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

disallowance i.e., Rs. 1,19,67,718/- is also\na subject matter of addition by virtue of clause (f) under Explanation [1] to\nthe section

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

disallowance i.e., Rs. 1,19,67,718/- is also\na subject matter of addition by virtue of clause (f) under Explanation [1] to\nthe section

SIDDHI VINAYAKA GRAPHICS PVT. ,KOLKATA vs. A.D.I.T., CPC, BENGALURU/ACIT, CIRCLE - 7(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee stands dismissed

Bench: Shri Sanjay Gargi.T.A No.61/Kol/2023 Assessment Year: 2020-21 Siddhi Vinayaka Graphics Pvt. Ltd.................................................……Appellant 58/5B, B.T. Road, Kolkata-700002 [Pan: Aakcs3206R] Vs. Adit, Cpc, Bengaluru/ Acit, Circle-7(2), Kolkata….…...................……........……...…..…..Respondent Appearances By: Shri P. R. Kothari, Fca, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 13, 2023 Date Of Pronouncing The Order : May 16, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 30.11.2022 Of The National Faceless Appeal Centre (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “For That On Facts & Circumstances Of The Case & In Law, The Ld. Commissioner Of Income Tax(Appeals), Nfac Erred In Sustaining The Addition On Account Of Alleged Late Deposit Of Employee’S Contribution To Pf/Esi Etc. To The Extent Of Rs.792872/- Made By The Ld. Assessing Officer In Summary Assessment.”

section 36(1)(va) from beginning being similar to that now held by Hon'ble Supreme Court in the case of Checkmate Services (P) Ltd. Vs. CIT (2022) 448 ITR 518 (SC), the base of Checkmate's case is changed and disallowance u/s. 36(1)(va) is not warranted upto asst. yr. 2020-21 even in case of belated deposit

SIDDHI VINAYAKA GRAPHICS PVT. LTD.,KOLKATA vs. A.D.I.T., CPC, BENGALURU / I.T.O., CIRCLE - 7(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee stands dismissed

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2019-20

section 36(1)(va) from beginning being similar to that now held by Hon'ble Supreme Court in the case of Checkmate Services (P) Ltd. Vs. CIT (2022) 448 ITR 518 (SC), the base of Checkmate's case is changed and disallowance u/s. 36(1)(va) is not warranted upto asst. yr. 2020-21 even in case of belated deposit

NATIONAL INSURANCE COMPANY LIMITED,NEW TOWN vs. DCIT, CIRCLE 5(1),, KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

1,48,87,000/- was not an allowable expenditure and added the same to the total income of the assessee. Further, the Ld. AO disallowed an amount of ₹38,40,909/- u/s 14A of the Act r.w. rule 8D of the Income Tax Rules, 1962 on account of expenses related to exempt income. An amount

NATIONAL INSURANCE COMPANY LIMITED,NEW TOWN vs. DCIT, CIRCLE 5(1),, KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

1,48,87,000/- was not an allowable expenditure and added the same to the total income of the assessee. Further, the Ld. AO disallowed an amount of ₹38,40,909/- u/s 14A of the Act r.w. rule 8D of the Income Tax Rules, 1962 on account of expenses related to exempt income. An amount

NATIONAL INSURANCE COMPANY LIMITED,NEW TOWN vs. DCIT, CIRCLE 5(1),, KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

1,48,87,000/- was not an allowable expenditure and added the same to the total income of the assessee. Further, the Ld. AO disallowed an amount of ₹38,40,909/- u/s 14A of the Act r.w. rule 8D of the Income Tax Rules, 1962 on account of expenses related to exempt income. An amount

ORIENTAL CHARITABLE FOUNDATION,KOLKATA vs. CIT(EXEMPTIONS), KOLKATA

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

Bench: Shri Rajpal Yadav & Shri Rakesh Mishraassessment Year: 2017-18

1. That in the facts and circumstances of the case, the order passed by Assessing Officer under section 143(3) of the Act dated 06.09.2019 was neither erroneous nor prejudicial to the interest of the Revenue and hence the Ld. Pr. CIT has erred in initiating proceedings u/s 263 of the Act and subsequently setting aside the order under section

BIDYUT PRAKAS BHATTACHARYA,KOLKATA vs. I.T.O., WARD - 52(1), KOLKATA

In the result, the appeal filed by the assessee is allowed

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 90 and same cannot be disallowed for non-compliance with procedural requirement as prescribed in the rules. 10. Further, we would like to mention that rule 128(9) provides that Form No. 67 should be filed on or before the due date of filing the return of income as prescribed u/s 139(1

BHARGAB ENGINEERING WORKS,HOWRAH vs. PCIT, CENTRAL KOLKATA 2, , KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Shri George Mathan & Shri Rakesh Mishra

disallowed. Hence, such failure rendered the assessment order under section 147 r.w.s. 143(3) dated 30.03.2023 erroneous as well as prejudicial to the interests of the revenue. The ld. PCIT has gone through the provisions of the Act and the arguments and the decision relied upon by the assessee in the case of CIT vs. Vijay Shree

ZAFAR IQBAL,SILIGURI vs. DCIT, CIRCLE - 1, SILIGURI, SILIGURI

In the result, the appeal filed by the assessee is partly allowed for\nstatistical purposes

section 54F(1)\nwhich says that \"net consideration\", in relation to the transfer of a capital\nasset, means the full value of the consideration received or accruing as a\nresult of the transfer of the capital asset as reduced by any expenditure\nincurred wholly and exclusively in connection with such transfer.\nIn CIT vs. Miss Piroja C. Patel

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

67 taxmann.com 260 (Koi) Pricewaterhouse Coopers (P.) Ltd. -vs.- ACIT [2020] 183 ITD 354 (Kolkata - Trib.) Page 33 of 41 I.T.A. No.: 1854/Kol/2016 Assessment Year: 2012-13 I.T.A. No.: 1899/Kol/2017 Assessment Year: 2013-14 M/s. Tata Global Beverages Limited. 4.1 The next common issue is disallowance under section 14A of the Act while computing book profits in accordance with 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

67 taxmann.com 260 (Koi) Pricewaterhouse Coopers (P.) Ltd. -vs.- ACIT [2020] 183 ITD 354 (Kolkata - Trib.) Page 33 of 41 I.T.A. No.: 1854/Kol/2016 Assessment Year: 2012-13 I.T.A. No.: 1899/Kol/2017 Assessment Year: 2013-14 M/s. Tata Global Beverages Limited. 4.1 The next common issue is disallowance under section 14A of the Act while computing book profits in accordance with section

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

67,90,636/- and (iii) addition on account of disallowance of education cess of ₹6,03,51,771/-. The Ld. AO thus assessed the total income at ₹637,75,02,388/-. The Ld. CIT(A) further held that once the order u/s 143(3) r.w.s. 144C(3) r.w.s. 144B of the Act is passed, the order u/s 143(1

I.T.O.(EXEMPTION), WARD-1(1), KOLKATA, KOLKATA vs. CAMELLIA EDUCARE TRUST, KOLKATA

In the result, appeal of the revenue is dismissed and Cross

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2020-21

67,16,797/-, assessee went in appeal before the Ld. CIT(A) who allowed the claim of the assessee by observing that the delay in filing the return of income and Form 10B was due to the outbreak of Pandemic of Covid-19 coupled with a fire which broke at the premises of the assessee wherein most

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

DEBANJAN CHATTERJEE,KOLKATA vs. D.D.I.T., CPC, BENGALURU, BENGALORE

In the result, the appeal of the assessee is allowed

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 1959/Kol/2024 Assessment Year: 2021-2022 Debanjan Chatterjee,……..…………….…………Appellant C-3/14, East Enclave Cooperative Society, Rajarhat, Kolkata-700156 [Pan:Aezpc7707H] -Vs.- Deputy Director Of Income Tax,………………Respondent Cpc, Bengluru, Bangalore-560500 Appearances By: Shri Nilesh Kariya, A.R., Appeared On Behalf Of The Assessee Shri Sanjay Paul, Addl. Cit,Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: November 28, 2024 Date Of Pronouncing The Order: December 02, 2024 O R D E R

Section 90 and same cannot be disallowed for non-compliance with procedural requirement that is prescribed in the rules. 10. Further, we would like to mention that rule 128(9) provides that Form No. 67 should be filed on or before the due date of filing the return of income as prescribed u/s 139(1

ORTEM SUPPLIERS PVT. LTD. ,KOLKATA vs. PCIT-2, KOL, KOLKATA

In the result, the appeal of the assessee stands dismissed

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2018-19 Ortem Suppliers Pvt. Ltd. Pcit - 2, Kolkata P-141, Kalindi Housing Estate, Vs. Kalindi Vatika, 4D, Block-B, Lake Town, Kolkata-700089. Pan: Aabco 2390 R (Appellant) (Respondent) Present For: Appellant By : None Respondent By : Shri S. Datta, Cit, Dr Date Of Hearing : 05.07.2023 Date Of Pronouncement : 07.07.2023 O R D E R Per Sonjoy Sarma, Jm: This Appeal Of The Assessee For The Assessment Year 2018-19 Is Directed Against The Order Of Ld. Pcit, Kolkata-2 Dated 21.03.2023 Framed U/S 263 Of The Income-Tax Act, 1961. The Assessee Has Raised Following Grounds Of Appeal: “1. That The Order Of The Ld. Pcit Is Contrary To Law & The Facts Of The Appellant Case. 2. That On The Facts & In The Circumstances Of The Case The Ld. Pcit Erred In Holding That Order Passed U/S 143(3) Dated 08-02- 2021 Is Prejudicial To The Interests Of The Revenue. 3. That On The Facts & In The Circumstances Of The Case The Ld. Pcit Erred In Disallowing Employee Contribution Of Rs. 1,53,300/- & Employer Contribution Of Rs. 1,44,998/- Made Towards Provident Fund (Pf) & Employee State Insurance Corporation (Esic). 4. That On The Facts & In The Circumstances Of The Case The Ld. Pcit Erred In Not Considering The Fact That Both Employee & Employer Contribution Aggregating Rs. 2,98,298/- Was Made Before The Due Date Of Filing Income Tax Return.

disallowing the amount of Rs. 2,98,298/- on account of non-payment of PF and ESI within due date as per the respective laws. It was a clear case of omission on the part of the Assessing Officer. The failure on the part of the assessing officer rendered the assessment order to be erroneous. The erroneous order