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.

disallowance under section 14A, the AO is required to record satisfaction. When no expenditure is offered by the assessee, the AO need not record such satisfaction. 5.1 It was submitted by the ld. A.R. that as per the provisions of section 14A(3

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

disallowance of expenditure in relation to income which does not form part of the total income is that expenditure incurred is not allowable for the purpose whether the assessee claims that no expenditure has been incurred during the previous year. Section 14A(3

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 under section 14A read with Rule 80 since no cogent reason was provided by the Assessing Officer for invoking Rule 80 of the Rules. ITA No.170/Kol/2018 A.Y. 2010-11 DCIT, Cir-6(1), Kol. Vs. M/s Integrated Coal Mining Ltd. Page 8 The relevant portion of the order under section 143(3

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

disallowance\nof expenditure in relation to income which does not form part of the total\nincome is that expenditure incurred is not allowable for the purpose whether\nthe assessee claims that no expenditure has been incurred during the\nprevious year. Section 14A(3

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\nof expenditure in relation to income which does not form part of the total\nincome is that expenditure incurred is not allowable for the purpose whether\nthe assessee claims that no expenditure has been incurred during the\nprevious year. Section 14A(3

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

disallowance\nof expenditure in relation to income which does not form part of the total\nincome is that expenditure incurred is not allowable for the purpose whether\nthe assessee claims that no expenditure has been incurred during the\nprevious year. Section 14A(3

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

disallowance\nof expenditure in relation to income which does not form part of the total\nincome is that expenditure incurred is not allowable for the purpose whether\nthe assessee claims that no expenditure has been incurred during the\nprevious year. Section 14A(3

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

disallowance\nof expenditure in relation to income which does not form part of the total\nincome is that expenditure incurred is not allowable for the purpose whether\nthe assessee claims that no expenditure has been incurred during the\nprevious year. Section 14A(3

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 made by the Assessing Officer and confirmed by the ld. CIT(Appeals) on account of interest under section 14A read with Rule 8D has mainly raised two-fold contentions. Firstly he has invited our attention to the assessment order passed by the Assessing Officer under section 143(3

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 under section 14A of the Act read with Rule 8D of the Income Tax Rules, 1962. 3. The assessee

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

3,15,04,684/- under section 14A of the Act made by the Ld. AO based on surmises and conjectures without having recorded any reasoned dissatisfaction under section 14A(2) of the Act against the suo-moto disallowance

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

3,15,04,684/- under section 14A of the Act made by the Ld. AO based on surmises and conjectures without having recorded any reasoned dissatisfaction under section 14A(2) of the Act against the suo-moto disallowance

ACIT, CIRCLE - 13(2), KOLKATA , KOLKATA vs. M/S. PADMA LOGISTICS & KHANIJ PRIVATE LIMITED , KOLKATA

In the result, the revenue’s appeal is partly allowed for statistical purposes

Bench: "ी जे. सुधाकर रे"डी, लेखा सद"य एवं/And "ी ऐ. ट". वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

disallowance under section 14A to investments made by the company in companies other than investment made in Aryan Mining and Trading Corporation Pvt. Ltd. as per follows: Particulars Rs. Opening investments (other than investment made in Aryan 1,43,00,500 Mining & Trading Corporation Pvt. Ltd. Closing investments (other than investment in Aryan Mining & 1,67,70,500 Trading Corporation

ACIT, CIR.-10(2), KOLKATA,KOLKATA vs. M/S NAGREEKA SYNTHETICS PVT. LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

disallowance of expenses under section 14A of the Income Tax Act, 1961. The said assessment was subsequently reopened by the A.O. by 2 I.T.A. No. 2242/Kol/2016 Assessment Years 2010-11 M/s. Nagreeka Synthetics Pvt. Ltd. issuing a notice under section 148 on 27.03.2014 and in the assessment completed in pursuance of the said notice under section 147/143(3

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-

14A of the Act read with Rule 8D in the assessment completed under section 143(3) vide an order dated 21.12.2016. 4 Assessment Year: 2014-2015 M/s. Hindusthan National Glass & Industries Limited 4. Against the order passed by the Assessing Officer under section 143(3), an appeal was preferred by the assessee before the ld. CIT(Appeals) challenging the disallowance

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

14A amounting to Rs.46,20,484 was as follows: (Amount in Rs.) Income exempt from tax 453,038,502 Income from Investment 17,779,214,000 Total Salary of Investment department 3,535,885 Proportionate amount to be disallowed = 35,35,885X45.30.38,502 I 17,779,214,000 = 90,099 Total Disallowance under section

D.C.I.T.CC - XXVIII,KOL., KOLKATA vs. M/S BINANI INDUSTRIES LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: : Shri N.V.Vasudevan & Shri M. Balaganesh

section (3) specifies the provision of 14A(2) would also apply where the assessee makes a claim that there is no expenditure incurred. This is because if the assessee does not make a disallowance

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

3. 17. Ground No. 4 of the revenue’s appeal and ground no. 2 of the assessee’s appeal for A.Y. 2006-07 involve a common issue relating to the disallowance under section 14A