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448 results for “disallowance”+ Section 200clear

Sorted by relevance

Mumbai1,975Delhi1,781Bangalore774Chennai556Kolkata448Hyderabad272Jaipur257Ahmedabad241Indore199Raipur158Pune146Surat106Chandigarh84Rajkot74Lucknow56Allahabad54Nagpur50Karnataka45Visakhapatnam43Cochin40Calcutta39Agra29Amritsar25Jodhpur24Telangana21Ranchi21Cuttack18Panaji17SC16Patna16Dehradun13Varanasi11Guwahati8Kerala7Punjab & Haryana4Jabalpur4Rajasthan2Orissa2Himachal Pradesh2RANJAN GOGOI PRAFULLA C. PANT1A.K. SIKRI ROHINTON FALI NARIMAN1ASHOK BHAN DALVEER BHANDARI1

Key Topics

Addition to Income61Section 143(3)57Disallowance51Section 14A50Section 25044Deduction36Section 80I30Section 80P21Section 143(1)18Section 263

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-

ITA 1899/KOL/2017[2013-14]Status: DisposedITAT Kolkata13 Feb 2023AY 2013-14

Bench: Dr. Manish Borad & Sonjoy Sarma

Section 143(3)Section 14ASection 92B

200 basis points on the loan amount outstanding as corporate guarantee commission without any scientific basis; 3. On the facts and in the circumstances of the case & in law, the Ld. AO erred in disallowing Rs. 3,15,04,684/- under 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-

ITA 1854/KOL/2016[2012-13]Status: DisposedITAT Kolkata

Showing 1–20 of 448 · Page 1 of 23

...
18
Section 6817
Limitation/Time-bar13
13 Feb 2023
AY 2012-13

Bench: Dr. Manish Borad & Sonjoy Sarma

Section 143(3)Section 14ASection 92B

200 basis points on the loan amount outstanding as corporate guarantee commission without any scientific basis; 3. On the facts and in the circumstances of the case & in law, the Ld. AO erred in disallowing Rs. 3,15,04,684/- under section

UNITED BANK OF INDIA,KOLKATA vs. ACIT, LTU - 1, KOLKATA, KOLKATA

Appeal is partly allowed in above terms

ITA 75/KOL/2018[2012-13]Status: DisposedITAT Kolkata28 Feb 2020AY 2012-13

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.

For Appellant: Shri Soumitra Choudhury, AdvocateFor Respondent: Shri Vijay Shankar, CIT
Section 143(3)Section 35DSection 35D(1)(ii)Section 35D(2)(c)

disallowing its section 35D deduction of Rs.34,29,200/- regarding share issue expenditure. Learned CIT-DR invited our attention to both

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

ITA 144/KOL/2013[2009-10]Status: DisposedITAT Kolkata02 Mar 2016AY 2009-10

Bench: : Shri N.V.Vasudevan & Shri M. Balaganesh

For Appellant: S/ Shri K.V. Beswal, FCAFor Respondent: Shri Rajat Subhra Biswas, CIT, ld.DR
Section 115JSection 139(5)Section 143(3)Section 14A

200. In view of the above facts and figures it is apparent that assessee had utilized interest free funds for making fresh investments and that too into its subsidiaries which is not for the purpose of earning exempt income and which are for strategic purposes only. 8. In view of the above facts, we hold that no disallowance of interest

DEBJYOTI MISHRA,KOLKATA vs. ITO, WARD-22(4), KOLKATA, KOLKATA

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

ITA 1411/KOL/2016[2006-07]Status: DisposedITAT Kolkata31 Jan 2017AY 2006-07

Bench: : Shri M.Balaganesh & Shri S.S.Viswanethra Ravi

For Appellant: Shri Miraj D.Shah, ld.ARFor Respondent: Md. Ghyas Uddin, JCIT, ld.DR
Section 142(1)Section 143(2)Section 148Section 234ASection 40

disallowed of Rs. 87,388/- on account of Studio Hire Charges and as discussed above, the CIT-A dismissed the appeal of the Assessee for non-appearance. 6. Before us, the Ld.AR argued that the assessee submitted through reply on 05-12-2008 during the assessment proceedings stating that he did not pay more than

GIFFORD & PARTNERS LTD.(SINCE MERGED WITH GIFFORD LLP),KOLKATA vs. DDIT, INTERNATIONAL TAXATION - 1(1), KOLKATA, KOLKATA

In the result ITA No.1489/Kol/11 is partly allowed

ITA 2082/KOL/2010[2007-08]Status: DisposedITAT Kolkata06 Apr 2016AY 2007-08

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] Assessment Year : 2007-08

For Appellant: Shri S.K.Agarwal, FCAFor Respondent: Shri G.Mallikarjuna, CIT (DR)
Section 143(3)Section 144C

section 200 : 2. Issue of disallowance under section 40(a)(i) of the Act, of the payment made to Appledore

GIFFORD & PARTNERS LTD.(SINCE MERGED WITH GIFFORD LLP),KOLKATA vs. ADIT (INTERNATIONAL TAXATION) - 1(1), KOLKATA, KOLKATA

In the result ITA No.1489/Kol/11 is partly allowed

ITA 1489/KOL/2011[2005-06]Status: DisposedITAT Kolkata06 Apr 2016AY 2005-06

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] Assessment Year : 2007-08

For Appellant: Shri S.K.Agarwal, FCAFor Respondent: Shri G.Mallikarjuna, CIT (DR)
Section 143(3)Section 144C

section 200 : 2. Issue of disallowance under section 40(a)(i) of the Act, of the payment made to Appledore

ORGANON (INDIA) LIMITED,MUMBAI vs. ADDL. CIT, CIRCLE - 12, KOLKATA, KOLKATA

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

ITA 1335/KOL/2010[2005-06]Status: DisposedITAT Kolkata15 May 2019AY 2005-06

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri A.T. Varkey

Section 195Section 40

section 40(a)(i) and disallowed the sum of Rs.41,20,200/-. 4. The disallowance made by the Assessing Officer

DCIT, CIR-2(2), KOLKATA, KOLKATA vs. M/S WEST BENGAL STATE ELECTRICITY DISTRIBUTION CO. LTD., KOLKATA

In the result, both the appeals of the assessee are allowed while both the appeals of the revenue are dismissed

ITA 1002/KOL/2015[2011-2012]Status: DisposedITAT Kolkata31 Oct 2017AY 2011-2012

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm ] I.T.A. No. 871 & 872/Kol/2015 Assessment Year 2010-11 & 2011-12 West Bengal State Electricity Distribution Co. Ltd. ...........................Appellant Bidyut Bhawan, Sector – Ii, Block Dj, Bidhan Nagar, Kolkata – 700 091 [Pan: Aaacw6953H] Dcit, Circle 2(2) Kolkata,...................…………………………………………Respondent Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata - 700069 I.T.A. No. 1001 & 1002/Kol/2015 Assessment Year 2010-11 & 2011-12 Dcit, Circle 2(2) Kolkata,...................…………………………………………Appellant Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata - 700069 West Bengal State Electricity Distribution Co. Ltd. ....................Respondent Bidyut Bhawan, Sector – Ii, Block Dj, Bidhan Nagar, Kolkata – 700 091 [Pan: Aaacw6953H] Appearances By: Shri Anand R. Baiwar, Cit Appearing On Behalf Of The Revenue. Shri N.K. Poddar, Sr. Advocate Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : September 12, 2017 Date Of Pronouncing The Order : October 31, 2017 Order Shri P.M. Jagtap, Am These Four Appeals, Two Filed By The Assessee Being Ita No. 871 & 872/Kol/2015 & Two Filed By The Revenue Being Ita No. 1001 & 1002/Kol/2015, Are Cross-Appeals Which Are Directed Against Two

Section 2Section 32(1)(iia)

disallowance made by the AO on account of its claim for additional depreciation under section 32(1)(iia) was challenged by the assessee in the appeal filed before the Ld. CIT (A). During the course of appellate proceedings before the Ld. CIT (A), the following submissions were made by the assessee in support of its claim for additional depreciation under

WEST BENGAL STATE ELECTRICITY DISTRIBUTION CO. LTD.,KOLKATA vs. THE DCIT, CIR-2, KOLKATA, KOLKATA

In the result, both the appeals of the assessee are allowed while both the appeals of the revenue are dismissed

ITA 871/KOL/2015[2010-2011]Status: DisposedITAT Kolkata31 Oct 2017AY 2010-2011

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm ] I.T.A. No. 871 & 872/Kol/2015 Assessment Year 2010-11 & 2011-12 West Bengal State Electricity Distribution Co. Ltd. ...........................Appellant Bidyut Bhawan, Sector – Ii, Block Dj, Bidhan Nagar, Kolkata – 700 091 [Pan: Aaacw6953H] Dcit, Circle 2(2) Kolkata,...................…………………………………………Respondent Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata - 700069 I.T.A. No. 1001 & 1002/Kol/2015 Assessment Year 2010-11 & 2011-12 Dcit, Circle 2(2) Kolkata,...................…………………………………………Appellant Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata - 700069 West Bengal State Electricity Distribution Co. Ltd. ....................Respondent Bidyut Bhawan, Sector – Ii, Block Dj, Bidhan Nagar, Kolkata – 700 091 [Pan: Aaacw6953H] Appearances By: Shri Anand R. Baiwar, Cit Appearing On Behalf Of The Revenue. Shri N.K. Poddar, Sr. Advocate Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : September 12, 2017 Date Of Pronouncing The Order : October 31, 2017 Order Shri P.M. Jagtap, Am These Four Appeals, Two Filed By The Assessee Being Ita No. 871 & 872/Kol/2015 & Two Filed By The Revenue Being Ita No. 1001 & 1002/Kol/2015, Are Cross-Appeals Which Are Directed Against Two

Section 2Section 32(1)(iia)

disallowance made by the AO on account of its claim for additional depreciation under section 32(1)(iia) was challenged by the assessee in the appeal filed before the Ld. CIT (A). During the course of appellate proceedings before the Ld. CIT (A), the following submissions were made by the assessee in support of its claim for additional depreciation under

DCIT, CIR-2(2), KOLKATA, KOLKATA vs. M/S WEST BENGAL STATE ELECTRICITY DISTRIBUTION CO. LTD., KOLKATA

In the result, both the appeals of the assessee are allowed while both the appeals of the revenue are dismissed

ITA 1001/KOL/2015[2010-2011]Status: DisposedITAT Kolkata31 Oct 2017AY 2010-2011

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm ] I.T.A. No. 871 & 872/Kol/2015 Assessment Year 2010-11 & 2011-12 West Bengal State Electricity Distribution Co. Ltd. ...........................Appellant Bidyut Bhawan, Sector – Ii, Block Dj, Bidhan Nagar, Kolkata – 700 091 [Pan: Aaacw6953H] Dcit, Circle 2(2) Kolkata,...................…………………………………………Respondent Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata - 700069 I.T.A. No. 1001 & 1002/Kol/2015 Assessment Year 2010-11 & 2011-12 Dcit, Circle 2(2) Kolkata,...................…………………………………………Appellant Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata - 700069 West Bengal State Electricity Distribution Co. Ltd. ....................Respondent Bidyut Bhawan, Sector – Ii, Block Dj, Bidhan Nagar, Kolkata – 700 091 [Pan: Aaacw6953H] Appearances By: Shri Anand R. Baiwar, Cit Appearing On Behalf Of The Revenue. Shri N.K. Poddar, Sr. Advocate Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : September 12, 2017 Date Of Pronouncing The Order : October 31, 2017 Order Shri P.M. Jagtap, Am These Four Appeals, Two Filed By The Assessee Being Ita No. 871 & 872/Kol/2015 & Two Filed By The Revenue Being Ita No. 1001 & 1002/Kol/2015, Are Cross-Appeals Which Are Directed Against Two

Section 2Section 32(1)(iia)

disallowance made by the AO on account of its claim for additional depreciation under section 32(1)(iia) was challenged by the assessee in the appeal filed before the Ld. CIT (A). During the course of appellate proceedings before the Ld. CIT (A), the following submissions were made by the assessee in support of its claim for additional depreciation under

WEST BENGAL STATE ELECTRICITY DISTRIBUTION CO. LTD.,KOLKATA vs. THE DCIT, CIR-2, KOLKATA, KOLKATA

In the result, both the appeals of the assessee are allowed while both the appeals of the revenue are dismissed

ITA 872/KOL/2015[2011-2012]Status: DisposedITAT Kolkata31 Oct 2017AY 2011-2012

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm ] I.T.A. No. 871 & 872/Kol/2015 Assessment Year 2010-11 & 2011-12 West Bengal State Electricity Distribution Co. Ltd. ...........................Appellant Bidyut Bhawan, Sector – Ii, Block Dj, Bidhan Nagar, Kolkata – 700 091 [Pan: Aaacw6953H] Dcit, Circle 2(2) Kolkata,...................…………………………………………Respondent Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata - 700069 I.T.A. No. 1001 & 1002/Kol/2015 Assessment Year 2010-11 & 2011-12 Dcit, Circle 2(2) Kolkata,...................…………………………………………Appellant Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata - 700069 West Bengal State Electricity Distribution Co. Ltd. ....................Respondent Bidyut Bhawan, Sector – Ii, Block Dj, Bidhan Nagar, Kolkata – 700 091 [Pan: Aaacw6953H] Appearances By: Shri Anand R. Baiwar, Cit Appearing On Behalf Of The Revenue. Shri N.K. Poddar, Sr. Advocate Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : September 12, 2017 Date Of Pronouncing The Order : October 31, 2017 Order Shri P.M. Jagtap, Am These Four Appeals, Two Filed By The Assessee Being Ita No. 871 & 872/Kol/2015 & Two Filed By The Revenue Being Ita No. 1001 & 1002/Kol/2015, Are Cross-Appeals Which Are Directed Against Two

Section 2Section 32(1)(iia)

disallowance made by the AO on account of its claim for additional depreciation under section 32(1)(iia) was challenged by the assessee in the appeal filed before the Ld. CIT (A). During the course of appellate proceedings before the Ld. CIT (A), the following submissions were made by the assessee in support of its claim for additional depreciation under

ITO, WD-36 (2), KOLKATA, KOLKATA vs. M/S SRI RAM COMMERCIAL CO., KOLKATA

In the result, the appeal of the Revenue is dismissed

ITA 77/KOL/2014[2009-2010]Status: DisposedITAT Kolkata02 Dec 2016AY 2009-2010

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

Section 143(3)Section 14ASection 40

section 14A as per Rule 8D at Rs.66,09,520/- as per the following calculation given in the assessment order:- “(i) Direct Expenses Portfolio Management Rs.2,13,081/- Fees Demat Charges Rs. 25,834/- STT (already NIL Rs.2,38,915/- disallowed in computation) Total interest payment Rs.80,71,584/- Investment in shares- Rs.9

SHRI PRAMOD KUMAR TEKRIWAL,KOLKATA vs. INCOME TAX OFFICER, WARD - 30(4), KOLKATA, KOLKATA

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

ITA 2458/KOL/2013[2009-10]Status: DisposedITAT Kolkata27 Jul 2016AY 2009-10

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

Section 139(1)Section 194CSection 24Section 40

disallowed by invoking the provisions of section 40(a)(ia) of the Act? For deciding this question, a brief history of the provisions of section 40(a)(ia) of the Act is required to be narrated. 4. The legislative history of the provisions of Sec.40(a)(ia) of the Act is as follows: Section 40 has certain clauses providing

USHA MARTIN VENTURES LIMITED,KOLKATA vs. D.C.I.T CIR - 6,KOLKATA., KOLKATA

In the result, assessee’s appeal is allowed

ITA 847/KOL/2013[2009-10]Status: DisposedITAT Kolkata29 Feb 2016AY 2009-10

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 115JSection 143(3)Section 14ASection 48Section 50(2)

section 48 of the Act. The AO during the assessment proceedings observed that the assessee has generated LTCG from sale of the immovable properties. The AO also observed that the company to whom the shares were sold was part of the group company of the assessee as the address of the buyer company was also the same

ITO, WARD-45(2), KOLKATA, KOLKATA vs. M/S ASHOK TRADING COMPANY, KOLKATA

In the result, Revenue’s appeal is partly allowed for statistical purpose

ITA 650/KOL/2012[2006-07]Status: DisposedITAT Kolkata07 Oct 2015AY 2006-07

Bench: Shrin.V.Vasudevan & Shri Waseem Ahmedassessment Year :2006-07

Section 143(3)(II)Section 194CSection 40Section 68

disallowance u/s. 40(a)(ia) should be made as per the second proviso referred to above. The aforesaid proviso though stated to be w.e.f. 1.4.2013 should be construed as having operation with retrospective effect from 1.4.2005 when the provisions of section 40(a)(ia) of the Act were first introduced. The provisions are intended to remove hardship which was never

ACIT, CIRCLE-8(2), KOLKATA, KOLKATA vs. M/S OBEROI HOTELS PVT. LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

ITA 2000/KOL/2016[2010-11]Status: DisposedITAT Kolkata12 Apr 2019AY 2010-11

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri S.S. Viswanethra Ravi

Section 143(3)Section 14A

disallowed in computation of income. It is seen that the appellant has claimed dividend income as exempt income under section 10(34) of the Income tax Act and fees for technical services received from UAR as exempt under DTAA. So far as expenditure for dividend income is concerned I have already discussed and decided the issue. Regarding expenses for earning

DCIT, CIRCLE - 10(1), KOLKATA , KOLKATA vs. SHRI JAIDEEP HALWASIYA, KOLKATA

In the result, the appeal of the Revenue is dismissed

ITA 2487/KOL/2017[2013-14]Status: DisposedITAT Kolkata26 Sept 2018AY 2013-14

Bench: Shri P.M. Jagtap & Shri Satbeer Singh Godara

Section 143(3)Section 14A

disallowance made by the Assessing Officer under section 14A of the Income Tax Act, 1961 as per Rule 8D(ii) and Rule 8D(iii) amounting to Rs.99,11,183/- and Rs.18,73,772/- respectively. 2. The assessee in the present case is an individual, who is engaged in the business of providing consultancy services. The return of income (revised

ITO, WD-41(2), KOLKATA, KOLKATA vs. SHRI SAJJAN KUMAR SHARMA, KOLKATA

In the result, the appeal by the Revenue is dismissed

ITA 687/KOL/2014[2007-2008]Status: DisposedITAT Kolkata02 Sept 2016AY 2007-2008

Bench: Hon’Ble Sri N.V.Vasudevan, Jm ] I.T.A No.687/Kol/2014 Assessment Year : 2007-08

For Appellant: Shri Amitabh Bhattacharya, JCITFor Respondent: None
Section 139Section 139(1)Section 143(3)Section 154Section 194CSection 194C(2)Section 194HSection 40

disallowance u/s. 40(a)(ia) of the Act can be made. 9. The legislative history of the provisions of Sec.40(a)(ia) of the Act is as follows: Section 40 has certain clauses providing for the amounts which are not deductible. Sub-clause (ia) of clause (a) of section 40 was inserted by the Finance (No.2) Act, 2004 with effect

DCIT, CIR-3, KOLKATA, KOLKATA vs. M/S VISHNU SHIVA INFRASTRUCTURE (P) LTD., KOLKATA

In the result, the appeal by the revenue is dismissed

ITA 130/KOL/2014[2005-06]Status: DisposedITAT Kolkata19 Oct 2016AY 2005-06

Bench: Hon’Ble Shri P.M.Jagtap, Am & Sri N.V.Vasudevan, Jm ]

For Appellant: Shri Debasis Banerjee, JCIT, Sr.DRFor Respondent: Shri Subash Agarwal, Advocate
Section 194CSection 194ISection 40

disallowance made by the AO has to be sustained. ITA No.130/Kol/2014- M/s. Vishnu Shiva Infrastructure (P) Ltd. A.Y.2005-06 3 8. The ld. Counsel for the assessee on the other hand relied on the order of CIT(A) and submissions made before CIT(A). It was further submitted by him that it was nobody’s case that the payment for hiring