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

section 2(22)(e) of the Act and allow these common grounds of appeal raised by the assessee against the addition made u/s 2(22)(e) of the Act. 31. The next common issue for our consideration is disallowance u/s 2(24)(x) of the Act at Rs. 27,126/- and at Rs. 53,507/- for Assessment Years

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

section 2(22)(e) of the Act and allow these common grounds of appeal raised by the assessee against the addition made u/s 2(22)(e) of the Act. 31. The next common issue for our consideration is disallowance u/s 2(24)(x) of the Act at Rs. 27,126/- and at Rs. 53,507/- for Assessment Years

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

section 2(22)(e) of the Act and allow these common grounds of appeal raised by the assessee against the addition made u/s 2(22)(e) of the Act. 31. The next common issue for our consideration is disallowance u/s 2(24)(x) of the Act at Rs. 27,126/- and at Rs. 53,507/- for Assessment Years

DEPUTY COMMISSIONER OF INCOME TAX, CIR-3(2), GANGTOK, GANGTOK SIKKIM vs. SIKKIM STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED, GANGTOK SIKKIM

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

disallowed the claim of deduction under section 80P (2) (d) and held that the entire interest income of Rs. 2,59,49,002/-, was taxable as Income from Other Sources under section 56, as the assessee has failed to produce any evidence to show that it has incurred any expenditure wholly and exclusively to earn such interest income.” 3.3. During

THE DCIT, CIR-3(2) GANGTOK, GANGTOK SIKKIM vs. SIKKIM STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED , GANGTOK SIKKIM

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

disallowed the claim of deduction under section 80P (2) (d) and held that the entire interest income of Rs. 2,59,49,002/-, was taxable as Income from Other Sources under section 56, as the assessee has failed to produce any evidence to show that it has incurred any expenditure wholly and exclusively to earn such interest income.” 3.3. During

INDIAN CHAMBER OF COMMERCE. ,KOLKATA vs. DCIT, CIR-1(1), (EXEMPTION), KOLKATA

In the result, both the appeals of the assessee are allowed

Bench: Shri Rajpalyadav, Vice-(Kz) & Shri Rajesh Kumar]

disallowing exemption u/s 11 of the Act ,the AO observed that the assessee has received sponsorship fees from the sponsors for the purpose of holding meetings, conferences and seminars and in exchange they were allowed to display their banners and promote their business and brand names on its platforms and also for taking part in the deliberation of the said

INDIAN CHAMBER OF COMMERCE,KOLKATA vs. DCIT,CIR-1(1), (EXEMPTION), KOLKATA. , KOLKATA

In the result, both the appeals of the assessee are allowed

Bench: Shri Rajpalyadav, Vice-(Kz) & Shri Rajesh Kumar]

disallowing exemption u/s 11 of the Act ,the AO observed that the assessee has received sponsorship fees from the sponsors for the purpose of holding meetings, conferences and seminars and in exchange they were allowed to display their banners and promote their business and brand names on its platforms and also for taking part in the deliberation of the said

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

disallowance of expenses of' Rs.14.28,000/- was made in terms of section 14A(2) read with Rule 8D(2) (iii) and the same therefore cannot be added under clause (f) to the Explanation to section 11SJB of the Act. The appellant submits that the aforesaid view of the appellant also finds support from the decision of the Hon'ble Delhi

ACIT, LTU - 2, KOLKATA , KOLKATA vs. M/S. UCO BANK, KOLKATA

In the result, appeal of the Revenue is dismissed

Bench: Shri S. S. Godara, Jm & Dr. A.L. Saini, Am Vs. M/S Uco Bank Acit, Ltu-2, Kolkata 10, Btm, Sarani, Kolkata – 700001. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacu3561B .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

disallowance of Rs.31,35,91,170/- made by the Assessing Officer u/s 14A r.w.r 8D of the Rules. Therefore, grounds raised by the Revenue are dismissed. 13. Ground Nos.6 & 7 relates to book profit adjustment u/s 115JB of the Act. The Ld. CIT (A)-11, erred in law and on facts by holding that the provision of section 115JB

MEGA ENGINEERS & BUILDERS,PORT BLAIR vs. DCIT, CIR. 3(2) , PORT BLAIR

In the result, the appeal of assessee is allowed

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

32/- relating to closing work in progress. The Ld. CIT(A) simply affirmed order of AO by ignoring all the facts on record. Accordingly the order passed by the Ld. CIT(A) cannot be sustained as being contrary to the facts on records. Consequently we set aside the order of Ld. CIT(A) and direct the AO to delete

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

32,734/- in respect of disallowances under section 40(a)(ia), the Assessee is able to produce the necessary challans in respect of amount of expenditure of Rs. 96,38,368/-. The Assessee was however unable to produce the TDS challans in respect of payment of Rs. 2

RAMPURIA INDUSTRIES & INVESTMENTS LTD., ,KOLKATA vs. PRINCIPAL CIT, CENTRAL - 1, KOLKATA , KOLKATA

In the result, appeal of the assessee is allowed

disallow the loss in question and hence the conclusion that the Assessing Officer has not called for the details and verified the same conclusion that the Assessing Officer has not called for the details and verified the same conclusion that the Assessing Officer has not called for the details and verified the same after application of mind, is a factually

BIBHISANPUR SAMABAY KRISHI UNNAYAN SAMITY LTD.,KOLKATA vs. I.T.O., WARD - 27(4), HALDIA/ WBG-W-176(3), HALDIA

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

2 relating to the amount of ₹32,79,394/- as added to the income and charged as tax as per order, which is requested to be deleted considering the facts that the expenditure is illegal and bad in the eyes of law was incorrect as what was disallowed was the claim of deduction

D.C.I.T CIR - 1,KOLKATA, KOLKATA vs. M/S THE INDIA JUTE & INDUSTRIES LTD, KOLKATA

In the result, the grounds raised by the revenue are dismissed

Bench: : Shri M. Balaganeshita No. 802/Kol/2013 A.Y 2007-08 D.C.I.T, Circle-1, Kolkata Vs. M/S. The India Jute & Industries Ltd Pan: Aabct1896P (Appellant) (Respondent)

disallowance of set-off of unabsorbed depreciation of Rs.2,61,32,164/-, which pertains to the period beyond the stipulated period of eight years limit.” 5. The Learned DR argued that Section 32(2

DCIT, CIRCLE - 8(1), KOLKATA, KOLKATA vs. M/S. ASHIANA HOUSING LIMITED , KOLKATA

In the result, the appeal filed by the Revenue stands dismissed and the appeal filed by the assessee stands partly allowed for statistical purposes

Bench: The Cit-A. The Cit-A By Placing His Reliance On An Order Of Kolkata Bench (Itat, Kolkata) In The Case Of Rei Agro Ltd Reported In (2013) 144 Itd 141 (Kolkata-Trib) Directed The Ao To Verify The Details Of Investment Filed Before Him & To Compute The Expenditure Accordingly In Terms Of Investment, Which Yielded Exempt Income.

2) would also apply where the assessee makes a claim that there is no expenditure incurred. This is because if the assessee does not make a disallowance under section 14A in its computation of total income, when filing the return, then if sub- section (3) was not available, the AO might not be able to make a disallowance under section

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

Bench: Shri S.S.Godara & Dr. A.L.Saini

disallowance(s) amounting to ₹4,13,89,820/-, ₹7,93,98,262/- and ₹2,67,59,194/-; respectively made in the course of corresponding as many assessments. The CIT(A)’s discussion to this effect reads as under:- “26. DECISION: 1. I have carefully considered the submissions of the Learned. ARs in light of the facts available on record

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

Bench: Shri S.S.Godara & Dr. A.L.Saini

disallowance(s) amounting to ₹4,13,89,820/-, ₹7,93,98,262/- and ₹2,67,59,194/-; respectively made in the course of corresponding as many assessments. The CIT(A)’s discussion to this effect reads as under:- “26. DECISION: 1. I have carefully considered the submissions of the Learned. ARs in light of the facts available on record

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

Bench: Shri S.S.Godara & Dr. A.L.Saini

disallowance(s) amounting to ₹4,13,89,820/-, ₹7,93,98,262/- and ₹2,67,59,194/-; respectively made in the course of corresponding as many assessments. The CIT(A)’s discussion to this effect reads as under:- “26. DECISION: 1. I have carefully considered the submissions of the Learned. ARs in light of the facts available on record

DCIT, CENTRAL CIR. VI, KOLKATA vs. M/S J.K. LAKSHMI CEMENT LTD., KOLKATA

In the result, assessee’s CO is partly allowed

Bench: Shri Waseem Ahmed & Shri Partha Sarathi Chowdhury

section 32(2) by the Finance Act will be effective from 1st April 2002, but intention behind the amendment could only be interpreted as if it has the effect retrospectively. In addition to above we also find that the Hon'ble jurisdictional High Court in the case of M/s India Jute And Industries Ltd. (supra) after having reliance