D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

The appeal is dismissed

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

1 to section 115JB of the Act to ₹4,19,505/-. 18.1 This issue has been decided in ITA No. 1246/KOL/2019 for AY 2012-13 in the preceding para no. 11.5 of the order. In view of the finding for AY 2012-13, Ground No. 3 of the appeal is allowed. 19. Ground Nos. 4, 5 and 6 relate

AT&S INDIA PRIVATE LIMITED,KARNATAKA vs. D.C.I.T., CIRCLE-11(1), KOLKATA, KOLKATA

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

Bench: Shri S. S. Godara, Jm & Dr. A.L.Saini, Am At&S India Private Limited Vs. Dcit, Circle 11(1), Kolkata P-7, Chowringhee Square, 12A, Industrial Area, Nanjangud – 571 301 Kolkata – 700 069. Mysore District, Karnataka, India "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaeca 2930 J (अपीलाथ" /Appellant) (""यथ" / Respondent) ..

disallowance without appreciating that the Ld. AO in the draft assessment order under section 143(3) read with 144C(1) of the Act did not make any adverse comment under section 37 (1) of the Act in respect of the said transaction after examining the details of the said transaction submitted by the appellant to the Ld. TPO and subsequently

M/S PEERLESS HOSPITEX HOSPITAL AND RESERCH CENTRE LTD.,KOLKATA vs. ITO, WD-11(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1107/Kol/2014 Assessment Years : 2009-10 M/S Peerless Hospitex Hospital & Research Centre Ltd. -Vs- Ito, Ward-11(1), Kolkata [Pan: Aabcp 7225 L ] (Appellant) (Respondent)

disallowance to Rs 1,70,28,307/-.Aggrieved, the assessee is in appeal before us . 5. We have heard the rival submissions. We find that the assessee had made certain payments to NNC without deduction of tax at source. It is not in dispute that the certificate u/s 197(1) of the Act has been obtained for NNC from DCIT

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

197/-. By no stretch of imagination can Section 14A or Rule 8D be interpreted so as to mean that the entire tax exempt income is to be disallowed. The window for disallowance is indicated in Section 14A, and is only to the extent of disallowing expenditure “incurred by the assessee in relation to the tax exempt income”. This proportion

ACIT, CIRCLE - 52, KOLKATA, KOLKATA vs. SHRI SUBHOTOSH MAJUMDAR, KOLKATA

In the result, the appeals of revenue are dismissed

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

197(1) of the Act was obtained by assessee under old law and even new law. He stated that under old law, in order to confirm that its understanding and interpretation of the relevant provisions of the Act was correct, the assessee made an applications dated 06.05.2009 and 08.06.2009 before the ITO-2(1), International Taxation-Kolkata for the issuance

DCIT,CIRCLE-52, KOLKATA, KOLKATA vs. SRI SUBHOTOSH MAJUMDER . S. JAMUMBDER &CO,, KOLKATA

In the result, the appeals of revenue are dismissed

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

197(1) of the Act was obtained by assessee under old law and even new law. He stated that under old law, in order to confirm that its understanding and interpretation of the relevant provisions of the Act was correct, the assessee made an applications dated 06.05.2009 and 08.06.2009 before the ITO-2(1), International Taxation-Kolkata for the issuance

ACIT, CIRCLE - 52, KOLKATA, KOLKATA vs. SHRI SUBHOTOSH MAJUMDER, KOLKATA

In the result, the appeals of revenue are dismissed

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

197(1) of the Act was obtained by assessee under old law and even new law. He stated that under old law, in order to confirm that its understanding and interpretation of the relevant provisions of the Act was correct, the assessee made an applications dated 06.05.2009 and 08.06.2009 before the ITO-2(1), International Taxation-Kolkata for the issuance

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

Bench: Shri S.S.Godara & Dr. A.L.Saini

1) of the Act- provision for foreseeable loss made in accordance with guidelines of AS-7 and duly debited in audited accounts of company is an allowable expenditure. The Tribunal decided the case in favour of the assessee and held that 'yes' it is an allowable expenditure. The Tribunal while deciding this issue has also considered the decision of Mazagon

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

Bench: Shri S.S.Godara & Dr. A.L.Saini

1) of the Act- provision for foreseeable loss made in accordance with guidelines of AS-7 and duly debited in audited accounts of company is an allowable expenditure. The Tribunal decided the case in favour of the assessee and held that 'yes' it is an allowable expenditure. The Tribunal while deciding this issue has also considered the decision of Mazagon

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

Bench: Shri S.S.Godara & Dr. A.L.Saini

1) of the Act- provision for foreseeable loss made in accordance with guidelines of AS-7 and duly debited in audited accounts of company is an allowable expenditure. The Tribunal decided the case in favour of the assessee and held that 'yes' it is an allowable expenditure. The Tribunal while deciding this issue has also considered the decision of Mazagon

TAJPUR S.K.U.S LTD.,MAHISHADAL, PURBA MEDINIPUR vs. LD. DCIT , PRESTIGE ALPHA NO.48/1, 48/2 BERATENAAGRAHARA BEGUR, HOSUR ROAD

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

Bench: Sri Sonjoy Sarma & Sri Rakesh Mishra

disallowance of deduction under section 80P of the Act at Rs.6,03,194/-.” 4.1. The assessee has cited the following case laws in support of his argument: Sl. Citation ITA No. Date of Asst. No. Pronouncement Year 1 Shree Navavaghniya Seva Sahkari 03/03/2023 2019-20 Mandali Ltd. Vs. The DCIT/ACIT (CPC) CPC, Bengaluru 2 Aliudepur Seva Sahakari Mandli ITA Nos.269

M/S VODAFONE EAST LTD.(FORMERLY KNOWN AS VODAFONE ESSAR EAST LIMITED),KOLKATA vs. A.D.I.T RANGE - 7,KOL., KOLKATA

In the result, the appeal of the revenue in ITA No

Bench: Shri Mahavir Singh & Shri M. Balaganesh

disallow the roaming charges u/s 40(a)(ia) of the Act by applying the provisions of section 194C of the Act , but later gave up and proceeded to apply section 194I/ 194J of the Act. However, he assailed the impugned issue to prove that none of the provisions of section 194C, 194I and 194J of the Act are applicable

M/S. SETH B D GOYAL CHARITABLE TRUST,KOLKATA vs. I.T.O. WARD - 1(3), EXEMPTION, KOLKATA

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

1) of the Act and therefore, the disallowance was liable to be deleted as the CPC erred in disallowing the amount of Rs. 12,96,197/- on account of application of income during the year without assigning any reason. The appeal was delayed and the request for condonation of delay was held to be not liable to be accepted

M/S INDUSTRIAL PERFORATION INDIA (P) LTD,KOLKATA vs. I.T.O. WD - 5(4),KOLKATA, KOLKATA

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

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

197(1) and (2) of the Act as under : "1....Where the supplier of goods makes over the usance bill/hundi to his bank which discounts the same and credits the net amount to the supplier’s account straightaway without waiting for realization of the bill on due date, the property in the usance bill/hundi passes on to the bank

DCIT, CENTRAL CIR. VI, KOLKATA vs. M/S J.K. LAKSHMI CEMENT LTD., KOLKATA

In the result, assessee’s CO is partly allowed

Bench: Shri Waseem Ahmed & Shri Partha Sarathi Chowdhury

section 40A(9) and 36(1) of the Income-tax Act, and, hence, has erred in Law as well as facts of the case in directing to delete the disallowance of Rs.14,28,510/- made on account of Staff Welfare Expenses.” 12. Before us Ld. DR heavily relied on the order of AO whereas Ld. AR for the assessee submitted

AT&S INDIA PRIVATE LIMITED vs. D.C.I.T., CIRCLE-11(1), KOLKATA, KOLKATA

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

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.77/Kol/2017 ("नधा"रणवष" / Assessment Year: 2012-13) At & S India (P) Ltd. Vs. D.C.I.T, Circle-11(1), Kolkata

disallowing the payments aggregating to INR 9,97,50,264/- made by the assessee to its AE for receiving purchase and order handling services and sales services from the Associated Enterprise(‘ AE’).This covers the revised ground Nos. 4 to 8 of the Assessee. 4. We shall take up additions challenged on account of transfer pricing adjustment as has been

DCIT, CIRCLE - 1, KOLKATA, KOLKATA vs. M/S. MCNALLY SAYAJI ENGINEERING LIMITED, KOLKATA

In the result, the appeals of the assessee in ITA No

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

1)(vii) read with section 36(2) of the Act and accordingly deleted the disallowance of bad debts to the tune of Rs. 18,33,873/-. The ld CIT(A) however observed that the advances written off in respect of the sum of Rs. 5,53,934/- on account of TDS recoverable cannot be allowed as deduction

MC NALLY SAYAJI ENGINEERING LIMITED,NORTH 24 PARGANAS vs. D.C.I.T CIR - 1,KOLKATA, KOLKATA

In the result, the appeals of the assessee in ITA No

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

1)(vii) read with section 36(2) of the Act and accordingly deleted the disallowance of bad debts to the tune of Rs. 18,33,873/-. The ld CIT(A) however observed that the advances written off in respect of the sum of Rs. 5,53,934/- on account of TDS recoverable cannot be allowed as deduction