DCIT, CIRCLE - 3(1), KOLKATA, KOLKATA vs. M/S. TATA METALIKS LIMITED, KOLKATA

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

disallowed the claim of assessee and added to the total amount of subsidy received by it while calculating the tax under Minimum Alternate Tax (MAT) provision. 11. Aggrieved, assessee preferred an appeal before Ld. CIT(A). The assessee before Ld. CIT(A) submitted that incentive was received by it on account of sales tax remission

TATA METALIKS LIMITED,KOLKATA vs. DCIT, CIRCLE - 3(1), KOLKATA, KOLKATA

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

disallowed the claim of assessee and added to the total amount of subsidy received by it while calculating the tax under Minimum Alternate Tax (MAT) provision. 11. Aggrieved, assessee preferred an appeal before Ld. CIT(A). The assessee before Ld. CIT(A) submitted that incentive was received by it on account of sales tax remission

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 2(22)(e) of the Act and allow these common grounds of appeal raised by the assessee against the addition made u/s 2(22)(e) of the Act. 31. The next common issue for our consideration is disallowance u/s 2(24)(x) of the Act at Rs. 27,126/- and at Rs. 53,507/- for Assessment Years

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 2(22)(e) of the Act and allow these common grounds of appeal raised by the assessee against the addition made u/s 2(22)(e) of the Act. 31. The next common issue for our consideration is disallowance u/s 2(24)(x) of the Act at Rs. 27,126/- and at Rs. 53,507/- for Assessment Years

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 2(22)(e) of the Act and allow these common grounds of appeal raised by the assessee against the addition made u/s 2(22)(e) of the Act. 31. The next common issue for our consideration is disallowance u/s 2(24)(x) of the Act at Rs. 27,126/- and at Rs. 53,507/- for Assessment Years

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 2(22)(e) of the Act and allow these common grounds of appeal raised by the assessee against the addition made u/s 2(22)(e) of the Act. 31. The next common issue for our consideration is disallowance u/s 2(24)(x) of the Act at Rs. 27,126/- and at Rs. 53,507/- for Assessment Years

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 of the Act then the only course available for working out the amount disallowable is the application of Rule 8D of the IT Rules. Before the Ld. CIT(A) the assessee submitted that the AO has without recording his satisfaction regarding the working of the assessee has directly invoked the provisions of rule 8D which is not correct

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 of rent upto Rs.2,16,000/- as against Rs. 11,82,000/- without appreciating the observation of the A.O. 5) That the appellant 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.” 2 Padma Logistics & Khanij

ACIT, CIRCLE -51, KOLKATA, KOLKATA vs. SRI TAPAS PAUL, KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri P.M. Jagtap & Shri N.V. Vasudevan

section 194C in his case while examining the payments to labour at Rs.90,12,960/- and ultimately disallowing the entire sum u/s. 40(a)(ia) of the Act. The assessment order was passed u/s.144 of the Act. In the Remand proceedings the assessee filed details of payment made to labour and enclosed sample labour payment sheets. In the Remand Proceedings

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

M/S CHENGMARI TEA CO. LTD,KOLKATA vs. DCIT, CIR-4, KOLKATA, KOLKATA

In the result the appeal by the assessee is partly allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ] Assessment Year : 2011-12

178/- III. ½% of Average Investment 43,556/- Total 72,734/- Since the assessee has already disallowed a sum of Rs.10,000/- the AO added a sum of Rs.62,734/- to the total income of the assessee and made disallowance u/s 14A of the Act. 5. Before CIT(A) the assesee submitted that the AO has not found the quantum

M/S. R. S. SOFTWARE (INDIA) LIMITED,KOLKATA vs. ACIT, CIR-2(2), KOLKATA, KOLKATA

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

Bench: Shri A.T. Varkey, Jm & Dr. A. L. Saini, Am M/S. R.S. Software (India) Ltd. Vs. Acit/Cir-2(2), Kolkata A-2, Fmc Fortuna, 234/3A, A.J.C. Bose Road, Kol-20. Pan/Gir No.: Aabcr 7813 G (Appellant) .. (Respondent)

section 14A, other than what the assessee had suo-moto disallowed. (2) Ground No.3 raised by the assessee relates to additions made with respect to unbilled revenue to the tune of Rs. 17,44,27,000/-, which is already included in the revenue/income of the company. 4. We shall first take-up additions challenged on account of Transfer Pricing Adjustment

JANKALYAN VINIMAY PVT. LTD.,KOLKATA vs. D.C.I.T., CENTRAL CIRCLE - 1(1), KOLKATA, KOLKATA

In the result, both the appeals of assessees are dismissed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. No. 776/Kol/2022 Assessment Year: 2019-2020 Jankalyan Vinimay Pvt. Ltd.,...................Appellant 10, West Ghosh Para Lane, Jagatdal, 24-Parganas (North)-743125, West Bengal [Pan: Aabcj8598E] -Vs.- Deputy Commissioner Of Income Tax........Respondent Central Circle-1(1), Kolkata, Aayakar Bhawan (Poorva), 110, Shanti Pally, Kolkata-700107 & I.T.A. No. 48/Kol/2023 Assessment Year: 2019-2020 Sunbeam Vanijya Pvt. Ltd.,.........................Appellant 21A, Shakespeare Sarani, 3Rd Floor, Kolkata-700017 [Pan: Aakcs1284P] -Vs.- Deputy Commissioner Of Income Tax.........Respondent Central Circle-1(1), Kolkata, Aayakar Bhawan (Poorva), 110, Shanti Pally, Kolkata-700107

178, therefore, it be construed that the issue was not debatable and disallowance under section 143(1) could be made

SUNBEAM VANIJYA PVT. LTD.,KOLKATA vs. D.C.I.T., CC-1(1), KOLKATA, KOLKATA

In the result, both the appeals of assessees are dismissed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. No. 776/Kol/2022 Assessment Year: 2019-2020 Jankalyan Vinimay Pvt. Ltd.,...................Appellant 10, West Ghosh Para Lane, Jagatdal, 24-Parganas (North)-743125, West Bengal [Pan: Aabcj8598E] -Vs.- Deputy Commissioner Of Income Tax........Respondent Central Circle-1(1), Kolkata, Aayakar Bhawan (Poorva), 110, Shanti Pally, Kolkata-700107 & I.T.A. No. 48/Kol/2023 Assessment Year: 2019-2020 Sunbeam Vanijya Pvt. Ltd.,.........................Appellant 21A, Shakespeare Sarani, 3Rd Floor, Kolkata-700017 [Pan: Aakcs1284P] -Vs.- Deputy Commissioner Of Income Tax.........Respondent Central Circle-1(1), Kolkata, Aayakar Bhawan (Poorva), 110, Shanti Pally, Kolkata-700107

178, therefore, it be construed that the issue was not debatable and disallowance under section 143(1) could be made

DCIT, LTU-2, KOLKATA vs. M/S CENTURY PLYBOARDS (I), LTD, KOLKATA

In the result, the appeal of the revenue is dismissed and cross objections of assessee are allowed

Bench: Shri P.M. Jagtap(Kz) &Shri A. T. Varkey, Jm] Assessment Year: 2014-15

disallowance . The assessee's instant substantive ground is accepted. The Assessing Officer is direction to verify all the relevant facts and allow the impugned cess (es) as deduction u/s 37 of the Act. The assessee's appeal I.T.A. No. 685/Ko/2014 is partly accepted in above terms." However, the ld. DR for the Revenue submitted before the Bench that the Income

BRITANNIA INDUSTRIES LTD,KOLKATA vs. DCIT, CIR-7(1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

Disallowance of prior period expenses. 13. We note that the revenue audit team has pointed out certain objections during the course of audit before the ld. Assessing Officer and then ld. Assessing Officer proposed these issues to the ld. PCIT to invoke jurisdiction under section 263 of the Act. We have also examined the audit objections raised by the audit

D.C.I.T., CIRCLE-4, KOLKATA, KOLKATA vs. M/S. ROSSELL INDIA LTD., KOLKATA

In the result, Revenue’s appeal stands dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmedassessment Year:2009-10 Dcit, Circle-4, Kolkata V/S. M/S Rossell India Ltd. P-7, Chowringhee 21/1A/3, Darga Road, Square, Kolkata-69 Jindal Towers, Block B, 4Th Floor, Park Circus, Kolkta-700 017 [Pan Noaabcr 3736 J] .. अपीलाथ" /Appellant ""यथ"/Respondent

section 14A of the Act, in this regard we find that the assessee in the year under consideration has earned dividend income but no expense was disallowed by the assessee in its return of income. The assessee has made the disallowance during the course of assessment proceedings when the issue was raised by the AO. It was also submitted that

N.N. ISPAT PVT. LTD., ,KOLKATA vs. DCIT, CIRCLE - 2(2), KOLKATA , KOLKATA

In the result, the appeal of the assessee is treated as allowed for statistical purposes

Bench: Shri P.M. Jagtap, Vice- & Shri Satbeer Singh Godara

Disallowance under section Rs. 10,178/- 36(1)(va) read with Rule 8D (ii) Disallowance under section Rs. 3,76,686 14A (iii) Undisclosed