ALLAHABAD BANK,KOLKATA vs. ADD.CIT,RANGE-6, KOLKATA, KOLKATA

In the result the appeal of the revenue is dismissed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ] Assessment Year : 2008-09

disallowance under Section 14A of the Act of Rs.54,50,26,415. 11. The AO computed the disallowance under Rule

ACIT, CIRCLE-3, KOLKATA, KOLKATA vs. M/S TATA METALICS LTD., KOLKATA

In the result, all the four appeals of the Revenue are dismissed, while all the four appeals of the assessee are treated as partly allowed as indicated above

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

section 80IA in respect of Captive Power Units and dismiss Grounds No. 1, 2 & 3 of the Revenue’s appeal. 33. Grounds No. 4 & 5 of the Revenue’s appeal and Ground No. 2 of the assessee’s appeal involved a common issue relating to the disallowance of Rs.6,26

D.C.I.T CIR - 10,KOLKATA, KOLKATA vs. M/S PHILLIPS CARBON BLACK LTD, KOLKATA

In the result, the appeals of Revenue in ITA 2123/Kol/13 and ITA

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

section 14A of the I.T Act, 1961.” 2. Hon’ble President, ITAT nominated Shri G.D Agarwa, Hon’ble Vice President (AZ)KZ) as Third Member. The Hon’ble Third Member vide his order dated 27.05.2011 has concurred with the findings of ld. Accountant Member by observing as under:- “7. I have considered the submissions of both the parties and perused

DCIT, CIRCLE - 6(1), KOLKATA, KOLKATA vs. M/S. INTEGRATED COAL MINING LIMITED, KOLKATA

Appeal is partly allowed in above terms

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2010-11 Dcit, Circle-6(1), V/S. M/S Integrated Coal P-7, Chowringhee Mining Ltd., 6, Church Square, Kolkata-69 Lane, 1Ste Floor, Kolakta-700001 [Pan No.Aaaci 5584 L] .. अपीलाथ" /Appellant ""यथ"/Respondent Dr. P.K. Srihari, Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri Diparun Mukherjee, Aca & ""यथ" क" ओर से/By Respondent Shri Alolk Goenka, Aca 15-01-2019 सुनवाई क" तार"ख/Date Of Hearing 15-03-2019 घोषणा क" तार"ख/Date Of Pronouncement

26,98,92,628 total income. In light of the above, without prejudice to the contention' of respondent that Rule 8D of the Rules should not be applied in the instant case, the disallowance as per Rule 8D of the Rules should be restricted to Rs. 13,49,463 as per the calculation made above. Disallowance under section

SRI AMIT KUMAR SEN,KOLKATA vs. D.C.I.T CIR - 51,KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed and the appeal of the Revenue is dismissed

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

disallowance amounting to Rs.7,26,274/- was confirmed by him under section 40A(3), no separate addition under section 40(a)(ia) was I.T.A

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

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

section 254(2) of the Act. Accordingly this Tribunal had disposed of that miscellaneous application in MA No.26/Kol/2016 arising out of ITA NO.1032/Kol/2012 on 27-07-2016 and recalled the order of the tribunal with regard to the issue of 14A of the Act alone. Hence it has become necessary for us to adjudicate the issue of disallowance U/S.14A

PUNJAB PRODUCE HOLDINGS LTD,KOLKATA vs. D.C.I.T., CIRCLE - 5(1),KOLKATA, KOLKATA

In the result, the appeal of the assessee is treated as allowed

Bench: Shri P.M. Jagtap, Am] I.T.A. No. 2057/Kol/2017 Assessment Year: 2009-10 M/S. Punjab Produce Holdings Ltd................................……………….....................Appellant Birla Building, 4Th Floor, 9/1, R.N. Mukherjee Road, Kolkata – 700 001 [Pan: Aabcm 7053 M] Dcit Cir 5(1),...................………………………………………………………………………Respondent Aayakar Bhawan, 8Th Floor, P-7, Chowringhee Square, Kolkata – 700 069 Appearances By: Shri Akkal Dudhuwala, Ar Appearing On Behalf Of The Assessee. Shri Pinaki Mukherjee, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 22, 2018 Date Of Pronouncing The Order : March 21, 2018

26,761/- and made a disallowance to that extent under section 14A while computing the income of the assessee under

M/S RECKITT BENCKISER (I) LTD.,KOLKATA vs. JCIT, R-12, KOLKATA, KOLKATA

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

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

disallowance made by the Assessing Officer and confirmed by the ld. CIT(Appeals) on account of assessee’s claim for deduction under section 80IA to the extent of Rs.47,34,361/-. I.T.A. Nos. 1671/KOL./2008 & 1024/KOL/2009 Assessment years: 2003-2004 & 2004-2005 & I.T.A. Nos. 1699/KOL/2008 & 973/KOL/2009 Assessment years: 2003-2004 & 2004-2005 Page 19 of 34 26

DCIT, CC-1(3), KOLKATA vs. M/S RUNGTA MINES LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri J. Sudhakar Reddy, Am & Ms. Madhumita Roy, Jm आयकरअपीलसं./I.T.A No.2199/Kol/2019 ("नधा"रणवष" / Assessment Year: 2015-16) Acit, Cc-1(3), Kolkata Vs. M/S Rungta Mines Pvt. Ltd. 8A, Express Tower, 42A, Shakespeare Sarani, Kolkata. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcr6463N (Appellant) .. (Respondent)

26,28,266/-treating as compensatory in nature and allowable u/s 37 of the IT Act disregarding the observation of the A.O that punitive charges for overloading was penal in nature. 2. Whether on the facts & circumstances of the case stated above, Lt. CIT(A) is correct by deleting the addition under section 14A read with Rule

D.C.I.T CIR - 5,KOLKATA, KOLKATA vs. M/S KESORAM INDUSTRIES LIMITED, KOLKATA

In the result the revenue’s appeals for A

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

disallowance of depreciation. Ground No. 2 of the Revenue’s appeal is dismissed. 18. Ground No. 3 of the revenue’s appeal is against the action of the Ld. CIT(A) in accepting the assessee’s claim for considering the market value of electricity for the purpose of section 80IA to be the average landed cost of electricity at which

KESORAM INDUSTRIES LIMITED,KOLKATA vs. ADDL C.I.T RG - 5,KOLKATA, KOLKATA

In the result the revenue’s appeals for A

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

disallowance of depreciation. Ground No. 2 of the Revenue’s appeal is dismissed. 18. Ground No. 3 of the revenue’s appeal is against the action of the Ld. CIT(A) in accepting the assessee’s claim for considering the market value of electricity for the purpose of section 80IA to be the average landed cost of electricity at which

KESORAM INDUSTRIES LIMITED,KOLKATA vs. DCIT, CIRCLE-5(1), KOLKATA, KOLKATA

In the result the revenue’s appeals for A

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

disallowance of depreciation. Ground No. 2 of the Revenue’s appeal is dismissed. 18. Ground No. 3 of the revenue’s appeal is against the action of the Ld. CIT(A) in accepting the assessee’s claim for considering the market value of electricity for the purpose of section 80IA to be the average landed cost of electricity at which

ACIT, CIRCLE-5, KOLKATA, KOLKATA vs. M/S KESORAM INDUSTRIES. LTD, KOLKATA

In the result the revenue’s appeals for A

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

disallowance of depreciation. Ground No. 2 of the Revenue’s appeal is dismissed. 18. Ground No. 3 of the revenue’s appeal is against the action of the Ld. CIT(A) in accepting the assessee’s claim for considering the market value of electricity for the purpose of section 80IA to be the average landed cost of electricity at which

KESORAM INDUSTRIES LTD.,KOLKATA vs. DCIT, CIR-5, KOLKATA, KOLKATA

In the result the revenue’s appeals for A

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

disallowance of depreciation. Ground No. 2 of the Revenue’s appeal is dismissed. 18. Ground No. 3 of the revenue’s appeal is against the action of the Ld. CIT(A) in accepting the assessee’s claim for considering the market value of electricity for the purpose of section 80IA to be the average landed cost of electricity at which

KESORAM INDUSTRIES LTD.,KOLKATA vs. ADD.CIT,RANGE-5,, KOLKATA

In the result the revenue’s appeals for A

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

disallowance of depreciation. Ground No. 2 of the Revenue’s appeal is dismissed. 18. Ground No. 3 of the revenue’s appeal is against the action of the Ld. CIT(A) in accepting the assessee’s claim for considering the market value of electricity for the purpose of section 80IA to be the average landed cost of electricity at which

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 u/s 14A of the Act for the purpose of computing book profit u/s 115JB of the Act we find that the issue is well-settled by the judgment of Hon'ble Jurisdictional High Court in the case of CIT vs. Jayshree Tea & Industries Ltd. [GA No. 1501 of 2014] wherein Hon'ble Court has held that provisions of 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-

Bench: Dr. Manish Borad & Sonjoy Sarma

disallowance u/s 14A of the Act for the purpose of computing book profit u/s 115JB of the Act we find that the issue is well-settled by the judgment of Hon'ble Jurisdictional High Court in the case of CIT vs. Jayshree Tea & Industries Ltd. [GA No. 1501 of 2014] wherein Hon'ble Court has held that provisions of Section

ACIT-6(2), KOLKATA vs. M/S NATIONAL INSURANCE CO.LTD., KOLKATA

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

Bench: Sri Rajpal Yadav & Dr. Manish Borad

section 44 read with Rule 5 of the First Schedule, there could not be any disallowance of the amount written off out of investments and, accordingly, the disallowance of Rs.4,22,26