DCIT, CIRCLE - 11(1), KOLKATA, KOLKATA vs. M/S. GRAPHITE INDIA LTD., KOLKATA

In the result, considering the discussions made above, the appeal filed by the Revenue is partly allowed and the cross objection filed by the assessee are dismissed

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

801A after adjusting entire interest by applying provision u/s. 80IA(10) whereas on fact the said interest is relatable to both normal income and income eligible u/s. 80IA of the Act. 7. That on the facts and in the circumstances of the case, the Ld. CIT(A) has erred in allowing the claim of the assessee u/s. 80IA ignoring

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)

ii) An amount of Rs. 69,53,754/- was added back as capital expenditure, instead of Revenue expenditure claimed, on account of rent/compensation paid in connection with mining activity. (iii) The Ld. AO disallowed an amount of Rs. 6,82,71,486/- in addition to Rs. 11,11,114/- already disallowed by the assessee for earning exempt income. This addition

M/S BOTHRA SHIPPING SERVICES PVT. LTD.,KOLKATA vs. DCIT, CIR.-9(1), KOLKATA

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Girish Agrawal, Hon’Ble

section 801A(4)(i) by observing that there is no condition to transfer the infrastructural facility to the GoAP or Specified Authority without considering the fact that this condition has been deleted by the Finance Act, 2001. 10. That on the facts and circumstances of the case and in law, the Ld. DRP erred in affirming the action

M/S BOTHRA SHIPPING SERVICES PVT. LTD.,KOLKATA vs. ADDL./JOINT/DY./ASSTT. COMMISSIONER/ITO, NATIONAL E-ASSESSMENT CENTRE, DELHI

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Girish Agrawal, Hon’Ble

section 801A(4)(i) by observing that there is no condition to transfer the infrastructural facility to the GoAP or Specified Authority without considering the fact that this condition has been deleted by the Finance Act, 2001. 10. That on the facts and circumstances of the case and in law, the Ld. DRP erred in affirming the action

M/S. TEGA INDUSTRIES LIMITED,KOLKATA vs. D.C.I.T., CIRCLE - 11(1), KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

Disallowance of deduction claimed under section 80-IA of the Act 5.1 That on the facts and in the circumstances of the case and in law, The Ld. AO and Hon'ble DRP erred in not granting the deduction claimed by the Assessee under section 80-IA of the Act amounting to Rs. 4,88,57,264 on the contention

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. BALRAMPUR CHINI MILLS LTD , KOLKATA

In the result all the four appeals of the revenue are dismissed

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm

3) making adjustment on account of transfer of power to its own undertaking that is captively consumed by other undertakings of the assessee company on the basis of rate charged by generating companies for supply of power to the distribution company. During the instant assessment year, the captive consumption of power was 14,04,31,492 units. The assessee

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. BALRAMPUR CHINI MILLS LTD , KOLKATA

In the result all the four appeals of the revenue are dismissed

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm

3) making adjustment on account of transfer of power to its own undertaking that is captively consumed by other undertakings of the assessee company on the basis of rate charged by generating companies for supply of power to the distribution company. During the instant assessment year, the captive consumption of power was 14,04,31,492 units. The assessee

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. BALRAMPUR CHINI MILLS LTD , KOLKATA

In the result all the four appeals of the revenue are dismissed

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm

3) making adjustment on account of transfer of power to its own undertaking that is captively consumed by other undertakings of the assessee company on the basis of rate charged by generating companies for supply of power to the distribution company. During the instant assessment year, the captive consumption of power was 14,04,31,492 units. The assessee

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. BALRAMPUR CHINI MILLS LTD , KOLKATA

In the result all the four appeals of the revenue are dismissed

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm

3) making adjustment on account of transfer of power to its own undertaking that is captively consumed by other undertakings of the assessee company on the basis of rate charged by generating companies for supply of power to the distribution company. During the instant assessment year, the captive consumption of power was 14,04,31,492 units. The assessee

DCIT CEN CIR 1(4), MUMBAI vs. ESSEL MINING & INDUSTRIES LTD, KOLKATTA

In the result, the appeals filed by the Revenue are dismissed and appeals filed by the Assessee are partly allowed

ii) Regarding the issue of remuneration paid to directors and auditors: It is seen that the appellant had claimed deduction u/s. 10B of the Act in respect of its 100% EOU at Kasia in AY 2011-12 and deduction u/s. 801A of the Act in respect of its two wind power divisions at Maharashtra and one railway siding unit

ESSEL MINING & INDUSTRIES LIMITED,KOLKATA vs. DCIT, CIRCLE-5, KOLKATA, KOLKATA

In the result, the appeals filed by the Revenue are dismissed and appeals filed by the Assessee are partly allowed

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

ii) Regarding the issue of remuneration paid to directors and auditors: It is seen that the appellant had claimed deduction u/s. 10B of the Act in respect of its 100% EOU at Kasia in AY 2011-12 and deduction u/s. 801A of the Act in respect of its two wind power divisions at Maharashtra and one railway siding unit

ESSEL MINING & INDUSTRIES LIMITED,KOLKATTA vs. DCIT CENTRAL CIRCLE - 1(4), MUMBAI, MUMBAI

In the result, the appeals filed by the Revenue are dismissed and appeals filed by the Assessee are partly allowed

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

ii) Regarding the issue of remuneration paid to directors and auditors: It is seen that the appellant had claimed deduction u/s. 10B of the Act in respect of its 100% EOU at Kasia in AY 2011-12 and deduction u/s. 801A of the Act in respect of its two wind power divisions at Maharashtra and one railway siding unit

DCIT CEN CIR 1(4), MUMBAI vs. ESSEL MINING & INDUSTRIES LTD, KOLKATTA

In the result, the appeals filed by the Revenue are dismissed and appeals filed by the Assessee are partly allowed

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

ii) Regarding the issue of remuneration paid to directors and auditors: It is seen that the appellant had claimed deduction u/s. 10B of the Act in respect of its 100% EOU at Kasia in AY 2011-12 and deduction u/s. 801A of the Act in respect of its two wind power divisions at Maharashtra and one railway siding unit

M/S. MERINO INDUSTRIES LIMITED ,KOLKATA vs. DCIT, CIRCLE - 12(1), KOLKATA , KOLKATA

In the result, the appeal of the revenue is hereby dismissed

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A No.174/Kol/2019 Assessment Year: 2014-15 Dcit, Circle-12(1), Kolkata…………………….................................……Revenue Vs. M/S Merino Industries Ltd.…………....................................……...…..…..Assessee 5, Alexandra Court, 60/1, Chowringhee Road, Kolkata – 700020. [Pan: Aaacc9186C] I.T.A No.292/Kol/2019 Assessment Year: 2014-15 M/S Merino Industries Ltd …………………….…….......................…… Assessee 5, Alexandra Court, 60/1, Chowringhee Road, Kolkata – 700020. [Pan: Aaacc9186C] Vs. Dcit, Circle-12(1), Kolkata.…….................................……....…........….. Revenue Appearances By: Shri Shyam Sundar Jha, Ar, Appeared On Behalf Of The Assessee. Shri Prakash Nath Barnwal, Cit-Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : December 12, 2024 Date Of Pronouncing The Order : February 06, 2025 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Are Cross-Appeals, One By The Assessee & The Other By The Revenue Against The Common Order Dated 09.10.2018 Of The Commissioner Of Income Tax (Appeals)-4, Kolkata [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since The Facts & Issued Involved In Both The Appeals Are Identical & Both The Appeals Are Arising Out Of The Same

801A (4) (iv) of the Act but the CIT(A) ignored to give specific order for determination of the deduction amount. 10. For that the learned Commissioner of Income Tax (Appeals) is not justified to ignore the deduction claimed by the assessee in the revised return of income tax. 11. For that the learned Commissioner of Income Tax (Appeals

DCIT, CIRCLE - 12(1), KOLKATA , KOLKATA vs. M/S. MERINO INDUSTRIES LIMITED , KOLKATA

In the result, the appeal of the revenue is hereby dismissed

801A (4) (iv) of the Act but the CIT(A) ignored to\ngive specific order for determination of the deduction amount.\n10. For that the learned Commissioner of Income Tax (Appeals) is not\njustified to ignore the deduction claimed by the assessee in the revised\nreturn of income tax.\n11. For that the learned Commissioner of Income Tax (Appeals

PRAMOD LAKRA,DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -11(1), KOLKATA, KOLKATA vs. PHILIPS CARBON BLACK LTD , KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

ii) Addition of Rs. 68,57,615/- on account of ICDS adjustment. iii) Addition of Rs. 26,23,800/- disallowance u/s 14A of the Act. iv) Addition of Rs. 3,24,18,037/- u/s 35(2)(ab) of the Act. v) Addition of Rs. 1,10,55,000/- deduction u/s Chapter VIA i.e. 80G vi) Addition

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 11(1), KOLKATA, KOLKATA vs. PHILLIPS CARBON BLACK LTD, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

ii) Addition of Rs. 68,57,615/- on account of ICDS adjustment. iii) Addition of Rs. 26,23,800/- disallowance u/s 14A of the Act. iv) Addition of Rs. 3,24,18,037/- u/s 35(2)(ab) of the Act. v) Addition of Rs. 1,10,55,000/- deduction u/s Chapter VIA i.e. 80G vi) Addition

PCBL LIMITED,KOLKATA vs. A.C.I.T., CIRCLE - 11(1),, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

ii) Addition of Rs. 68,57,615/- on account of ICDS adjustment. iii) Addition of Rs. 26,23,800/- disallowance u/s 14A of the Act. iv) Addition of Rs. 3,24,18,037/- u/s 35(2)(ab) of the Act. v) Addition of Rs. 1,10,55,000/- deduction u/s Chapter VIA i.e. 80G vi) Addition

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. PHILLIPS CARBON BLACK LTD, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

ii) Addition of Rs. 68,57,615/- on account of ICDS adjustment. iii) Addition of Rs. 26,23,800/- disallowance u/s 14A of the Act. iv) Addition of Rs. 3,24,18,037/- u/s 35(2)(ab) of the Act. v) Addition of Rs. 1,10,55,000/- deduction u/s Chapter VIA i.e. 80G vi) Addition