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

section 115JB of the Act to ₹4,19,505/-.\n18.1 This issue has been decided in ITA No. 1246/KOL/2019 for AY\n2012-13 in the preceding para no. 11.5 of the order. In view of the\nfinding for AY 2012-13, Ground No. 3 of the appeal is allowed.\n19. Ground Nos. 4, 5 and 6 relate

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

disallowance\nmade by the Ld. AO of ₹45,43,615/- under repairs and maintenance\nwithout there being any justification of as to why such disallowance\nshould be restricted to 10% and not more or fully disallowed.\n24.1 This issue has been decided in ITA No. 1246/KOL/2019 for AY\n2012-13 in the preceding para no. 7.5 of the order

DCIT, LTU-2, KOLKATA vs. M/S CENTURY PLYBOARDS (I), LTD, KOLKATA

In the result, the appeal of the revenue is dismissed and cross objections of assessee are allowed

Bench: Shri P.M. Jagtap(Kz) &Shri A. T. Varkey, Jm] Assessment Year: 2014-15

disallowance was not made by the AO in terms of Section 92A of the Act. He submitted that it was not a case

ALMATIS ALUMINA PRIVATE LTD,KOLKATA vs. DCIT, CIRCLE - 8(1), KOLKATA, KOLKATA

In the result, the instant appeals filed by the assessee are partly allowed

Bench: Sri Manish Borad & Sri Sonjoy Sarma

disallowance of interest on TDS made at Rs. 5,49,950/- assessing income at Rs. 12,32,25,170/-. Against the said additions, the assessee is in appeal before this Tribunal. For AY 2015-16 also similar type of adjustments have been made against which also the assessee is in appeal before this Tribunal. 5. At the outset, ld. Counsel

ALMATIS ALUMINA PRIVATE LTD,KOLKATA vs. DCIT, CIRCLE-8(1), KOLKATA, KOLKATA

In the result, the instant appeals filed by the assessee are partly allowed

Bench: Sri Manish Borad & Sri Sonjoy Sarma

disallowance of interest on TDS made at Rs. 5,49,950/- assessing income at Rs. 12,32,25,170/-. Against the said additions, the assessee is in appeal before this Tribunal. For AY 2015-16 also similar type of adjustments have been made against which also the assessee is in appeal before this Tribunal. 5. At the outset, ld. Counsel

ALMATIS ALUMINA PVT. LTD.,KOLKATA vs. INCOME TAX OFFICER ,NATIONAL E-ASSESSMENT CENTRE , DELHI

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

Bench: Shri Sanjay Garg, Hon’Ble & Shri Girish Agrawal, Hon’Bleassessment Years: 2016-17 Almatis Alumina Private Additional/Joint/Deputy/Assistant Limited Commissioner Of Income-Tax/ Vs. Kankaria Estate, 2Nd Floor Income-Tax Officer, National E- 6, Russel Street Assessment Centre, Delhi Kolkata - 700071 [Pan: Aacca2120N] (Appellant) (Respondent) Assessee By : Shri Akhilesh Kumar Gupta, Advocate Revenue By : Shri G. Hukuga Sema, Cit, D/R सुनवाई की तारीख/Date Of Hearing : 27/04/2023 घोषणा की तारीख/Date Of Pronouncement : 17/05/2023 O R D E R Per Girish Agrawal: The Captioned Appeal Filed By The Assessee Pertaining To Assessment Year 2016-17 Is Directed Against The Order U/S 144C(13) R.W.S. 143(3) Of The Income-Tax Act, 1961 (In Short The “Act”) By Additional/Joint/Deputy/Asstt. Cit, National E-Assessment Centre, (Hereinafter Referred To As “Ld. Ao”) Dt. 24/03/2021, Pursuant To Directions By The Ld. Dispute Resolution (Drp) U/S 144C(5), Dt. 10/11/2020. 2. We Note That There Is A Delay Of 73 (Seventy Three) Days In Filing The Present Appeal Before The Tribunal. The Impugned Order Is Dated 24/03/2021, Which Falls Within The Period Of Pandemic Of Covid-19. Petition For Condonation Of Delay Is Placed On Record By Assessee Explaining The Reasons For Delay, Owing To Pandemic Of Covid-19 During That Time. It Is Noted That The Period Of Delay Falls During The Time Of 2 Assessment Years: 2016-17 Almatis Alumina Private Limited

disallowance of Rs.20,000/- of fines paid for late filing of VAT & GST returns, the assessee is in appeal before this Tribunal. 5. At the outset, ld. Counsel for the assessee requested for contesting the appeal only on two grounds i.e., Ground Nos. 2 & 5. All other grounds have not been pressed. No objection was raised

M/S INSTRUMENTARIUM CORPORATION LTD.,KOLKATA vs. DDIT (IT)-1(1), KOLKATA, KOLKATA

Bench: The Special Bench:

92A, 92B. The assessing officer is enjoined to work out the arm’s length price as per sub-sections (1) and (2) of section 92 following the method outlined in section 92C. If he considers necessary or expedient so to do, he may with the previous approval of the Commissioner, refer the computation of arm’s length price in relation

DCIT, CIR-11, KOLKATA, KOLKATA vs. M/S SIKA INDIA PVT. LTD., KOLKATA

In the result, appeal of the assessee is allowed in part and in appeal of the revenue is dismissed

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi]

disallowing the deduction of lease' premium of Rs 40,968 on land on the basis that the same, is in the nature of capital expenditure; 10. On the facts and in the circumstances of the case and, in law, the learned AO based on directions of DRP erred in concluding that the lease rights of the plots of land

SIKA INDIA PVT. LTD.,KOLKATA vs. DCIT, CIR-11, KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed in part and in appeal of the revenue is dismissed

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi]

disallowing the deduction of lease' premium of Rs 40,968 on land on the basis that the same, is in the nature of capital expenditure; 10. On the facts and in the circumstances of the case and, in law, the learned AO based on directions of DRP erred in concluding that the lease rights of the plots of land

T.K.M.GLOBAL LOGISTICS LIMITED,KOLKATA vs. ACIT, WARD - 15(1), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed in part

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2013-14 Tkm Global Logistics Limited.........………........................................................……………….…......Appellant Room No. 710 & 711 7Th Floor Diamond Heritage 16, Strand Road Kolkata – 700 001 [Pan : Aabct 2426 M] Vs. Asstt. Commissioner Of Income Tax, Ward-15(1), Kolkata………..........….………....…....Respondent Appearances By: Mr. Ajit Korde, Advocate & Ms. Rachna Agarwal, Ca, Appeared On Behalf Of The Assessee. Dr. P.K. Srihari, Cit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 26Th, 2019 Date Of Pronouncing The Order : December 11Th, 2019 Order Per J. Sudhakar Reddy, Am :-

disallowance u/s 14A of the Act, he relied on the order of the DRP. the Act, he relied on the order of the DRP. 7. We have heard rival contentions. On careful consideration of the facts and We have heard rival contentions. On careful consideration of the facts and We have heard rival contentions. On careful consideration of the facts

DEWARS GARAGE LIMITED ,ACIT vs. A CIT-5 (1) , KOLKATA

In the result, appeal of the assessee is dismissed

disallowed the employees’ contribution to welfare fund due to delay in deposit and also certain other expenditures not allowable being incurred for business and assessed the loss at Rs.1,27,93,243/- as against the loss declared in the return at Rs.1,42,78,245/-. Subsequently, the ld. Pr. CIT called for the assessment records and after going through

DCIT, CIRCLE - 11(1), KOLKATA, KOLKATA vs. M/S. J. J. EXPORTERS LTD., KOLKATA

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

disallowance of depreciation to the tune of Rs.15,392/-. (4).Ground No.3 raised by the Revenue in Assessment Year 2008-09 in ITA No.1371/Kol/2017 relates to addition of Rs.6,43,440/- on account of unexplained investment deleted by the ld. CIT(A) admitting additional evidence. 4. We shall first take-up additions challenged on account of Transfer Pricing Adjustment

DCIT, CIRCLE - 11(1), KOLKATA, KOLKATA vs. M/S. J. J. EXPORTERS LTD., KOLKATA

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

disallowance of depreciation to the tune of Rs.15,392/-. (4).Ground No.3 raised by the Revenue in Assessment Year 2008-09 in ITA No.1371/Kol/2017 relates to addition of Rs.6,43,440/- on account of unexplained investment deleted by the ld. CIT(A) admitting additional evidence. 4. We shall first take-up additions challenged on account of Transfer Pricing Adjustment

DCIT, CIR-12(2), KOLKATA, KOLKATA vs. M/S PHILIPS INDIA LTD., KOLKATA

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

section 92A(2) of the Act. The assessee is engaged in 4 business segments as detailed below: 1. Consumer lifestyle 2. Healthcare 3. Lighting 4. Software Development Consumer Lifestyle consists of Domestic Appliances & Personal Care and Consumer Electronics divisions. It consists of Television, Shaving & Beauty, Audio & Video Multimedia, Domestic Appliances, Health & Wellness, and Peripherals & Accessories etc. A benchmarking study

M/S PHILIPS INDIA LTD.,KOLKATA vs. DCIT, CIR-12(2), KOLKATA, KOLKATA

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

section 92A(2) of the Act. The assessee is engaged in 4 business segments as detailed below: 1. Consumer lifestyle 2. Healthcare 3. Lighting 4. Software Development Consumer Lifestyle consists of Domestic Appliances & Personal Care and Consumer Electronics divisions. It consists of Television, Shaving & Beauty, Audio & Video Multimedia, Domestic Appliances, Health & Wellness, and Peripherals & Accessories etc. A benchmarking study

M/S TCG LIFESCIENCE PVT. LTD.,KOLKATA vs. DCIT, CIR-11(2), KOLKATA, KOLKATA

In the result ITA No. 121/Kol/2016 is partly allowed while ITA No

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am]

92A of the Act which defines the term "associated enterprise" as including, in relation to another enterprise, if one enterprise directly or indirectly participates in the Management, control or capital of the other enterprise. The term "arm's length price" has been defined in clause (ii) of section 92F of the Act, to mean a price which is applied

M/S TCG LIFESCIENCES PRIVATE LIMITED,KOLKATA vs. ACIT, CIR-11(2), KOLKATA, KOLKATA

In the result ITA No. 121/Kol/2016 is partly allowed while ITA No

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am]

92A of the Act which defines the term "associated enterprise" as including, in relation to another enterprise, if one enterprise directly or indirectly participates in the Management, control or capital of the other enterprise. The term "arm's length price" has been defined in clause (ii) of section 92F of the Act, to mean a price which is applied

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

In the result, all the captioned appeals of the Revenue stand dismissed

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.1880,1881&1882/Kol/2018 Assessment Years: 2011-12,2012-13 & 2013-14 Dcit, Circle-11(1), Kolkata.........................….................……...…..…Appellant Vs. M/S Eveready Industries India Ltd.........................................…..…..Respondent 2, Rainey Park, Kolkata-700019. [Pan: Aaace5778N] Appearances By: Shri Akkal Dudhewala, Ar, Appeared On Behalf Of The Appellant. Shri P.P. Barman, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 09, 2023 Date Of Pronouncing The Order : March 30, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Revenue Against The Separate Orders All Dated 22.06.2018 Of The Commissioner Of Income Tax (Appeals)-22, Kolkata [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since, Common Issues Are Involved In All The Appeals, Hence These Have Heard Together & Are Being Disposed Of By This Common Order. The Appeal In Ita No.1880/Kol/2018 For Assessment Year 2011-12 Is Taken As Lead Case For The Purpose Of Narration Of Facts. 2. Ita No.1880/Kol/2018 – The Revenue In This Appeal Has Taken The Following Grounds Of Appeal:

sections 92A to 92F of the Act and rules. 10A to 10E of the Rules and also maintained necessary information and documentation in support thereof. However from the SCN issued by the Ld. TPO as well as his impugned order, I find that no ground whatsoever has been set out for rejecting the TP analysis performed by the appellant. Such