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

section 14A of the Act. 12. The AO computed disallowance under Rule 8D(2)(iii) of the Rules as follows: ½% of the average investments of Rs.8418,06,46

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

section 80P. Thus, interest income from this bank cannot be considered as income from investments with any other ‘co-operative society’ and is, thus, not eligible for deduction u/s 80P(2)(d). {emphasis supplied} Page 16 of 30 I.T.A. No.: 1021/KOL/2024 Assessment Year: 2020-21 Bibhisanpur Samabay Krishi Unnayan Samity Ltd. 6.7 In view of the aforesaid discussion

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. JCIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

2,006,398) 373,512 Less: Amount of deferred tax asset created for the 158,117 first time in the year crediting the profit & loss account Less: profit for the year 88,381 2003-04 Amount available for set (1,474,769) off 373,512 Amount available for set (964,897) off in future year The AO during assessment proceedings

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. ADDL. CIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

2,006,398) 373,512 Less: Amount of deferred tax asset created for the 158,117 first time in the year crediting the profit & loss account Less: profit for the year 88,381 2003-04 Amount available for set (1,474,769) off 373,512 Amount available for set (964,897) off in future year The AO during assessment proceedings

ACIT, CIRCLE - 7, KOLKATA vs. VODAFONE ESSAR EAST LTD., KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

2,006,398) 373,512 Less: Amount of deferred tax asset created for the 158,117 first time in the year crediting the profit & loss account Less: profit for the year 88,381 2003-04 Amount available for set (1,474,769) off 373,512 Amount available for set (964,897) off in future year The AO during assessment proceedings

M/S. VODAFONE ESSAR EAST LIMITED,KOLKATA vs. ACIT, CIRCLE - 7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

2,006,398) 373,512 Less: Amount of deferred tax asset created for the 158,117 first time in the year crediting the profit & loss account Less: profit for the year 88,381 2003-04 Amount available for set (1,474,769) off 373,512 Amount available for set (964,897) off in future year The AO during assessment proceedings

DCIT, CIRCLE - 7, KOLKATA, KOLKATA vs. VODAFONE ESSAR EAST LIMITED, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

2,006,398) 373,512 Less: Amount of deferred tax asset created for the 158,117 first time in the year crediting the profit & loss account Less: profit for the year 88,381 2003-04 Amount available for set (1,474,769) off 373,512 Amount available for set (964,897) off in future year The AO during assessment proceedings

M/S VODAFONE EAST LIMITED (FORMERLY KNOWN AS VODAFONE ESSAR EAST LIMITED),KOLKATA vs. ACIT, CIR-7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

2,006,398) 373,512 Less: Amount of deferred tax asset created for the 158,117 first time in the year crediting the profit & loss account Less: profit for the year 88,381 2003-04 Amount available for set (1,474,769) off 373,512 Amount available for set (964,897) off in future year The AO during assessment proceedings

M/S. VODAFONE ESSAR EAST LIMITED,KOLKATA vs. ACIT, CIRCLE - 7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

2,006,398) 373,512 Less: Amount of deferred tax asset created for the 158,117 first time in the year crediting the profit & loss account Less: profit for the year 88,381 2003-04 Amount available for set (1,474,769) off 373,512 Amount available for set (964,897) off in future year The AO during assessment proceedings

ACIT, CIRCLE - 7, KOLKATA vs. HUTCHISON TELECOM EAST LIMITED, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

2,006,398) 373,512 Less: Amount of deferred tax asset created for the 158,117 first time in the year crediting the profit & loss account Less: profit for the year 88,381 2003-04 Amount available for set (1,474,769) off 373,512 Amount available for set (964,897) off in future year The AO during assessment proceedings

TATA GLOBAL BEVERAGE LIMITED,KOLKATA vs. ACIT, CIR-4, KOLKATA, KOLKATA

In the result ITA No.1869/Kol/2014 is allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am ]

section 14A of the Act r.w. Rule 8D(2)(iii). 45. The CIT(A) however did not agree with the submissions made by the assessee and he confirmed the order of the AO by observing as follows :- “3.3. I have gone through the submissions filed by the appellant. Though the appellant has suo moto disallowed salary expenses of various employees

TATA GLOBAL BEVERAGE LIMITED,KOLKATA vs. ACIT, CIR-4, KOLKATA, KOLKATA

In the result ITA No.1869/Kol/2014 is allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am ]

section 14A of the Act r.w. Rule 8D(2)(iii). 45. The CIT(A) however did not agree with the submissions made by the assessee and he confirmed the order of the AO by observing as follows :- “3.3. I have gone through the submissions filed by the appellant. Though the appellant has suo moto disallowed salary expenses of various employees

TATA GLOBAL BEVERAGE LIMITED,KOLKATA vs. ACIT, CIR-4, KOLKATA, KOLKATA

In the result ITA No.1869/Kol/2014 is allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am ]

section 14A of the Act r.w. Rule 8D(2)(iii). 45. The CIT(A) however did not agree with the submissions made by the assessee and he confirmed the order of the AO by observing as follows :- “3.3. I have gone through the submissions filed by the appellant. Though the appellant has suo moto disallowed salary expenses of various employees

TATA GLOBAL BEVERAGE LIMITED,KOLKATA vs. ACIT, CIR-4, KOLKATA, KOLKATA

In the result ITA No.1869/Kol/2014 is allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am ]

section 14A of the Act r.w. Rule 8D(2)(iii). 45. The CIT(A) however did not agree with the submissions made by the assessee and he confirmed the order of the AO by observing as follows :- “3.3. I have gone through the submissions filed by the appellant. Though the appellant has suo moto disallowed salary expenses of various employees

TATA GLOBAL BEVERAGE LIMITED,KOLKATA vs. ACIT, CIR-4, KOLKATA, KOLKATA

In the result ITA No.1869/Kol/2014 is allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am ]

section 14A of the Act r.w. Rule 8D(2)(iii). 45. The CIT(A) however did not agree with the submissions made by the assessee and he confirmed the order of the AO by observing as follows :- “3.3. I have gone through the submissions filed by the appellant. Though the appellant has suo moto disallowed salary expenses of various employees

GUNJA SAMABAY KRISHI UNNAYAN SAMITY LTD,PURULIA vs. PCIT,, ASANSOL

In the result, the appeal of the assessee is allowed

Bench: Shri Aby T Varkey & Shri Girish Agrawalassessment Year: 2016-17 Gunja Samabay Krishi Pcit, Asansol Unnayan Samity Ltd. Vill. Gunja, Golbera, P.S. Vs. Joypur, Dist. Purulia, Pin. 723103 Pan: Aabag 2110 M (Appellant) (Respondent)

section 80P of the Act provides exemption to various co-operative societies including a co-operative society engaged in carrying on the business of banking or providing credit facilities to its members from the whole of the amount of profits and gains of business attributable to any one or more of such activities. Ld. PCIT placed reliance on the decision

DCIT, CIR-8(1), KOLKATA, KOLKATA vs. M/S EIH LTD., KOLKATA

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

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 153/Kol/2016 Assessment Year : 2011-12 Dcit, Circle-8(1), Kolkata -Vs- M/S Eih Limited [Pan: Aaace 6898 B] (Appellant) (Respondent) I.T.A No. 110/Kol/2016 Assessment Year : 2011-12 M/S Eih Limited -Vs- Dcit, Circle-8(1), Kolkata [Pan: Aaace 6898 B] (Appellant) (Respondent) For The Appellant : Shri Kanchun Kaushal,Ar For The Department : Shri G.Mallikarjuna, Cit Dr Date Of Hearing : 26.10.2017 Date Of Pronouncement : 12.01.2018 Order Per Bench:

section 38(2) of the Act, the proportionate expenditure 5 A.Yrs.2011-12 incurred on running , repairs & maintenance of the aircrafts and depreciation were disallowed by the ld AO as under:- Expenditure on running, repairs & maintenance of aircrafts 2,75,56,751/- Depreciation claimed u/s 32 of the Act 4,06,46

EIH LTD.,KOLKATA vs. THE DCIT, CIR-8(1), KOLKATA, KOLKATA

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

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 153/Kol/2016 Assessment Year : 2011-12 Dcit, Circle-8(1), Kolkata -Vs- M/S Eih Limited [Pan: Aaace 6898 B] (Appellant) (Respondent) I.T.A No. 110/Kol/2016 Assessment Year : 2011-12 M/S Eih Limited -Vs- Dcit, Circle-8(1), Kolkata [Pan: Aaace 6898 B] (Appellant) (Respondent) For The Appellant : Shri Kanchun Kaushal,Ar For The Department : Shri G.Mallikarjuna, Cit Dr Date Of Hearing : 26.10.2017 Date Of Pronouncement : 12.01.2018 Order Per Bench:

section 38(2) of the Act, the proportionate expenditure 5 A.Yrs.2011-12 incurred on running , repairs & maintenance of the aircrafts and depreciation were disallowed by the ld AO as under:- Expenditure on running, repairs & maintenance of aircrafts 2,75,56,751/- Depreciation claimed u/s 32 of the Act 4,06,46