UNITED BANK OF INDIA,KOLKATA vs. DCIT, LTU, CIRCLE - 1, KOLKATA, KOLKATA

In the result, the Revenue’s appeal is dismissed (ITA No

Bench: the ITAT. The grounds may be extracted for reference:

disallowance is directed to stand as such fo the purposes of section 14A of the Act. 6. The Ld. AR took us through grounds of appeals 4 to 9, which challenge the action of both the Ld. AO and the Ld. CIT(A) in applying the provision of section 115JB of the Act even when the assessee was not incorporated

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]

section 143 (3) on a total income of Rs. 584,750/-, as a result of which an additional demand of Rs. 1,17,910/-was raised against the assessee which was inclusive of education cess and interest levied u/s 234B, 234C & 234D. In the assessment order the A.O. made an addition of Rs. 5427/- on account of unexplained closing balance

BHARGAB ENGINEERING WORKS,HOWRAH vs. PCIT, CENTRAL KOLKATA 2, , KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Shri George Mathan & Shri Rakesh Mishra

234D on the refund issued earlier vide intimation under section 143(1) of the Act was dropped. However, employees’ contribution on account of delayed payment of PF and ESI was allowed both in the intimation under section 143(1) as well as in the order under section 143(3), it was submitted. The issue relating to custom penalty was allowed

HALDIA PETROCHEMICALS LIMITED,KOLKATA vs. DCIT, CIRCLE-11(1), KOLKATA, KOLKATA

In the result, the appeal of the Assessee is treated as partly allowed while the appeal of the Revenue is dismissed

Bench: Shri P.M. Jagtap & Shri S.S. Godara, Jm] I.T.A. No. 622/Kol/2017 Assessment Year 2008-09 Haldia Petrochemicals Ltd...............................……………………………….........................Appellant Bengal Eco Entelligent Park (Techna), Tower – 1, Block – Em, Plot No. – 3, Sector – V, Salt Lake City, 3Rd Floor, Kolkata – 700 091 [Pan: Aaach 7360 R] D.C.I.T. Cir 11(1)...................…………………………………………......................................Respondent P-7, Chowringhee Square, Kolkata – 700 069 I.T.A. No. 609/Kol/2017 Assessment Year 2008-09 D.C.I.T. Cir 11(1)...................………………………………………….........................................Appellant P-7, Chowringhee Square, Kolkata – 700 069 Haldia Petrochemicals Ltd...............................………………………………...................Respondent Bengal Eco Entelligent Park (Techna), Tower – 1, Block – Em, Plot No. – 3, Sector – V, Salt Lake City, 3Rd Floor, Kolkata – 700 091 [Pan: Aaach 7360 R] Appearances By: Shri H Chakraborty, Ar Appearing On Behalf Of The Assessee. Shri P.K. Srihari, Cit, Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 01, 2018 Date Of Pronouncing The Order : November 22, 2018 Order Shri P.M. Jagtapthese Two Appeals, One Filed By The Assessee Being Ita No. 622/K/2017 & The Other Filed By The Revenue Being Ita No. 609/K/2017, Are Cross Appeals Which Are Directed Against The Order Of Ld. Cit (A) – 10, Kolkata Dated 30.01.2017. 2. The Issue Involved In Ground No. 1 Of The Assessee’S Appeal Relates To The Disallowance Of Rs. 57,53,60,000/- Made By The A.O. & 2 I.T.A. Nos. 622 & 609/Kol/2017 Haldia Petrochemicals Ltd. Confirmed By The Ld. Cit(A) On Account Of Unexplained Excess Consumption Of Raw Material (Nahptha).

section 14A of the Act. The A.O. therefore applied Rule 8D to workout such expenses at Rs. 30 lacs and made a disallowance to that extent u/s 14A. On appeal, the Ld. CIT(A) restricted the said disallowance to 1% of the dividend income earned 10 I.T.A. Nos. 622 & 609/Kol/2017 Haldia Petrochemicals Ltd. by following decision of the Tribunal

DCIT, CIR-11(1), KOLKATA, KOLKATA vs. M/S. HALDIA PETROCHEMICALS LTD., KOLKATA

In the result, the appeal of the Assessee is treated as partly allowed while the appeal of the Revenue is dismissed

Bench: Shri P.M. Jagtap & Shri S.S. Godara, Jm] I.T.A. No. 622/Kol/2017 Assessment Year 2008-09 Haldia Petrochemicals Ltd...............................……………………………….........................Appellant Bengal Eco Entelligent Park (Techna), Tower – 1, Block – Em, Plot No. – 3, Sector – V, Salt Lake City, 3Rd Floor, Kolkata – 700 091 [Pan: Aaach 7360 R] D.C.I.T. Cir 11(1)...................…………………………………………......................................Respondent P-7, Chowringhee Square, Kolkata – 700 069 I.T.A. No. 609/Kol/2017 Assessment Year 2008-09 D.C.I.T. Cir 11(1)...................………………………………………….........................................Appellant P-7, Chowringhee Square, Kolkata – 700 069 Haldia Petrochemicals Ltd...............................………………………………...................Respondent Bengal Eco Entelligent Park (Techna), Tower – 1, Block – Em, Plot No. – 3, Sector – V, Salt Lake City, 3Rd Floor, Kolkata – 700 091 [Pan: Aaach 7360 R] Appearances By: Shri H Chakraborty, Ar Appearing On Behalf Of The Assessee. Shri P.K. Srihari, Cit, Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 01, 2018 Date Of Pronouncing The Order : November 22, 2018 Order Shri P.M. Jagtapthese Two Appeals, One Filed By The Assessee Being Ita No. 622/K/2017 & The Other Filed By The Revenue Being Ita No. 609/K/2017, Are Cross Appeals Which Are Directed Against The Order Of Ld. Cit (A) – 10, Kolkata Dated 30.01.2017. 2. The Issue Involved In Ground No. 1 Of The Assessee’S Appeal Relates To The Disallowance Of Rs. 57,53,60,000/- Made By The A.O. & 2 I.T.A. Nos. 622 & 609/Kol/2017 Haldia Petrochemicals Ltd. Confirmed By The Ld. Cit(A) On Account Of Unexplained Excess Consumption Of Raw Material (Nahptha).

section 14A of the Act. The A.O. therefore applied Rule 8D to workout such expenses at Rs. 30 lacs and made a disallowance to that extent u/s 14A. On appeal, the Ld. CIT(A) restricted the said disallowance to 1% of the dividend income earned 10 I.T.A. Nos. 622 & 609/Kol/2017 Haldia Petrochemicals Ltd. by following decision of the Tribunal

M/S. PRICEWATERHOUSE COOPERS PRIVATE LIMITED,KOLKATA vs. ACIT, CIRCLE - 2(2), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed partly

disallowance of Firm Services expenditure payment amounting to ₹150,046,130/ ₹150,046,130/-.” 19. The ld. D/R, could not controvert the submissions of the assessee that the issue is uld not controvert the submissions of the assessee that the issue is uld not controvert the submissions of the assessee that the issue is covered by this above referred order

INDI STOCK PVT LTD.,KOLKATA vs. ITO, WD-6(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Shri P.M. Jagtap

disallowance of Rs.1,00,000/- made under section 14A and dismiss Ground No. 2 of the assessee’s appeal. 7. The issue involved in ground No. 3 relating to the charging of interest under section 234B and 234D

SMT. PRIYANKA GANGULY,KOLKATA vs. D.C.I.T.(IT)-CIRCLE-2(1), KOLKATA

In the result, the appeal filed by the assessee in ITA No

Bench: Dr. Manish Borad&Shri Anikesh Banerjee]

section 234D of the Act. 5. Each one of the above grounds of appeal is without prejudice to the other. 6. The appellant craves leave to add to, amend, alter, vary, omit or substitute the aforesaid grounds of appeal or add a new ground or grounds of appeal at any time before or at the time of hearing

ACIT, CC-XX, KOLKATA, KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LIMITED, KOLKATA

In the result, this ground is allowed

Bench: Shri M. Balaganesh, Am & Shri S. S. Viswanethra Ravi, Jm]

DISALLOWANCE OF DEDUCTION U/S 80IA OF THE ACT IN RESPECT OF SALE OF SCRAP Ground No. 3 in ITA No. 1371/Kol/2010 for Asst Year 2002-03 The brief facts of this issue is that the assessee claimed deduction u/s 80IA of the Act for Rs. 93,34,945/- which included income from sale of scrap amounting

M/S PHILIPS INDIA LTD.,KOLKATA vs. DCIT, CIR-12(2), KOLKATA, KOLKATA

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

234D of the Act. 12. Interest under section 244A 12.1. The Learned AO erred in recovering interest of Rs. 42,39,613 under section 244A of the Act. 13. Penalty u/s 271(1)(c) 13.1. The Learned AO erred in initiating penalty proceedings under section 271 (1)(c) of the Act. 14. Dividend Distribution Tax 14.1 The learned AO erred

DCIT, CIR-12(2), KOLKATA, KOLKATA vs. M/S PHILIPS INDIA LTD., KOLKATA

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

234D of the Act. 12. Interest under section 244A 12.1. The Learned AO erred in recovering interest of Rs. 42,39,613 under section 244A of the Act. 13. Penalty u/s 271(1)(c) 13.1. The Learned AO erred in initiating penalty proceedings under section 271 (1)(c) of the Act. 14. Dividend Distribution Tax 14.1 The learned AO erred

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

In the result, the appeal of the assessee is allowed

Bench: Shri A.T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.74/Kol/2018 (िनधा"रणवष" / Assessment Year: 2010-11) United Bank Of India Vs. Acit, Ltu-1, Kolkata

section 40(a)(ia) is only applicable to amount payable, therefore, the whole addition is completely arbitrary, unjustified and illegal. 5. For that on the facts of the case, the Ld. CIT(A) was wrong in restricting the disallowance u/s. 14A amounting to Rs.1.58 crores by invoking Rule 8D(2)(iii), but shares are held as stock-in-trade

HITT HOLLAND INSTITUTE OF TRAFFICE TECHNOLOGY B.V. vs. DCIT, INTERNATIONAL TAXATION 1(1), KOLKATA, KOLKATA

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

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 390/Kol/2015 Assessment Year : 2011-12 Hitt Holland Institute Of Traffic Technology B.V -Vs- Dcit, International Taxation, (Now Known As “Saab Technologies B.V.). Circle-1(1), Kolkata [Pan: Aabch 5694 R] (Appellant) (Respondent)

disallowance. Ground no. 2 is thus allowed. 2.5.5. We find that the installation, testing and commissioning services rendered by the assessee cannot be said to enrich the personnel of AAI with such knowledge that they can perform such services in the future of their own. Therefore, such activities in 9 10 HITT Holland Institute of Traffic Technology B.V. (now known

SIDDHARTHA KANDAR,KOLKATA vs. ITO, WD-3, HALDIA, HALDIA

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

Bench: Shri P.M. Jagtap

disallowance of Rs.9,00,000/- under section 40(a)(ia) on account of payment of bus hire charges to the file of the Assessing Officer for deciding the same afresh in the light of the decision of the Tribunal in the case of Abhoy Charan Bakshi (supra) after verifying the claim of the assessee that the concerned recipients

SHRI SANTANU SANYAL,KOLKATA vs. ACIT, CIR. 2(1), KOLKATA

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

Bench: Dr. Manish Borad & Pradip Kumar Choubey

disallowing exemption under Section 10(38) on long terms capital gains of Rs. 2,30,238/- from of sale of equity share and equity-oriented fund, while giving effect to the Impugned Order. Page 3 of 12 I.T.A. No.: 41/KOL/2024 Assessment Year: 2016-17 Shri Santanu Sanyal. 9. That the Ld. AO erred on facts

HALDIA PETROCHEMICALS LTD.,KOLKATA vs. ACIT, CIR-8, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed while the appeal of revenue is treated as dismissed

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm ] I.T.A. No. 1532/Kol/2015 Assessment Year 2003-04 Haldia Petrochemicals Ltd..............................………………………………………….Appellant Bengal Eco Intelligent Park (Techno) Tower 1, Block Em, Plot-3, Salt Lake City, Sec-V, 3Rd Floor, Kolkata – 700 091 [Pan: Aaach 7360 R] Acit, Circle 8 Kolkata,...................…………………………………………………….Respondent P-7, Chowringhee Square, Aayakar Bhawan, Kolkata - 700069 I.T.A. No. 167/Kol/2016 Assessment Year 2003-04 Dcit, Circle 11(1) Kolkata.............................………………………………………..Appellant P-7, Chowringhee Square, Kolkata – 700 069 Haldia Petrochemicals Ltd..............................………………………………………Respondent Bengal Eco Intelligent Park (Techno) Tower 1, Block Em, Plot-3, Salt Lake City, Sec-V, 3Rd Floor, Kolkata – 700 091 [Pan: Aaach 7360 R] Appearances By: Shri Harakamal Chakravorty, Ar Appearing On Behalf Of The Assessee. Shri Sallong Yaden, Addl. Cit Appearing On Behalf Of The Revenue.

disallowance of excess claim of depreciation. He however deleted the interest of Rs. 10,25,506/- charged by the A.O. under section 234D

DCIT, CIR-11(1), KOLKATA, KOLKATA vs. M/S HALDIA PETROCHEMICALS LTD., KOLKATA

In the result, the appeal of the assessee is allowed while the appeal of revenue is treated as dismissed

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm ] I.T.A. No. 1532/Kol/2015 Assessment Year 2003-04 Haldia Petrochemicals Ltd..............................………………………………………….Appellant Bengal Eco Intelligent Park (Techno) Tower 1, Block Em, Plot-3, Salt Lake City, Sec-V, 3Rd Floor, Kolkata – 700 091 [Pan: Aaach 7360 R] Acit, Circle 8 Kolkata,...................…………………………………………………….Respondent P-7, Chowringhee Square, Aayakar Bhawan, Kolkata - 700069 I.T.A. No. 167/Kol/2016 Assessment Year 2003-04 Dcit, Circle 11(1) Kolkata.............................………………………………………..Appellant P-7, Chowringhee Square, Kolkata – 700 069 Haldia Petrochemicals Ltd..............................………………………………………Respondent Bengal Eco Intelligent Park (Techno) Tower 1, Block Em, Plot-3, Salt Lake City, Sec-V, 3Rd Floor, Kolkata – 700 091 [Pan: Aaach 7360 R] Appearances By: Shri Harakamal Chakravorty, Ar Appearing On Behalf Of The Assessee. Shri Sallong Yaden, Addl. Cit Appearing On Behalf Of The Revenue.

disallowance of excess claim of depreciation. He however deleted the interest of Rs. 10,25,506/- charged by the A.O. under section 234D

SIKA INDIA PVT. LTD.,KOLKATA vs. DCIT, CIR-11, KOLKATA, KOLKATA

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

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

disallowing the deduction of lease' premium of Rs 40,968 on land on the basis that the same, is in the nature of capital expenditure; 10. On the facts and in the circumstances of the case and, in law, the learned AO based on directions of DRP erred in concluding that the lease rights of the plots of land