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

202 ITR 454 (Kar)]\n(c) CIT vs Hero Cycles (P) Ltd [(1997) 228 ITR 463 (SC)]\n4.3 With regard to the addition under book profits, it is submitted by\nthe Ld. AR that section 115JB is a self-contained code. Explanation to\nsection 115JB of the Act provides certain adjustment to be made in the\ncomputation of book-profit

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

In the result, the appeals filed by the assessee in ITA Nos

202 ITR 454 (Kar)]\n(c) CIT vs Hero Cycles (P) Ltd [(1997) 228 ITR 463 (SC)]\n4.3 With regard to the addition under book profits, it is submitted by\nthe Ld. AR that section 115JB is a self-contained code. Explanation to\nsection 115JB of the Act provides certain adjustment to be made in the\ncomputation of book-profit

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 and the order dated June 30, 2016 was incorporated by the Assessing Officer in his assessment order dated July 28, 2016. 2.9 For the assessment year 2013-14, the Transfer Pricing Officer by his order dated October 28, 2016 again regarded the corporate guarantee as an international transaction and proposed an adjustment at the rate of 200 bps aggregating

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 and the order dated June 30, 2016 was incorporated by the Assessing Officer in his assessment order dated July 28, 2016. 2.9 For the assessment year 2013-14, the Transfer Pricing Officer by his order dated October 28, 2016 again regarded the corporate guarantee as an international transaction and proposed an adjustment at the rate of 200 bps aggregating

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

202 ITR 454 (Kar)]\n(c) CIT vs Hero Cycles (P) Ltd [(1997) 228 ITR 463 (SC)]\n4.3 With regard to the addition under book profits, it is submitted by\nthe Ld. AR that section 115JB is a self-contained code. Explanation to\nsection 115JB of the Act provides certain adjustment to be made in the\ncomputation of book-profit

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

202 ITR 454 (Kar)]\n(c) CIT vs Hero Cycles (P) Ltd [(1997) 228 ITR 463 (SC)]\n4.3 With regard to the addition under book profits, it is submitted by\nthe Ld. AR that section 115JB is a self-contained code. Explanation to\nsection 115JB of the Act provides certain adjustment to be made in the\ncomputation of book-profit

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

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

202 (Se) as follows:- "71 We have to give effect to the language of the section when it is unambiguous and admits of no doubt regarding its interpretation, particularly when a legal fiction is embedded in that section. A legal fiction has a limited scope. A legal fiction cannot be expanded by giving purposive interpretation particularly if the result

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

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

202 (Se) as follows:- "71 We have to give effect to the language of the section when it is unambiguous and admits of no doubt regarding its interpretation, particularly when a legal fiction is embedded in that section. A legal fiction has a limited scope. A legal fiction cannot be expanded by giving purposive interpretation particularly if the result

RATNABALI CAPITAL MARKETS PVT. LTD., [EARLIER KNOWN AS RATNABALI CAPITAL MARKETS LTD.,],KOLKATA vs. ADDL.CIT, RANGE - 12, KOLKATA , KOLKATA

In the result, the appeal of the assessee is allowed for statistical purposes in above terms

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.356/Kol/2018 ("नधा"रणवष" / Assessment Year:2011-12)

disallowance under section 14A “based on the theory of apportionment of expenditure”. The judgment of Hon`ble Supreme Court of India is the law of land binding on all judicial institutions. For this reason, we prefer not to follow the decision of the Coordinate Bench in the case of Nice Bombay Transport (P) Ltd(supra), as it appears

INCOME TAX OFFICER-WARD-12(1), KOLKATA, KOLKATA vs. M/S STANDARD LEATHER PVT. LTD., KOLKATA

In the result, Revenue’s appeal stands dismissed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Years:2010-11

disallow 20% of the payments made u/s 40A(3) in the process of assessment. We, therefore, delete the addition of Rs. 17,90,571/- and ground no.1 is decided in favour of the assessee. “ CIT vs Crescent Export Syndicate in ITA No. 202 of 2008 dated 30.7.2008 – Jurisdictional High Court decision “It also appears that the purchases have been held

DIPAK KUMAR DEY,HOOGHLY vs. CIT, KOLKATA-9, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi]

202 of 2008, order dt. 30th July, 2008, for the proposition that, when the genuineness of the purchase was not in dispute, disallowance under section

S. N. CONSTRUCTION,BANKURA vs. ACIT, CIR-2, DURGAPUR, DURGAPUR

In the result, the appeal of the assessee is allowed in part and the appeal of the revenue is dismissed

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Hon’Ble Shri S.S.Godara, Jm] I.T.A No. 1117/Kol/2017 Assessment Year : 2011-12 S.N. Construction -Vs- Acit, Circle-2, Durgapur [Pan: Abafs 9119 B] (Appellant) (Respondent) I.T.A No. 1205/Kol/2017 Assessment Year : 2011-12 Acit, Circle-2, Durgapur -Vs- S.N. Construction [Pan: Abafs 9119 B] (Appellant) (Respondent)

202 of 2008 judgment dated 30.07.2008 held as follows: “It also appears that the purchases have been held to be genuine by the learned CIT(Appeal) but the learned CIT(A) has invoked Section 40A(3) for payment exceeding Rs.20,000/- since it is not made by crossed cheque or bank draft but by hearer cheques 14 S.N. Construction A.Yrs

ACIT, CIR-2, DURGAPUR, DURGAPUR vs. S. N. CONSTRUCTION, BANKURA

In the result, the appeal of the assessee is allowed in part and the appeal of the revenue is dismissed

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Hon’Ble Shri S.S.Godara, Jm] I.T.A No. 1117/Kol/2017 Assessment Year : 2011-12 S.N. Construction -Vs- Acit, Circle-2, Durgapur [Pan: Abafs 9119 B] (Appellant) (Respondent) I.T.A No. 1205/Kol/2017 Assessment Year : 2011-12 Acit, Circle-2, Durgapur -Vs- S.N. Construction [Pan: Abafs 9119 B] (Appellant) (Respondent)

202 of 2008 judgment dated 30.07.2008 held as follows: “It also appears that the purchases have been held to be genuine by the learned CIT(Appeal) but the learned CIT(A) has invoked Section 40A(3) for payment exceeding Rs.20,000/- since it is not made by crossed cheque or bank draft but by hearer cheques 14 S.N. Construction A.Yrs

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

SMT SHILA MONDAL,BURDWAN vs. ITO, WD-2(2), ASANSOL, ASANSOL

In the result, assessee’s appeal stands allowed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Years:2010-11

disallow 20% of the payments made u/s 40A(3) in the process of assessment. We, therefore, delete the addition of Rs. 17,90,571/- and ground no.1 is decided in favour of the assessee. “ CIT vs Crescent Export Syndicate in ITA No. 202 of 2008 dated 30.7.2008 – Jurisdictional High Court decision “It also appears that the purchases have been held

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

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

202 ITR 222 (AP) (FB). We thus reverse the CIT(A)’s above lower appellate findings to this effect. 8. Next comes equally important aspect of quantification of the impugned disallowance under these three head(s) of direct, proportionate interest and administrative expenditure. The assessee’s suo motu disallowance figure(s) of ₹10.1, ₹12.04 and 15.97 (in lakhs) falling under

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

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

202 ITR 222 (AP) (FB). We thus reverse the CIT(A)’s above lower appellate findings to this effect. 8. Next comes equally important aspect of quantification of the impugned disallowance under these three head(s) of direct, proportionate interest and administrative expenditure. The assessee’s suo motu disallowance figure(s) of ₹10.1, ₹12.04 and 15.97 (in lakhs) falling under

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

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

202 ITR 222 (AP) (FB). We thus reverse the CIT(A)’s above lower appellate findings to this effect. 8. Next comes equally important aspect of quantification of the impugned disallowance under these three head(s) of direct, proportionate interest and administrative expenditure. The assessee’s suo motu disallowance figure(s) of ₹10.1, ₹12.04 and 15.97 (in lakhs) falling under