M/S MERINO INDUSTRIES LTD.,KOLKATA vs. PCIT-2, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Pcit-2, M/S Merino Panel Products Ltd. Aaykar Bhavan, Chowringhee 5, Alexandra Court, 601/1, Chowringhee Road, Kolkata- Square, Kolkata-700069, Vs. 700020, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aabcm5672Q Pcit-2, M/S Merino Industries Ltd. Aaykar Bhavan, Chowringhee 5, Alexandra Court, 601/1, Chowringhee Road, Kolkata- Square, Kolkata-700069, Vs. 700020, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aaacc9186C Assessee By : Shri Shyam Sundar Jha, Ar Revenue By : Shri Subhendu Datta, Dr Date Of Hearing: 05.02.2025 Date Of Pronouncement : 24.02.2025

disallowed and added back in terms of Explanation 2 to Section 37(1) of the Act. In terms of Section 135

SREI EQUIPMENT FINANCE LIMITED,KOLKATA vs. DCIT, CIRCLE 11(1), , KOLKATA

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

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Srei Equipment Finance Commissioner Of Income-Tax Limited (Appeals), 86C, Vishwakarma, National Faceless Appeal Vs. Topsia Road (South), Topsia, Centre, Delhi Kolkata-700046 (Appellant) (Respondent) Pan No. Aakcs3431L Assessee By : Shri S.K. Tulsiyan & Miss Lata Goyal, Ars Revenue By : Shri Sanat Kumar Raha, Dr Date Of Hearing: 14.08.2025 Date Of Pronouncement: 15.09.2025

disallowance of deduction under Section 80G of the Act. In the Srei Equiptment Finance Limited; A.Y. 2018-19 financial year 2014-15, the assessee has incurred expenditure of Rs.4,72,00,024/- to meet the CSR (Corporate Social Responsibility) as per Policy formulated under Section 135

DCIT, CIRCLE - 8, KOLKATA, KOLKATA vs. M/S. TATA RYERSON LIMITED, KOLKATA

In the result, both appeals of Revenue are dismissed and that of assessee’s appeal is partly allowed for statistical purpose and CO of assessee is dismissed as infructuous

Bench: Shri Waseem Ahmed & Shri K.Narasimha Charyassessment Year:2006-07

Section 14A (1) and 14A(2) read with rule 8D. Reliance in this regard is placed on the decision of Hon'ble Kolkata Tribunal in the Company's own case for Y 2002-03 [kindly refer pages 127-133 of the paper book]. In this case, the AO had disallowed proportionate interest expenditure. The company contended that although

TATA STEEL PROCESSING AND DISTRIBUTION LTD.,KOLKATA vs. DCIT, CIRCLE - 8, KOLKATA, KOLKATA

In the result, both appeals of Revenue are dismissed and that of assessee’s appeal is partly allowed for statistical purpose and CO of assessee is dismissed as infructuous

Bench: Shri Waseem Ahmed & Shri K.Narasimha Charyassessment Year:2006-07

Section 14A (1) and 14A(2) read with rule 8D. Reliance in this regard is placed on the decision of Hon'ble Kolkata Tribunal in the Company's own case for Y 2002-03 [kindly refer pages 127-133 of the paper book]. In this case, the AO had disallowed proportionate interest expenditure. The company contended that although

DCIT, CIRCLE - 8, KOLKATA, KOLKATA vs. M/S. TATA STEEL PROCESSING & DISTRIBUTION LIMITED, KOLKATA

In the result, both appeals of Revenue are dismissed and that of assessee’s appeal is partly allowed for statistical purpose and CO of assessee is dismissed as infructuous

Bench: Shri Waseem Ahmed & Shri K.Narasimha Charyassessment Year:2006-07

Section 14A (1) and 14A(2) read with rule 8D. Reliance in this regard is placed on the decision of Hon'ble Kolkata Tribunal in the Company's own case for Y 2002-03 [kindly refer pages 127-133 of the paper book]. In this case, the AO had disallowed proportionate interest expenditure. The company contended that although

M/S TDK INDIA PRIVATE LIMITED,KOLKATA vs. DCIT CIRCLE 11(1), KOLKATA, DELHI AND KOLKATA

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

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm M/S Tdk India Private Limited Dcit, Circle 11(1), Kolkata Wbidc Growth Centre, Kulia Aayakar Bhawan, P-7 Kanchrapara Road, Po Ns Chowringhee Square, Sanatorium,Kalyani, Nadia, Vs. 6Th Floor, Roomno.18, Kolkata-741251, Kolkata-700069, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aaaci6950Q Assessee By : Shri Arjit Chakraborthy, Ar Revenue By : Shri S.B. Chakraborthy, Dr Date Of Hearing: 14.11.2025 Date Of Pronouncement: 05.12.2025

disallowed the entire amount of CSR expenses of INR 80,25,360 in accordance with Explanation 2 to section 37(1) of the Act (Refer Page 1452 of paper book for copy of computation of total income of the Company). 5.3. The ld. AR submitted that an expenditure of INR 80,25,360 incurred in compliance with Section 135

M/S. TEGA INDUSTRIES LIMITED,KOLKATA vs. D.C.I.T., CIRCLE - 11(1), KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

135(5) of the Companies I.T.A. No.: 1875/KOL/2024 Assessment Year: 2020-21 M/s. Tega Industries Limited. Act are also eligible for deduction under section 80G of Income-tax Act subject to assessee satisfying the requisite conditions prescribed for deduction under section 80G of the Act, which is squarely applicable to the facts of the instant case. 5. Disallowance

USHA MARTIN VENTURES LIMITED,KOLKATA vs. D.C.I.T CIR - 6,KOLKATA., KOLKATA

In the result, assessee’s appeal is allowed

Bench: Shri Mahavir Singh & Shri Waseem Ahmedassessment Year :2009-10 Usha Martin Ventures V/S. Dcit, Circle-6 Ltd., 24, R.N.Mukherjee Aaykar Bhawan, P-7, Road, 2Nd Floor, Kolkata- Chowringhee Squre, 700 001 Kolkata-700 069 [Pan No.Aaacu 3843 J] .. अपीलाथ" /Appellant ""यथ"/Respondent

Section 14A read with rule 8D has prescribed computation for such disallowance any other approximation is not acceptable. Moreover, the assessee has also given an another complex calculation on a number of basis viz loan found used on closing balance basis as on 31.03.09, Loan found used on average basis as on 31.03.09 and on direct loan used for investment

ACIT, CIRCLE - 2(2), KOLKATA, KOLKATA vs. M/S. WEST BENGAL STATE ELECTRICITY DISTRIBUTION CO. LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed, while the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap, Vice- & Shri A.T. Varkey

disallowance made by the A.O. under section 14A read with Rule 8D and sustained by the Ld. CIT (A). Ground no. 3 of the assessee's appeal is accordingly allowed while ground no 1 of the revenue's appeal for A.Y. 2010-11 is dismissed”. The aforesaid decision rendered for A.Y. 2010-11 was followed by the Tribunal to decide

WEST BENGAL STATE ELECTRICITY DISTRIBUTION CO. LTD.,KOLKATA vs. DCIT, CIRCLE - 2(2), KOLKATA , KOLKATA

In the result, the appeal of the Revenue is dismissed, while the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap, Vice- & Shri A.T. Varkey

disallowance made by the A.O. under section 14A read with Rule 8D and sustained by the Ld. CIT (A). Ground no. 3 of the assessee's appeal is accordingly allowed while ground no 1 of the revenue's appeal for A.Y. 2010-11 is dismissed”. The aforesaid decision rendered for A.Y. 2010-11 was followed by the Tribunal to decide

MECLEOD RUSSEL INDIA LTD.,KOLKATA vs. A.C.I.T., CIRCLE - 4(1), KOLKATA, KOLKATA

The appeals of the assessee are partly allowed

Bench: the due date of filing of return u/s 139(1) of the Act.

disallowance of Employees Contribution u/s 36(1)(va) read with section 2(24)(x) of the Act at Rs. 61,69,971/-. The Ld. AR fairly pointed out that on this issue the finding for AY 2017-18 (ITA No. 454/Kol/2022) would hold good. We find that this issue has been discussed in the light of the case of Checkmate

MCLEOD RUSSEL INDIA LIMITED,KOLKATA vs. A.C.I.T., CIRCLE-4(1), KOLKATA, KOLKATA

The appeals of the assessee are partly allowed

Bench: the due date of filing of return under Section 139(1) of the Act.

disallowance of Employees Contribution u/s 36(1)(va) read with section 2(24)(x) of the Act at Rs. 61,69,971/-. The Ld. AR fairly pointed out that on this issue the finding for AY 2017-18 (ITA No. 454/Kol/2022) would hold good. We find that this issue has been discussed in the light of the case of Checkmate

DCIT, CIRCLE - 3(1), , KOLKATA vs. M/S. THE PEERLESS GENERAL FINANCE & INVESTMENT CO. LTD.,, KOLKATA

In the result, both the appeals of the revenue are dismissed

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey) Ita No. 1469 & 1470/Kol/2019 Assessment Year: 2013-14 & 2015-16 Deputy Commissioner Of Income Tax, Circle-12(1), Kolkata……………….………....…........Appellant Vs. M/S. The Peerless General Finance & Investment & Co. Ltd..................……………….…..Respondent 3, Esplanade East Kolkata – 700 069 [Pan : Aabct 3043 L] Appearances By: Shri Supriyo Pal, Jcit Sr. D/R, Appearing On Behalf Of The Revenue Shri S.K. Tulsiyan, Adv. & Subrata Dey, Ca, Appeared On Behalf Of The Assessee. . Date Of Concluding The Hearing : October 31St, 2019 Date Of Pronouncing The Order : December 5Th, 2019 Order Per J. Sudhakar Reddy, Am :-

disallowance u/s 40(a)(ia) of the Income-tax Act, 1961 is warranted. Act, 1961 is warranted. I have gone through the order of the Id. A.O. and the I have gone through the order of the Id. A.O. and the submissions made by the assessee. It is the requirement of law that TDS can be submissions made

D.C.I.T CIR - 3(1), KOLKATA vs. M/S THE PEERLESS GENERAL FINANCE & INVESTMENT CO LTD, KOLKATA

In the result, both the appeals of the revenue are dismissed

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey) Ita No. 1469 & 1470/Kol/2019 Assessment Year: 2013-14 & 2015-16 Deputy Commissioner Of Income Tax, Circle-12(1), Kolkata……………….………....…........Appellant Vs. M/S. The Peerless General Finance & Investment & Co. Ltd..................……………….…..Respondent 3, Esplanade East Kolkata – 700 069 [Pan : Aabct 3043 L] Appearances By: Shri Supriyo Pal, Jcit Sr. D/R, Appearing On Behalf Of The Revenue Shri S.K. Tulsiyan, Adv. & Subrata Dey, Ca, Appeared On Behalf Of The Assessee. . Date Of Concluding The Hearing : October 31St, 2019 Date Of Pronouncing The Order : December 5Th, 2019 Order Per J. Sudhakar Reddy, Am :-

disallowance u/s 40(a)(ia) of the Income-tax Act, 1961 is warranted. Act, 1961 is warranted. I have gone through the order of the Id. A.O. and the I have gone through the order of the Id. A.O. and the submissions made by the assessee. It is the requirement of law that TDS can be submissions made

DCIT,CIRCLE-15(2), KOLKATA, KOLKATA vs. M/S L.G.W. LIMITED, NORTH 24 PARGANAS

Appeal is dismissed

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2012-13 Dcit, Circle-15(2), V/S. M/S L.G.W. Ltd., 10, Shantipally, Em Vill. Narayanpur, P.O. Bypass, Aayakar Rajarhat, Gopalpur, 24- Bhawan, Poorva, 6Th Parganas (North), West Floor, R.No.615, Bengal-700136 Kolkata-700 107 [Pan No.Aaacl 4670 N] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri G. Mallikarjuna, Cit- अपीलाथ" क" ओर से/By Appellant Dr Shri A.K. Tibrerwal, Ar ""यथ" क" ओर से/By Respondent 09-07-2018 सुनवाई क" तार"ख/Date Of Hearing 05-10-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Revenue’S Appeal For Assessment Year 2012-13 Is Directed Against The Commissioner Of Income Tax (Appeals)-5, Kolkata’S Order Dated 29.06.2016, Passed In Case No.47/Cit(A)-5/Cir.14(1)/15-16, In Proceedings U/S. 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties Case File Perused. 2. The Revenue’S First Substantive Ground Challenges Correctness Of The Cit(A)’S Action Reversing Assessment Findings Disallowing The Taxpayer’S Commission Payments Made To Foreign Export Agents Amounting To ₹257,60,898/- For Non Deduction Of Tds U/S 40(A)(I) As Follows:- “1. Commission To Foreign Agents - Rs.2,57,60,898/- The Ao Has Added Sum Of Rs.2,57,60,898/- By Holding That The Said Amounts Were Paid To Foreign Agents Without Deduction Of Tds U/S.195. The Addition Has Been Made U/S

disallowance of ₹16,91,03,135/- u/s 40(a)(ia) of the Act made in the course of assessment vide following detailed discussion:- “2. Transportation Expenses – Section

DCIT, CC-XIX, KOLKATA, KOLKATA vs. M/S INTERNATIONAL CONVEYORS PVT. LTD., KOLKATA

In the result, appeals filed by the revenue in IT(SS)A No

Bench: Dr. A.L.Saini, Am & Shri K. Narasimha Chary, Jm It(Ss)A No.131/Kol/2014 ("नधा"रण वष" / Assessment Year :2008-2009) Dcit, Cc-Xix, Kolkata Vs. M/S.International Conveyors Pvt.Ltd.,10,Middletion Row, Kolkata-700071 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaci 6161 K .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Dcit, Cc-Xix, Kolkata Vs. M/S International Conveyors Pvt.Ltd.,10,Middletion Row, Kolkata-700071 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaci 6161 K .. (अपीलाथ" /Appellant) (""यथ" / Respondent) It(Ss)A No.90/Kol/2014 ("नधा"रण वष" / Assessment Year :2009-2010) Dcit, Cc-Xix, Kolkata Vs. M/S International Conveyors Pvt.Ltd.,10,Middletion Row, Kolkata-700071 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaci 6161 K (अपीलाथ" /Appellant) .. (""यथ" / Respondent) It(Ss)A No.91/Kol/2014 ("नधा"रण वष" / Assessment Year :2010-2011) Dcit, Cc-Xix, Kolkata Vs. M/S International Conveyors Pvt.Ltd.,10,Middletion Row, Kolkata-700071 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaci 6161 K .. (अपीलाथ" /Appellant) (""यथ" / Respondent) It(Ss)A No.92/Kol/2014 ("नधा"रण वष" / Assessment Year :2011-2012) Dcit, Cc-Xix, Kolkata Vs. M/S International Conveyors Pvt.Ltd.,10,Middletion Row, Kolkata-700071 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaci 6161 K .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

section 80- lA. 4. That the Department craves leave to add, modify or alter any of the grounds of appeal and/or adduce additional evidence at the time of hearing of the case. 5. The first ground relates to expenditure attributable to dividend (exempted income) to be disallowed as an expenditure u/s.14A of the Income

L & T FINANCE LIMITED. ,KOLKATA vs. DCIT, CIR-5(1), KOLKATA. , KOLKATA

Bench: Shri Sanjay Garg & Dr. Manish Borad

section 37(1) of the Act, the CSR expenditure was not an allowable deduction out of expenditure u/s 37 of the Act. He further held that on the same analogy, the deduction claimed u/s 80G out of the CSR expenditure also warrant disallowance. He, accordingly, disallowed the deduction claimed by the assessee u/s 80G of the Act in respect

L & T FINANCE LIMITED. ,KOLKATA vs. DCIT,CIR-5(1), KOLKATA. , KOLKATA

Bench: Shri Sanjay Garg & Dr. Manish Borad

section 37(1) of the Act, the CSR expenditure was not an allowable deduction out of expenditure u/s 37 of the Act. He further held that on the same analogy, the deduction claimed u/s 80G out of the CSR expenditure also warrant disallowance. He, accordingly, disallowed the deduction claimed by the assessee u/s 80G of the Act in respect