BARODA AGENTS & TRADING CO.(P)LTD,KOLKATA vs. DCIT, KOLKATA
In the result, appeal of the assessee is allowed
ITA 437/KOL/2023[2009-10]Status: DisposedITAT Kolkata28 Jul 2023AY 2009-10
Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 437/Kol/2023 Assessment Year: 2009-10 Baroda Agents & Trading Co. Pvt. Ltd. The Deputy Commissioner Of Birla Building Vs Income Tax, Circle-5(1), Kolkata 4Th Floor 9/1, R.N. Mukherjee Road Kolkata - 700001 [Pan : Aaacb1472G] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Akkal Dudhwewala, Fca Revenue By : Shri Prabhakar Prakash Ranjan, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 20/06/2023 घोषणा क" तारीख /Date Of Pronouncement: 28/07/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 08/03/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2009-10. 2. Though The Assessee Has Raised Four Grounds Of Appeal, But They All Relate To The Addition Made Under Section 14A Of The Act At Rs.23,46,339/-. Facts In Brief Are That The Assessee Is A Private Limited Company Engaged In Agency Business, Trading, Finance & Investment Activities. Nil Income Declared In The Return Filed On 29/09/2009. Case Selected For Scrutiny Through Cass Followed By Issuance Of Notice U/S 143(2) & 142(1) Of The Act. So Far As The Issue Under Consideration Before Us Is Concerned, We Notice That The Assessee Has Earned Exempt Income Of Rs.1,25,17,598/-. The Assessee Has 2
For Appellant: Shri Akkal Dudhwewala, FCAFor Respondent: Shri Prabhakar Prakash Ranjan, JCIT, Sr. D/R
Section 143(2)Section 14ASection 250
87,405/- made by the assessee itself. Accordingly, ground taken in this respect is allowed.”
7. In view of the above discussion and respectfully following the decision of this bench of the Tribunal (supra), the disallowance under section