TM INTERNATIONAL LOGISTICS LIMITED,KOLKATA vs. DCIT, CIR. 8(1) , KOLKATA

In the result, all the three appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2012-13 & Assessment Year: 2013-14 & Assessment Year: 2016-17

disallowance under section 14A of the Act read with Rule 8D of the Rules, without appreciating the submission made by the Appellant that no expenditure has been incurred in earning the exempt income. 4. That, on the facts and in the circumstances of the case and law, the Learned AO be directed to grant interest under section 244A

TM INTERNATIONAL LOGISTICS LIMITED,KOLKATA vs. DCIT, CIR. 8(1), KOLKATA

In the result, all the three appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2012-13 & Assessment Year: 2013-14 & Assessment Year: 2016-17

disallowance under section 14A of the Act read with Rule 8D of the Rules, without appreciating the submission made by the Appellant that no expenditure has been incurred in earning the exempt income. 4. That, on the facts and in the circumstances of the case and law, the Learned AO be directed to grant interest under section 244A

TM INTERNATIONAL LOGISTICS LIMITED,KOLKATA vs. DCIT, CIR. 8(1) , KOLKATA

In the result, all the three appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2012-13 & Assessment Year: 2013-14 & Assessment Year: 2016-17

disallowance under section 14A of the Act read with Rule 8D of the Rules, without appreciating the submission made by the Appellant that no expenditure has been incurred in earning the exempt income. 4. That, on the facts and in the circumstances of the case and law, the Learned AO be directed to grant interest under section 244A

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

GRAPHITE INDIA LTD.,KOLKATA vs. ADDI. COMMISSIONER OF INCIME TAX, RANGE - 11, KOLKATA

In the result, the appeal of the assessee is partly allowed as indicated above

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

disallowance made by the Assessing Officer on this issue observing that when own funds are mixed with borrowed funds, it is quite legitimate to apportion the interest expenses. 13. The ld. Counsel for the assessee took us through the copies of written submission made on this issue before the Assessing Officer as placed at pages

M/S. BATA INDIA LTD., ,KOLKATA vs. DDIT, CPC, , BENGALURU

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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

section 115P of the Act was also raised in the following grounds of appeal before the Ld. CIT(A): “1. For that in view of the facts and in the circumstances, the intimation served by the DDIT, CPC, Bengaluru on 25.05.2023 (and bearing the date 29.12.2021) is barred by limitation and is liable to be quashed. 2. For that

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

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

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 in wrongly computing additional tax and interest payable on distributed profit of Rs. 4,44,320 without assigning any reason thereto. The appellant submits

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

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

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 in wrongly computing additional tax and interest payable on distributed profit of Rs. 4,44,320 without assigning any reason thereto. The appellant submits

M/S. MATERIALS CHEMICALS AND PERFORMANCE INTERMEDIARIES PVT. LTD. (FORMERLY, MCC PTA INDIA CORP. PRIVATE LTD.),KOLKATA vs. ACIT, CIRCLE 11, KOLKATA, KOLKATA

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

Bench: Dr. Manish Borad & Shri Anikesh Banerjee]

244A of the Act on the amount of refund computed pursuant to the order of the Hon'ble ITAT against the captioned appeal. The Appellant craves leave to add to, alter, delete or modify the above grounds of appeal.” 5. The Ld. A.R further placed that Ld. CIT(A) has passed the order after accepting the order of Special Bench

ACIT, CIRCLE-43, KOLKATA, KOLKATA vs. M/S. SHREE HANUMAN IRON WORKS, KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And "ी एम .बालागणेश, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Shri M.Balaganesh, Am]

section 244A (Rs. l4425/-), an amount of Rs. 117464/- was arrived at as 'refundable'. The refund amount was adjusted with refund made u/s 143(3) of Rs.3390 to result in a net refundable of Rs.114074/-. In response to notice u/s 142(1), the assessee submitted 'Details of purchases for the year ended 31.03.2008. The total amount of purchases shown

PRICE WATERHOUSE & CO., [NOW KNOWN AS PRICE WATERHOUSE & CO. CHARTERED ACCOUNTANTS LLP],KOLKATA vs. DCIT, CIRCLE - 22, , KOLKATA

In the result, appeal filed by the assessee is allowed

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am Vs. Dcit, Circle-22, Kolkata Price Waterhouse & Co, Kolkata (Now Versus Known As Price Waterhouse & Co Chartered Accountants Llp)

244A of the Income-tax Act, 1961 as per the relevant provisions of the Act. The Assessee submits that the above grounds are independent and without prejudice to one another. The Assessee desires leave to add to or alter, by deletion, substitution or otherwise, any or all of the above grounds of objections, at any time before or during

M/S WIRES & FABRIKS (SA) LTD.,KOLKATA vs. D.C.I.T CIR - 3(1), KOLKATA

Appeal is allowed in above terms

Bench: Shri P.M. Jagtap, V.P & Shri S. S. Godara, Jm आयकर अपीलसं./I.T.A No.863/Kol/2019 ("नधा"रण वष" / Assessment Year: 2013-14) Wires & Fabricks (Sa) Ltd. Vs. Dcit, Circle-3(1), Kolkata. 7, Chittaranjan Avenue, Laha Paint House, Kolkata – 700072. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaacw2586L (Appellant) .. (Respondent) Appellant By : Shri Rip Das, Fca Respondent By : Smt. Ranu Biswas, Sr. Dr सुनवाई क" तार"ख/ Date Of Hearing : 10/12/2019 घोषणा क" तार"ख/Date Of Pronouncement : 31/12/2019 आदेश / O R D E R Per Shri S. S. Godara: This Assessee’S Appeal For Assessment Year 2013-14 Arises Against The Commissioner Of Income Tax (A)-1, Kolkata Dated 12.02.2019 Passed In Case No.10591/Cit(A)-1/ Kol/Circle-3(1)/2016-17 Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. The Assessee’S Sole Substantive Grievance Canvassed In The Instant Appeal Challenges Correctness Of Both The Lower Authorities’ Action Declining 115Jaa Mat Credit As Prayed For In Section 154 Rectification Proceedings. The Cit(A)’S Detailed Discussion On Affirming The Assessing Officer’S Action To This Effect Reads As Under: “8. Grounds Of Appeal No. 2 & 3 Are Being Considered In A Consolidated Manner. It Was The Plea Of The Assessee That The A.O. Should Have Considered The Schedule Matc Of Itr6

244A of the Income-tax Act, 1961 and allowed interest on refund determined due to excess payment of advance tax. 9. The matter had been remanded to the ld. A.O. who has submitted his response to the submissions made by the assessee. It was stated by him vide a report dated 23.01.2019- "In the instant case the assessment was completed

NAT WEST MARKETS PLC- INDIA BRANCH ,KOLKATA vs. ACIT(I.T)-1(2), KOLKATA. , KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Sonjoy Sarma, Jm Nat West Markets Plc-India Acit (I.T)-1(2), Kolkata Branch Aaykar Bhavan Poorva, 2 Nd 907, Regus, 9Thfloor, Floor, Psarcadia,4A, Abandindra Nath Vs. 110, Shanti Pally, Thakur Sarani, Kolkata-700016, Kolkata-700107, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aacct8020E Assessee By : Shri Percy Pardiwala, Ar Revenue By : Shri Gaurav Kanujia, Dr Date Of Hearing: 15.01.2025 Date Of Pronouncement : 31.01.2025

section 244A of the Act accrued to the assessee as the refund and interest was determined in the case of Netherlands Entity and not to the assessee. The ld. AR submitted that the assessee had taken over all assets and liabilities of the Indian branches that were in existence on 27.02.2017 and any amount which accrued thereafter to the Netherlands

PRICEWATERHOUSE COOPERS PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 1(1),, KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

disallowed in subsequent AY 2021-22, by merely stating that it does not arise out of the assessment order. 4. That on the facts and in the circumstances of the case and in law, the Ld. CIT (Appeals), erred in not considering the claim (made during the course of assessment proceedings) of expenses

CENTURY ENKA LIMITED,PANAGARH vs. DCIT, CIRCLE-6, KOLKATA, KOLKATA

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

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

disallowance of provision for leave encashment to the file of the Assessing Officer for deciding the same as per the same direction as given by the Tribunal for A.Ys. 2008-09 and 2009-10. Ground No. 1 of the assessee’s appeal is accordingly treated as allowed for statistical purposes. 4. Ground No. 2 raised by the assessee relating

BISHNU OIL COMPANY ,KOLKATA vs. ITO, WARD - 31(3), KOLKATA , KOLKATA

In the result the appeal of the assessee is allowed

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Smt. Madhumita Roy, Jm ] Assessment Year : 2013-14

disallowance can be made in respect of interest so paid without deduction of tax if the tax is duly paid by the payee. 7. At the time of hearing of the appeal the ld. Representative of the assessee argued that such tax was not deducted on the basis of declaration of recipients of the interest that necessary tax on such

ITO, WD-36(4), KOLKATA, KOLKATA vs. THE NEW INDIA ASSURANCE CO LTD., KOLKATA

In the result, the appeal of the revenue is allowed for statistical purposes

section 80P(2)(a)(i) on the amount of interest received u/s. 244A of the Act and interest earned on FDs from bank should be assessed under the ‘profit & gains of business’. 3 6. The CIT-A after considering the above submissions and the case laws as relied on by the assessee of Mumbai Tribunal, allowed the claim

M/S NEW KENILWORTH HOTEL PVT. LTD.,KOLKATA vs. ACIT, RANGE 8, KOLKATA, KOLKATA

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

Bench: Hon’Ble Shri S.S.Godara, Jm & Hon’Ble Shri M.Balaganesh, Am] I.T.A No. 2005/Kol/2016 Assessment Year : 2011-12 M/S New Kenilworth Hotel Pvt. Ltd. -Vs- Acit, Range-8, Kolkata [Pan: Aabcn 0986 A] (Appellant) (Respondent)

section 194H of the Act. The ld. AR has informed that the similar disallowance made in assessment year 2010-11 in assessee’s own case was deleted by the ld. CIT(A) against which the revenue did not prefer any appeal before this Tribunal. He also argued that no such disallowance was made by the ld. AO in subsequent years