I.T.C LIMITED,KOLKATA vs. C.I.T KOL - III,KOLKATA, KOLKATA

In the result, all the three appeals of assessee are allowed

Bench: Shri N.V.Vasusdevan & Shri Waseem Ahmedassessment Year :2009-10 Assessment Year: 2008-09 Assessment Year: 2007-08

disallowing interest income on excess dividend distribution tax paid. Any such excess tax paid has to be refunded together with interest under section 244A, as rightly granted by the Assessing Officer. 7. For that on the facts and in the circumstances of the case, the Commissioner of Income Tax erred in assuming jurisdiction u/s. 263 of the Act when

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

2. Disallowance of royalty under section 40(a)(ia) of the Act due to non-deduction of tax at source T M International Logistics Ltd., AYs 2012-13, 2013-14 & 2016-17 (a) That, on the facts and in the circumstances of case and in law, the Learned CIT(A) has erred in upholding addition of amount under dispute with

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

2. Disallowance of royalty under section 40(a)(ia) of the Act due to non-deduction of tax at source T M International Logistics Ltd., AYs 2012-13, 2013-14 & 2016-17 (a) That, on the facts and in the circumstances of case and in law, the Learned CIT(A) has erred in upholding addition of amount under dispute with

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

2. Disallowance of royalty under section 40(a)(ia) of the Act due to non-deduction of tax at source T M International Logistics Ltd., AYs 2012-13, 2013-14 & 2016-17 (a) That, on the facts and in the circumstances of case and in law, the Learned CIT(A) has erred in upholding addition of amount under dispute with

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

2) of the I.T. Act, 1961 has been deleted, no expenditure under entertainment should be disallowed. I have considered the TAR and the contention of the assessee. The fact remains that bonafide of the expenditure towards entertainment is to be established to claim deduction of expenditure in full. But the nature of expenditure and entertainment offered are not available

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]

2. Ground 13: Interest under section 244A of the Act On the facts and in the circumstances of the case, Appellant requests for appropriate direction to compute interest under section 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

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

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

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 I.T.A No.863/Kol/2019 Wires & Fabricks (SA) Ltd. in full. It is further noted that the ld. A.O. should have considered the provisions of Section 244A of the Income-tax Act, 1961 and allowed interest

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

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

2,67,54,530 being excess depreciation to the tune of 15% claimed by the Company on moulds. 7.2. The Learned AO and DRP erred in law and on facts in disallowing the excess depreciation on moulds without taking cognizance of the provisions of the Act read with Income-tax Rules, 1962. 7.3. The Learned AO and DRP erred

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

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

2,67,54,530 being excess depreciation to the tune of 15% claimed by the Company on moulds. 7.2. The Learned AO and DRP erred in law and on facts in disallowing the excess depreciation on moulds without taking cognizance of the provisions of the Act read with Income-tax Rules, 1962. 7.3. The Learned AO and DRP erred

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

2) and 142(1) of the Act. It appears that during the previous year under appeal the assessee purchased tyres and accessories costing of Rs.15,000/- and Rs.17,500/- respectively. However the claim of such expenses incurred on business was not accepted by the ld. AO on the ground that no bills/vouchers/receipts were produced in support of such claim neither

SYAMA PRASAD MOOKERJEE PORT TRUST,KOLKATA vs. PCIT-5, KOLKATA

In the result, the assessee’s appeal for AY 2015-16 is allowed and for AY 2016-17 is dismissed

Bench: Sri Rajpal Yadav & Sri Manish Borad

disallowance u/s 37 - Rs.27,93,751/- a) Ld. PCIT erred by ignoring the fact that it is a matter covered in favour of assessee in assessee’s own case for earlier AYs vide a combined Order dt. 21.02.2020 in ITA Nos.453,452, 367-369/ Kol/ 2018, a copy of which was submitted to the ld. PCIT vide Letter

SYAMA PRASAD MOOKERJEE PORT TRUST,KOLKATA vs. PCIT-5, KOLKATA

In the result, the assessee’s appeal for AY 2015-16 is allowed and for AY 2016-17 is dismissed

Bench: Sri Rajpal Yadav & Sri Manish Borad

disallowance u/s 37 - Rs.27,93,751/- a) Ld. PCIT erred by ignoring the fact that it is a matter covered in favour of assessee in assessee’s own case for earlier AYs vide a combined Order dt. 21.02.2020 in ITA Nos.453,452, 367-369/ Kol/ 2018, a copy of which was submitted to the ld. PCIT vide Letter

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 PHILLIPS INDIA LIMITED,KOLKATA vs. ACIT, CIR-12(2), KOLKATA, KOLKATA

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

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Hon’Ble Shri M.Balaganesh, Am ] I.T.A No. 612/Kol/2017 Assessment Year : 2012-13 M/S Philips India Ltd. -Vs- Acit, Circle-12(2), Kolkata (Formerly Philips Electronics India Ltd.) [Pan: Aabcp 9487 A] (Appellant) (Respondent)

disallowing the lease rent paid without taking cognizance of the decision of the Supreme Court in the case of ICDS Ltd. vs. CIT (2013) 350 ITR 527 (SC). 7.3. Strictly without prejudice to the above, the Learned AO and DRP erred in law and on facts in not allowing depreciation on total payment towards lease transactions including interest

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

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