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

27,83,684/- as a business expenditure under section 37(1) of the Act, not disallowable under section 4O(a)(ii) or 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

27,83,684/- as a business expenditure under section 37(1) of the Act, not disallowable under section 4O(a)(ii) or section

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

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

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

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

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

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

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

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

BISWANATH HOSIERY MILLS LTD.,KOLKATA vs. ACIT, CIR. 4(2), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Anikesh Banerjee & Shri Rakesh Mishraassessment Year: 2017-18

27 has erred in upholding addition of Rs. 14,94,650/- made by The Assistant Commissioner of Income Tax, Central Circle 4(2), Kolkata vide its order u/s 143(3) dated 16-12-2019. 4. That the appellant craves right to add, alter or modify any of the ground of appeal before or at any time during the course

SREELEATHERS LIMITED,KOLKATA vs. D.C.I.T., CIRCLE - 8(2),, KOLKATA

In the result, the appeal of the assessee is allowed

disallowance under Section 14A of the Act can be made if\nthe assessee had not earned any exempt income), as the\nrevenue has not been accepted the said decision and has\npreferred an SLP against the said decision.\n4. Learned counsel for the petitioner also submits that in view of\nthe amendment made by the Finance Act, 2022 to Section

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

27 (Delhi Trib)\nand the Hon'ble Bombay High court in the case of CIT VS. JSW Energy\nLtd., (2015) 60 taxmann.com 303 (Bombay), the CIT(A) held that the\nprovisions of Section 14A(1) of the Act can be imported into clause (1)\nof Section 115JB and that being a deeming provision the scope of clause\n(1) contained

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

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

27 (Delhi Trib)\nand the Hon'ble Bombay High court in the case of CIT VS. JSW Energy\nLtd., (2015) 60 taxmann.com 303 (Bombay), the CIT(A) held that the\nprovisions of Section 14A(1) of the Act can be imported into clause (1)\nof Section 115JB and that being a deeming provision the scope of clause\n(1) contained

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

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

27 (Delhi Trib)\nand the Hon'ble Bombay High court in the case of CIT VS. JSW Energy\nLtd., (2015) 60 taxmann.com 303 (Bombay), the CIT(A) held that the\nprovisions of Section 14A(1) of the Act can be imported into clause (1)\nof Section 115JB and that being a deeming provision the scope of clause\n(1) contained

APEEJAY PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 8(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 116/Kol/2023 Assessment Year: 2013-14

27,126 53,507 34,631 2(24)(x) Disallowance of - - 4,23,358 91,306 Interest on IT, ST & TDS 6. Aggrieved the assessee preferred appeal before the ld. CIT(A) but failed to succeed on the issues, which are in challenge before us. 7. So far as the main issue relating to deemed dividend under section

APEEJAY PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 8(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 116/Kol/2023 Assessment Year: 2013-14

27,126 53,507 34,631 2(24)(x) Disallowance of - - 4,23,358 91,306 Interest on IT, ST & TDS 6. Aggrieved the assessee preferred appeal before the ld. CIT(A) but failed to succeed on the issues, which are in challenge before us. 7. So far as the main issue relating to deemed dividend under section

APEEJAY PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 8(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 116/Kol/2023 Assessment Year: 2013-14

27,126 53,507 34,631 2(24)(x) Disallowance of - - 4,23,358 91,306 Interest on IT, ST & TDS 6. Aggrieved the assessee preferred appeal before the ld. CIT(A) but failed to succeed on the issues, which are in challenge before us. 7. So far as the main issue relating to deemed dividend under section

APEEJAY PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 8(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 116/Kol/2023 Assessment Year: 2013-14

27,126 53,507 34,631 2(24)(x) Disallowance of - - 4,23,358 91,306 Interest on IT, ST & TDS 6. Aggrieved the assessee preferred appeal before the ld. CIT(A) but failed to succeed on the issues, which are in challenge before us. 7. So far as the main issue relating to deemed dividend under section

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

27 (Delhi Trib)\nand the Hon'ble Bombay High court in the case of CIT VS. JSW Energy\nLtd., (2015) 60 taxmann.com 303 (Bombay), the CIT(A) held that the\nprovisions of Section 14A(1) of the Act can be imported into clause (1)\nof Section 115JB and that being a deeming provision the scope of clause\n(1) contained

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- V (I), KOLKATA vs. BIRLA CORPORATION LIMITED, BIRLA BUILDING

In the result, both the appeals of the revenue is dismissed, as also the cross objection filed by the assessee for both the years

Bench: SHRI SONJOY SARMA, JUDICIAL MEMBER SHRI SANJAY AWASTHI (Accountant Member)

Section 115JB of the Act. The AO's action of adding back the disallowance computed under Rule 8D is also held to be unjustified in view of the decision of the Special Bench of Delhi ITAT in the case of ACIT vs Vireet Industries Ltd. (165 ITD 27

GRAPHITE INDIA LTD.,KOLKATA vs. PR.CIT-4, KOLKATA

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

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumar

disallowance under Section 14A of the Act can be made if the assessee had not earned any exempt income), as the revenue has not been accepted the said decision and has preferred an SLP against the said decision. 4. Learned counsel for the petitioner also submits that in view of the amendment made by the Finance Act, 2022 to Section