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

13 December 2017] is enclosed at pages 29-30 of the CTCL. The Appellant has always disallowed the direct expenses incurred by it for the purposes of earning exempt income. Additionally, the Appellant also suo motu disallows a portion of the expenses pertaining to managerial/staff time spent on investments and/or portfolio related work. The computation of the disallowance made

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

13 December 2017] is enclosed at pages 29-30 of the CTCL. The Appellant has always disallowed the direct expenses incurred by it for the purposes of earning exempt income. Additionally, the Appellant also suo motu disallows a portion of the expenses pertaining to managerial/staff time spent on investments and/or portfolio related work. The computation of the disallowance made

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

disallowance under clause (iii) of Rule\n8D of the IT Rules read with section 14A of the Act at ₹31,58,93,400/-.\n7.3 The Ld. CIT(A) deleted the addition by observing as under:\n“6.1.3 Against the aforesaid decision the appellant filled Miscellaneous\npetition. The Honourable ITAT has decided the case on 05-04-2017 the\ncontent

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

disallowance under clause (iii) of Rule\n8D of the IT Rules read with section 14A of the Act at ₹31,58,93,400/-.\n7.3 The Ld. CIT(A) deleted the addition by observing as under:\n“6.1.3 Against the aforesaid decision the appellant filled Miscellaneous\npetition. The Honourable ITAT has decided the case on 05-04-2017 the\ncontent

INDIAN CHAMBER OF COMMERCE. ,KOLKATA vs. DCIT, CIR-1(1), (EXEMPTION), KOLKATA

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

Bench: Shri Rajpalyadav, Vice-(Kz) & Shri Rajesh Kumar]

Section 11(4), 11(4A), 13(8) and Circular No. 11 of 2008, alleged that the meetings, conferences and seminars held by the assessee were in the nature of business and the assessee has rendered services in relation to trade, commerce and business for a cess, fee or any other consideration and thus has earned profit from these activities

INDIAN CHAMBER OF COMMERCE,KOLKATA vs. DCIT,CIR-1(1), (EXEMPTION), KOLKATA. , KOLKATA

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

Bench: Shri Rajpalyadav, Vice-(Kz) & Shri Rajesh Kumar]

Section 11(4), 11(4A), 13(8) and Circular No. 11 of 2008, alleged that the meetings, conferences and seminars held by the assessee were in the nature of business and the assessee has rendered services in relation to trade, commerce and business for a cess, fee or any other consideration and thus has earned profit from these activities

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

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

Section 14A to respective amounts offered by the\nassessee in its returns, ignoring the revised figures of disallowances\noffered by the assessee during the course of appeal proceedings. This\nfinding is also in accordance with the decision of the Hon'ble Supreme\nCourt in Maxopp Investment Ltd. Vs. CIT [2018] 402 ITR 640 (SC),\nparas

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

Section 14A to respective amounts offered by the\nassessee in its returns, ignoring the revised figures of disallowances\noffered by the assessee during the course of appeal proceedings. This\nfinding is also in accordance with the decision of the Hon'ble Supreme\nCourt in Maxopp Investment Ltd. Vs. CIT [2018] 402 ITR 640 (SC),\nparas

ACIT-6(2), KOLKATA vs. M/S NATIONAL INSURANCE CO.LTD., KOLKATA

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

Bench: Sri Rajpal Yadav & Dr. Manish Borad

13. Ground no. 6 relates to the consideration of disallowance u/s 14A of the Act for the purpose of computing book profit of the assessee. We find that this issue has been dealt by this Tribunal for AY 2014-15 in ITA No. 1876/KOL/2017 dated 29.05.2019 and the finding of this Tribunal reads as follows: “6. As regards the issue

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

Section 14A to respective amounts offered by the\nassessee in its returns, ignoring the revised figures of disallowances\noffered by the assessee during the course of appeal proceedings. This\nfinding is also in accordance with the decision of the Hon'ble Supreme\nCourt in Maxopp Investment Ltd. Vs. CIT [2018] 402 ITR 640 (SC),\nparas

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- V (I), KOLKATA vs. BIRLA CORPORATION LIMITED, BIRLA BUILDING

In the result, both the appeals of the revenue is dismissed, as also the cross objection filed by the assessee for both the years

Bench: SHRI SONJOY SARMA, JUDICIAL MEMBER SHRI SANJAY AWASTHI (Accountant Member)

13 dealt with this issue of disallowance u/s 14A of the Act and decided in assessee’s favour observing as follows: “15. We have heard rival contentions and perused the records placed before us. The sixth common ground of the department’s appeal relates to disallowance under section

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

Section 14A to respective amounts offered by the\nassessee in its returns, ignoring the revised figures of disallowances\noffered by the assessee during the course of appeal proceedings. This\nfinding is also in accordance with the decision of the Hon'ble Supreme\nCourt in Maxopp Investment Ltd. Vs. CIT [2018] 402 ITR 640 (SC),\nparas

NAGREEKA FOILS LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 6(3), KOLKATA

In the result, all the three appeals filed by the assessee for AYs\n2010-11, 2011-12 & 2013-14 are allowed

section 14A\nr.w.r 8D of the I.T. Rules, 1962\n: Rs. 95,85,590/-\nb) Disallowance u/s 40a(ia) of the Act\n: Rs. 2,13

NEW INDIA RETAILING & INVESTMENT LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 5(1), KOLKATA, KOLKATA

In the result, the appeal filed by the assessee is allowed

Bench: Sri Sonjoy Sarma & Sri Sanjay Awasthi

disallowance under section 14A had to be made, is binding on the revenue authority, had no merit. [Para 12] ■ No illegality or perversity could be demonstrated by the Revenue in the aforesaid findings recorded by the Tribunal. [Para 13

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

section 14A of the Act confirmed by the ld. CIT(A). We notice that the impugned disallowance consists of two amounts, one is the interest disallowance under Rule 8D(2)(ii) and other is expenditure disallowance under Rule 8D(2)(iii) r.w.s. 14A of the Act. So far as the interest disallowance is concerned, the ld. Counsel for the assessee

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

section 14A of the Act confirmed by the ld. CIT(A). We notice that the impugned disallowance consists of two amounts, one is the interest disallowance under Rule 8D(2)(ii) and other is expenditure disallowance under Rule 8D(2)(iii) r.w.s. 14A of the Act. So far as the interest disallowance is concerned, the ld. Counsel for the assessee