therefore, the CIT(A)’s direction on this is set aside and the additions so made by the A.O. in the computation of business income is deleted. Ground is considered allowed.” ITA No.2652/Kol/2013 A.Y. 2009-10 Lebong Investments Pvt. Ltd. Vs. DCIT, Cir-11, Kol. Page 12

D.C.I.T CIR - 1,KOLKATA, KOLKATA vs. M/S TEENLOK ADVISORY SERVICES PVT LTD, MUMBAI

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

Bench: Shri P.M. Jagtap & Shri N.V. Vasudevan

disallowance of expenditure under section 14A in relation to such income is automatic. He contended that even the word ‘investment’ used in Rule 8D refers to the making of purchase of shares and when the dividend earned on such shares is exempt, the provisions of section 14A read with Rule 8D are clearly applicable. 12

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. Thus Ground No. 3 raised by the assessee is allowed. 12. In the result

ACIT, CIRCLE - 5(2), KOLKATA , KOLKATA vs. M/S. HINDUSTHAN NATIONAL GLASS & INDUSTRIES LTD., , KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Justice P.P. Bhatt & Shri P.M. Jagtap, Vice-

12. The aforesaid decision rendered by the Tribunal in assessee’s own case for A.Y. 2012-13 was subsequently followed by the Tribunal to delete the similar disallowance made on account of interest under section

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

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

KRISHI RASAYAN EXPORTS PVT. LTD.,KOLKATA vs. ACIT, RANGE-12, KOLKATA, KOLKATA

In the result, the appeals of the assessee being

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

12,886/- being disallowance under section 14A while computing book profits under section 115JB [Case-Goetz India Ltd. –vs.- CIT (2009) SOT 101 (Delhi

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 section 12 of the Income Tax Act, 1961, amounting to Rs.25,13,870/-, solely

M/S RECKITT BENCKISER (I) LTD.,KOLKATA vs. JCIT, R-12, KOLKATA, KOLKATA

In the result, both the appeals of the assessee are partly allowed while both the appeals of the revenue are dismissed

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

section 41 of the Act. Hence, there will be no loss to the revenue on that account also. In view of the aforesaid we submit that no disallowance is warranted in respect of the impugned provision of Rs.199,003,162/-“. 12

UNITED BANK OF INDIA,KOLKATA vs. ACIT, LTU - 1, KOLKATA, KOLKATA

Appeal is partly allowed in above terms

Bench: Shri S. S. Godara, Jm & Dr. A. L. Saini, Am आयकर अपीलसं/I.T.A No.75/Kol/2018 ("नधा"रण वष" / Assessment Year: 2012-13) United Bank Of India Vs. Acit, Ltu-1, Kolkata. 16, Old Court House Street, Kol-1. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaacu5624P (Appellant) .. (Respondent) Appellant By : Shri Soumitra Choudhury, Advocate Respondent By : Shri Vijay Shankar, Cit सुनवाई क" तार"ख/ Date Of Hearing : 24/02/2020 घोषणा क" तार"ख/Date Of Pronouncement : 28/02/2020 आदेश / O R D E R Per Shri S. S. Godara: This Assessee’S Appeal For Assessment Year 2012-13 Arises Against The Commissioner Of Income Tax - 23, Kolkata’S Order Dated 08.06.2017 Passed In Case No.06/Cit(A)-23/L.T.U-1/16-17 Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961 (In Short ‘The Act’). Heard Shri Soumitra Choudhury, Learned Authorized Representative For Assessee & Shri Vijay Shankar, Cit-Dr Appearing At The Revenue’S Behest. 2. The Assessee’S First Substantive Grievance Challenges Correctness Of Both The Lower Authorities’ Action Disallowing Club Entrance Fees Of Rs.97,794/- In The Course Of Assessment Affirmed In The Lower In The Lower Appellate Proceedings. The Assessee Herein Is Admittedly A Bank Which Claimed The Impugned Expenditure As An Allowable Deduction Under Revenue Head. The Assessing Officer’S Assessment Order Dated 25.02.2015 Held The Same To Be Capital Expenditure Than Revenue In Nature. The Cit(A) Has Confirmed The Impugned Disallowance.

section 35D amortization of expenses disallowance of Rs.1,12,60,000/- in the two impugned assessment years. We thus treat

M/S GHOSH & CHAKRABORTY TRANSPORT,BURDWAN vs. THE ITO, WD-2(1), ASANSOL, ASANSOL

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

Bench: Shri P.M. Jagtap

12, 2017 O R D E R This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals), Asansol dated 16.02.2015. 2. The issue involved in Ground No. 1 relates to the disallowance of Rs.29,38,990/- made by the Assessing Officer under section