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

154 (Se)] wherein it has been held as under: " .. we also make it clear that before applying the theory of apportionment, the AO needs to record satisfaction that having regard to the kind of the assessee, suo moto disallowance under Section

KESORAM INDUSTRIES LTD.,KOLKATA vs. DCIT, CIR-5, KOLKATA, KOLKATA

In the result the revenue’s appeals for A

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

section 154 of the Act were rejected by the A.O., the appellate authorities i.e. the Ld. CIT(A) as well as this Tribunal allowed the claim and directed the A.O. to grant depreciation on such enhanced WDV of the block of assets. Following the decision of this Tribunal in A.Y. 2000-01 to 2002-03, the Co-ordinate Bench

KESORAM INDUSTRIES LIMITED,KOLKATA vs. DCIT, CIRCLE-5(1), KOLKATA, KOLKATA

In the result the revenue’s appeals for A

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

section 154 of the Act were rejected by the A.O., the appellate authorities i.e. the Ld. CIT(A) as well as this Tribunal allowed the claim and directed the A.O. to grant depreciation on such enhanced WDV of the block of assets. Following the decision of this Tribunal in A.Y. 2000-01 to 2002-03, the Co-ordinate Bench

KESORAM INDUSTRIES LIMITED,KOLKATA vs. ADDL C.I.T RG - 5,KOLKATA, KOLKATA

In the result the revenue’s appeals for A

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

section 154 of the Act were rejected by the A.O., the appellate authorities i.e. the Ld. CIT(A) as well as this Tribunal allowed the claim and directed the A.O. to grant depreciation on such enhanced WDV of the block of assets. Following the decision of this Tribunal in A.Y. 2000-01 to 2002-03, the Co-ordinate Bench

D.C.I.T CIR - 5,KOLKATA, KOLKATA vs. M/S KESORAM INDUSTRIES LIMITED, KOLKATA

In the result the revenue’s appeals for A

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

section 154 of the Act were rejected by the A.O., the appellate authorities i.e. the Ld. CIT(A) as well as this Tribunal allowed the claim and directed the A.O. to grant depreciation on such enhanced WDV of the block of assets. Following the decision of this Tribunal in A.Y. 2000-01 to 2002-03, the Co-ordinate Bench

KESORAM INDUSTRIES LTD.,KOLKATA vs. ADD.CIT,RANGE-5,, KOLKATA

In the result the revenue’s appeals for A

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

section 154 of the Act were rejected by the A.O., the appellate authorities i.e. the Ld. CIT(A) as well as this Tribunal allowed the claim and directed the A.O. to grant depreciation on such enhanced WDV of the block of assets. Following the decision of this Tribunal in A.Y. 2000-01 to 2002-03, the Co-ordinate Bench

ACIT, CIRCLE-5, KOLKATA, KOLKATA vs. M/S KESORAM INDUSTRIES. LTD, KOLKATA

In the result the revenue’s appeals for A

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

section 154 of the Act were rejected by the A.O., the appellate authorities i.e. the Ld. CIT(A) as well as this Tribunal allowed the claim and directed the A.O. to grant depreciation on such enhanced WDV of the block of assets. Following the decision of this Tribunal in A.Y. 2000-01 to 2002-03, the Co-ordinate Bench

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

154 (SC), has examined the issue of strategic investments and has held that even if an investment is of strategic nature, it does not grant any immunity to the assessee from the applicability of provisions of section 14A. The Apex Court thus held that expenditure incurred on earning of dividend income has to be disallowed

INTELLIGENT INFRASTRUCTURE LTD,KOLKATA vs. PCIT-1 , KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2016-17 Intelligent Infrastructure Ltd. Pr. Commissioner Of Income 3/1, Dr. U. N. Brahmachari Vs. Tax – 1, Kolkata. Street, Kolkata-700017. (Pan: Aabcp8597P) (Appellant) (Respondent) Present For: Appellant By : Shri N. S. Saini, Advocate Respondent By : Shri Bisawanath Das, Cit (Dr) Date Of Hearing : 20.10.2022 Date Of Pronouncement : 09.11.2022

disallowance. Subsequently, by resorting to section 154 addition/disallowance cannot be made on the one issue which was missed in the assessment

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

154 (SC), has examined the\nissue of strategic investments and has held that even if an investment is of\nstrategic nature, it does not grant any immunity to the assessee from the\napplicability of provisions of section 14A. The Apex Court thus held that\nexpenditure incurred on earning of dividend income has to be disallowed

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

154 (SC), has examined the\nissue of strategic investments and has held that even if an investment is of\nstrategic nature, it does not grant any immunity to the assessee from the\napplicability of provisions of section 14A. The Apex Court thus held that\nexpenditure incurred on earning of dividend income has to be disallowed

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

154 (SC), has examined the\nissue of strategic investments and has held that even if an investment is of\nstrategic nature, it does not grant any immunity to the assessee from the\napplicability of provisions of section 14A. The Apex Court thus held that\nexpenditure incurred on earning of dividend income has to be disallowed

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

disallowance u/s 14A of the Act for the purpose of computing book profit u/s 115JB of the Act we find that the issue is well-settled by the judgment of Hon'ble Jurisdictional High Court in the case of CIT vs. Jayshree Tea & Industries Ltd. [GA No. 1501 of 2014] wherein Hon'ble Court has held that provisions of Section

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

disallowance u/s 14A of the Act for the purpose of computing book profit u/s 115JB of the Act we find that the issue is well-settled by the judgment of Hon'ble Jurisdictional High Court in the case of CIT vs. Jayshree Tea & Industries Ltd. [GA No. 1501 of 2014] wherein Hon'ble Court has held that provisions of Section

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

154 (SC), has examined the\nissue of strategic investments and has held that even if an investment is of\nstrategic nature, it does not grant any immunity to the assessee from the\napplicability of provisions of section 14A. The Apex Court thus held that\nexpenditure incurred on earning of dividend income has to be disallowed

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

154 (SC), has examined the\nissue of strategic investments and has held that even if an investment is of\nstrategic nature, it does not grant any immunity to the assessee from the\napplicability of provisions of section 14A. The Apex Court thus held that\nexpenditure incurred on earning of dividend income has to be disallowed

SMITA S MEHTA,KOLKATA vs. ASST DIRECTOR OF INCOME TAX, CPC, BENGALURU

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

Bench: Sri Rajesh Kumar & Pradip Kumar Choubey

Section 154..., In its literal sense, 'prima facie' means on the face of it, Hence, on the face of the return and the documents and accounts accompanying it, the deduction claimed must be inadmissible. Only then can ii be disallowed

BISWANATH HOSIERY MILLS LTD.,KOLKATA vs. ACIT, CIR. 4(2), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Anikesh Banerjee & Shri Rakesh Mishraassessment Year: 2017-18

154 (SC), wherein the Hon’ble Apex Court held that any strategic investment should also be considered while computing the disallowance under the disallowance made under Section

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.

disallowance as per section 14A of the I.T. Act. 8. Assessee placed reliance on the decision reported in the case of Vora Financial Services (P). Ltd. vs. ACIT, Mumbai by the ITAT, Mumbai Bench (2018) 96 com88 (Mum-Trib) wherein, it was held that where a major portion of dividend income had been received as shares held as stock