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

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

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

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. 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

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 by the Assessing Officer and allowed the claim of the assessee for deduction under section 80IA by relying on the decision of the Hon’ble Madras High Court in the case of Tamilnadu Petro Products Limited –vs.- ACIT reported in 51 DTR 67, wherein it was held that the assessee is entitled to deduction under section 80IA

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

disallowance under section 14A of the Act after having regard to the account of the assessee and the income tax authorities are not satisfied with the correctness of the claim of the assessee in respect of such expenditure in relation to exempted income. In the instant case it is important to reproduce the provisions of section

SRI GOPINATH GHORAI,PURBA MEDINIPUR vs. ACIT, CIR-27, HALDIA, HALDIA

In the result the appeal of the assessee is dismissed

Bench: Hon’Ble Shri P.M.Jagtap, Am & Sri S.S.Viswanethra Ravi, Jm ] I.T.A No. 01/Kol/2016 Assessment Year : 2005-06

section 194C had no application and the order of AO passed u/s 143(3)/147 in not considering this aspect was wrong. The AO did not find any merit in the application filed by the assessee u/s 154 for rectification. According to him, the issue relating to disallowance

EMCEE PHARMACEUTICALS PVT. LTD.,KOLKATA vs. ACIT, CIRCLE - 11, KOLKATA, KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Shri P.M. Jagtap

154. 2. That without prejudice to the contention raised in Ground No. 1 above, the Commissioner of Income-tax (Appeals) failed to appreciate that following the Hon'ble Income-tax Appellate Tribunal's Order for the appellant's own case for the Assessment Year 2008-09, the sum of Rs.15,24,925/- being the Assistance received by the appellant from

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

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

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

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

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

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

ICI INDIA LTD.,KOLKATA vs. DCIT, CIR-10, KOLKATA, KOLKATA

In the result, Revenue’s appeal is dismissed

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

disallowance to the income of the assessee returned by him and acknowledged/accepted in the intimation issued under section 143(1) by resorting to issue of notice under section 154

DCIT, CIR-10, KOLKATA, KOLKATA vs. M/S ICI INDIA LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

disallowance to the income of the assessee returned by him and acknowledged/accepted in the intimation issued under section 143(1) by resorting to issue of notice under section 154

ACIT, CIR-10, KOLKATA, KOLKATA vs. M/S ICI INDIA LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

disallowance to the income of the assessee returned by him and acknowledged/accepted in the intimation issued under section 143(1) by resorting to issue of notice under section 154

SHRI SAGARMAL MALL,KOLKATA vs. ACIT, CIRCLE - 32, KOLKATA, KOLKATA

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

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

section 154, the disallowance under section 14A was recomputed by the Assessing Officer at Rs.64,10,457/-. On appeal, the ld. CIT(Appals

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