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

2(22)(e) of the Act and disallowance under section 14A of the Act and minor other disallowances were made and the same can be deciphered from the following chart:- Issues AY 2013-14 AY 2014-15 AY 2016-17 AY 2017-18 Disallowance u/s 14A 16,73,473 18,00,595 65,23,307 1,40,266 Deemed Dividend

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

2(22)(e) of the Act and disallowance under section 14A of the Act and minor other disallowances were made and the same can be deciphered from the following chart:- Issues AY 2013-14 AY 2014-15 AY 2016-17 AY 2017-18 Disallowance u/s 14A 16,73,473 18,00,595 65,23,307 1,40,266 Deemed Dividend

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

2(22)(e) of the Act and disallowance under section 14A of the Act and minor other disallowances were made and the same can be deciphered from the following chart:- Issues AY 2013-14 AY 2014-15 AY 2016-17 AY 2017-18 Disallowance u/s 14A 16,73,473 18,00,595 65,23,307 1,40,266 Deemed Dividend

THE DCIT, CIR-3(2) GANGTOK, GANGTOK SIKKIM vs. SIKKIM STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED , GANGTOK SIKKIM

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

47 taxmann.com 189)(Bangaore- Trib.) 4. National Coal Development Corporation Staff Co-operative Credit Society Ltd. Vs DCIT (ITA No 1564/Kol/2011) 5. Southern Technologies Ltd. Vs JCIT, Coimbatore (2010) (187 Taxman 346) (SC) 10.2 The AO has further held that income earned from investments made by the appellant with a ‘co-operative bank' would not be eligible for exemption

DEPUTY COMMISSIONER OF INCOME TAX, CIR-3(2), GANGTOK, GANGTOK SIKKIM vs. SIKKIM STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED, GANGTOK SIKKIM

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

47 taxmann.com 189)(Bangaore- Trib.) 4. National Coal Development Corporation Staff Co-operative Credit Society Ltd. Vs DCIT (ITA No 1564/Kol/2011) 5. Southern Technologies Ltd. Vs JCIT, Coimbatore (2010) (187 Taxman 346) (SC) 10.2 The AO has further held that income earned from investments made by the appellant with a ‘co-operative bank' would not be eligible for exemption

D.C.I.T CIR - 10,KOLKATA, KOLKATA vs. M/S PHILLIPS CARBON BLACK LTD, KOLKATA

In the result, the appeals of Revenue in ITA 2123/Kol/13 and ITA

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

2) (iii) and the same therefore cannot be added under clause (f) to the Explanation to section 11SJB of the Act. The appellant submits that the aforesaid view of the appellant also finds support from the decision of the Hon'ble Delhi Bench of the lncome Tax Appellate Tribunal in the case of, Goetze (India) Ltd vs. ClT reported

ABC INDIA LIMITED,KOLKATA vs. DCIT, CIRCLE 11(1),, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm Abc India Limited Dcit, Circle 11(1) 40/8, Ballygunj, Circular Road, Aayakar Bhawan, Chowringhee Kolkata, West Bengal-700019 Square, Kolkata-700069 Vs. West Bengal (Appellant) (Respondent) Pan No. Aacca2035J Assessee By : Shri S.K. Pransukhka, Ar Revenue By : Shri Sanjib Kumar Paul, Dr Date Of Hearing: 16.02.2026 Date Of Pronouncement: 15.04.2026

disallowance of Rs 12.75,893 under section 14A. 8. The appellant crave leave to add, modify, delete any ground at on before hearing.” 3. The issue raised in ground no.1 is against the invalid notice issued u/s 143(2) of the Act, which is not in accordance with the format issued by CBDT Circular No. F.NO.225/157/2017/ITA-11

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

2,00,0001-, In respect of donation to Urivi Vikram Charitable Trust, the assessee bank has claimed the amount as 100% deduction under section 35AC of the Income-tax Act as the donee institution is recognized under section 35AC. The submission of the assessee has been carefully considered. In view of the judgement of the Hon 'ble Supreme Court

BIBHISANPUR SAMABAY KRISHI UNNAYAN SAMITY LTD.,KOLKATA vs. I.T.O., WARD - 27(4), HALDIA/ WBG-W-176(3), HALDIA

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

disallowance of the claim of deduction under section 80P is adjudicated in the succeeding paras. Page 2 of 30 I.T.A. No.: 1021/KOL/2024 Assessment Year: 2020-21 Bibhisanpur Samabay Krishi Unnayan Samity Ltd. 5. The Ld. AO considered the submission of the assessee and added the amount by holding as under: “4.1 During the course of assessment proceedings, it is noticed

ITO, WARD-2(2), KOLKATA, KOLKATA vs. M/S. DATEX OHMEDA (INDIA) PVT. LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri P.M. Jagtap & Smt. Madhumita Roy

Section 2(19AA) were not met by the assessee. 4. That on the facts and in the circumstances of the case, the Ld CIT(A) has erred in allowing the exemption u/s 47(vib) for non-transfer of a loan amounting to Rs.50,62,98,144/- in the course of demerger of the T&D Division, without appreciating the facts

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-

disallowance of Rs.10,72,47,695/- made by the Assessing Officer under section 14A of the Income Tax Act, 1961 by applying Rule 8D of the Income Tax Rules, 1962 to Rs.4,31,280/- being the dividend income actually earned by the assessee during the year under consideration. 2

SHELTER PROJECTS LTD.,KOLKATA vs. CIT, (A)-XII, KOLKATA, KOLKATA

In the result, the appeal of assessee is partly allowed

47)(v) and Section 53­A of the Transfer of Property Act, 1982 was delivered, and if so, its nature and legal effect. iii) Whether there was any default on the part of the developers, and if so, its effect on the transactions and on exigibility to tax ? iv) Whether amount yet to be received can be taxed on a hypothetical

M/S VODAFONE EAST LIMITED (FORMERLY KNOWN AS VODAFONE ESSAR EAST LIMITED),KOLKATA vs. ACIT, CIR-7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

disallowance made by the AO while determining the book profit under section 115JB of the Act by observing as under : “… There is nil profit/loss in A.Y 2002-03 and unabsorbed depreciation of Rs.6.67 crore. Therefore “NIL Loss” and “Rs.6.67 crore of unabsorbed depreciation” will be carried forward to subsequent year. The question of set off of past losses or unabsorbed

M/S. VODAFONE ESSAR EAST LIMITED,KOLKATA vs. ACIT, CIRCLE - 7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

disallowance made by the AO while determining the book profit under section 115JB of the Act by observing as under : “… There is nil profit/loss in A.Y 2002-03 and unabsorbed depreciation of Rs.6.67 crore. Therefore “NIL Loss” and “Rs.6.67 crore of unabsorbed depreciation” will be carried forward to subsequent year. The question of set off of past losses or unabsorbed

DCIT, CIRCLE - 7, KOLKATA, KOLKATA vs. VODAFONE ESSAR EAST LIMITED, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

disallowance made by the AO while determining the book profit under section 115JB of the Act by observing as under : “… There is nil profit/loss in A.Y 2002-03 and unabsorbed depreciation of Rs.6.67 crore. Therefore “NIL Loss” and “Rs.6.67 crore of unabsorbed depreciation” will be carried forward to subsequent year. The question of set off of past losses or unabsorbed

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. JCIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

disallowance made by the AO while determining the book profit under section 115JB of the Act by observing as under : “… There is nil profit/loss in A.Y 2002-03 and unabsorbed depreciation of Rs.6.67 crore. Therefore “NIL Loss” and “Rs.6.67 crore of unabsorbed depreciation” will be carried forward to subsequent year. The question of set off of past losses or unabsorbed

ACIT, CIRCLE - 7, KOLKATA vs. VODAFONE ESSAR EAST LTD., KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

disallowance made by the AO while determining the book profit under section 115JB of the Act by observing as under : “… There is nil profit/loss in A.Y 2002-03 and unabsorbed depreciation of Rs.6.67 crore. Therefore “NIL Loss” and “Rs.6.67 crore of unabsorbed depreciation” will be carried forward to subsequent year. The question of set off of past losses or unabsorbed

M/S. VODAFONE ESSAR EAST LIMITED,KOLKATA vs. ACIT, CIRCLE - 7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

disallowance made by the AO while determining the book profit under section 115JB of the Act by observing as under : “… There is nil profit/loss in A.Y 2002-03 and unabsorbed depreciation of Rs.6.67 crore. Therefore “NIL Loss” and “Rs.6.67 crore of unabsorbed depreciation” will be carried forward to subsequent year. The question of set off of past losses or unabsorbed

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. ADDL. CIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

disallowance made by the AO while determining the book profit under section 115JB of the Act by observing as under : “… There is nil profit/loss in A.Y 2002-03 and unabsorbed depreciation of Rs.6.67 crore. Therefore “NIL Loss” and “Rs.6.67 crore of unabsorbed depreciation” will be carried forward to subsequent year. The question of set off of past losses or unabsorbed