STAR PAPER MILLS LIMITED,KOLKATA vs. DCIT, CIR. 4(2), KOLKATA

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

Bench: Shri P. M .Jagtap, Vice-(Kz) & Shri A. T. Varkey, Jm]

10B. Determination of arm's length price under section 92C. (1) For the purposes of sub-section (2) of section 92C, the arm's length price in relation to an international transaction shall be determined by any of the following methods, being the most appropriate method, in the following manner, namely: (a) comparable uncontrolled price method, by which,-- 8 I.T.A

STAR PAPER MILLS LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 4(1), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 424/Kol/2022 Assessment Year: 2018-19 Star Paper Mills Ltd. Dcit, Circle-4(1), Kolkata Duncan House Vs 31, N.S. Road Kolkata - 700001 [Pan : Aaecs0759B] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Akkal Dudhewala, Fca Revenue By : Shri G. Hukugha Sema, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 13/04/2023 घोषणा क" तारीख /Date Of Pronouncement: 10/07/2023 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 Assistant Commissioner Of Income Tax, Circle- 4(1), Kolkata (Hereinafter The “Ld. Cit(A)”) Dt. 20/06/2022, Passed U/S 144C(13) Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2018-19 Which Is Arising Out Of The Directions Of The Dispute Resolution Panel -2, New Delhi (Hereinafter Referred To As The ‘Ld. Drp) U/S 144C(5) Of The Act Dt. 29/04/2022. The Assessee Has Raised The Following Grounds Of Appeal:- “1. For That On The Facts & In The Circumstances Of The Case & In Law, The Ao/Tpo In Complete Disregard Of The Binding Precedent In Assessee'S Own Case For 2

House Vs 31, N.S. Road Kolkata - 700001 [PAN : AAECS0759B] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee by : Shri Akkal Dudhewala, FCA Revenue by : Shri G. Hukugha Sema, CIT D/R सुनवाई क" तारीख/Date of Hearing : 13/04/2023 घोषणा क" तारीख /Date of Pronouncement: 10/07/2023 आदेश/O R D E R PER DR. MANISH BORAD, ACCOUNTANT MEMBER : The present appeal is directed

ACIT, CIR-3(TDS), KOLKATA, KOLKATA vs. SDV INTERNATION LOGISTICS LTD., KOLKATA

In the result, both the appeals of the revenue are dismissed while the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm]

10B, Middleton Row, 7th Floor, Kolkata – 700 071. Appearances by: Shri Soumesh Dash, Addl. CIT, Sr. DR appearing on behalf of the Revenue. Shri Anup Sinha, FCA appearing on behalf of the Assessee. Date of concluding the hearing : September 04, 2018 Date of pronouncing the order : September 12, 2018 ORDER Per P.M. Jagtap, AM Out of these three appeals

SDV INTERNATIONAL LOGISTICS LTD.,KOLKATA vs. ACIT, CIR-59 (TDS), KOLKATA, KOLKATA

In the result, both the appeals of the revenue are dismissed while the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm]

10B, Middleton Row, 7th Floor, Kolkata – 700 071. Appearances by: Shri Soumesh Dash, Addl. CIT, Sr. DR appearing on behalf of the Revenue. Shri Anup Sinha, FCA appearing on behalf of the Assessee. Date of concluding the hearing : September 04, 2018 Date of pronouncing the order : September 12, 2018 ORDER Per P.M. Jagtap, AM Out of these three appeals

ACIT, CIR-3(TDS), KOLKATA, KOLKATA vs. SDV INTERNATION LOGISTICS LTD., KOLKATA

In the result, both the appeals of the revenue are dismissed while the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm]

10B, Middleton Row, 7th Floor, Kolkata – 700 071. Appearances by: Shri Soumesh Dash, Addl. CIT, Sr. DR appearing on behalf of the Revenue. Shri Anup Sinha, FCA appearing on behalf of the Assessee. Date of concluding the hearing : September 04, 2018 Date of pronouncing the order : September 12, 2018 ORDER Per P.M. Jagtap, AM Out of these three appeals

MAMTA ANCHALIA,KOLKATA vs. DCIT, CIRCLE-32, KOLKATA, KOLKATA

In the result, the appeal of the assessee is treated as allowed for statistical purposes

house property on the date of sale of silver utensils. It was contended that the assessee thus was entitled for exemption under section 54F and the A.O. was not justified in disallowing the said exemption. The Ld. CIT(A) did not find merit in this contention raised on behalf of the assessee and proceeded to confirm the disallowance made

IVL DHUNSERI PETROCHEM INDUSTRIES PRIVATE LIMITED,KOLKATA vs. D.C.I.T., CIRCLE - 11(1), KOLKATA, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.1712/Kol/2024 (नििाारण वर्ा / Assessment Year : 2020-2021) Ivl Dhunseri Petrochem Vs Dcit, Circle-11(1), Kolkata Industries Pvt. Ltd. Dhunseri House, 4A Woodburn Park, L.R.Sarani, West Bengal-700020 Pan No. :Aafcd 5214 M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri Akkal Dudhewala, Ca & Vidhi Ladia, Ca राजस्व की ओर से /Revenue By : Pradip Kumar Mondal, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 19/03/2025 घोषणा की तारीख/Date Of Pronouncement : 23/04/2025 आदेश / O R D E R Rajesh Kumar, Am : This Is An Appeal Filed By The Assessee Against The Order Dated 26/07/2024, Passed By The Assessment Unit, National Faceless Assessment Centre U/S.143(3) R.W.S.144C(13) R.W.S.144B Of The Act, For The Assessment Year 2020-2021 On The Following Grounds :- 1.(A) For That On The Facts & In The Circumstances Of The Case & In Law, The Tpo Erred In Making A Downward Adjustment Of Rs.24,72,79,392/- In Respect Of The Transfer Value Of Power By The Captive Power Plant At Haldia, West Bengal. (B) For That On The Facts & In The Circumstances Of The Case & In Law, The Methodology Followed By The Assessee To Benchmark The Arm'S Length Value Of The Power Transferred By The Eligible Unit To The Non-Eligible Unit Fulfilled The Internal Cup Parameters & In That View Of The Matter The Transfer Pricing Adjustment Made By The Tpo Was Impermissible On The Given Facts & In Law. (C) For That On The Facts & In The Circumstances Of The Case & In Law, The Manner In Which The Drp/Tpo Has Benchmarked

House, 4A Woodburn Park, L.R.Sarani, West Bengal-700020 PAN No. :AAFCD 5214 M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee by : Shri Akkal Dudhewala, CA and Vidhi Ladia, CA राजस्व की ओर से /Revenue by : Pradip Kumar Mondal, CIT-DR सुनवाई की तारीख / Date of Hearing : 19/03/2025 घोषणा की तारीख/Date of Pronouncement : 23/04/2025 आदेश

THE W.B. STATE CO-OP AGRI AND RURAL DEVELOPMENT BANK LIMITED ,KOLKATA vs. ACIT, CIR. 32, KOLKATA

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rakesh Mishraassessment Year: 2006-07

10B, Middleton Road, Rural Development Bank Kolkata-700071 Vs. Ltd. 25D, Shakespeare Sarani, Kolkata-700017. (PAN: AAAJT0468K) (Appellant) (Respondent) Present for: Appellant by : Shri Palash Chattapadhya, AR Respondent by : Dr. Anup Biswas, Addl. CIT Date of Hearing : 07.05.2024 Date of Pronouncement : 05.08.2024 O R D E R PER RAKESH MISHRA, ACCOUNTANT MEMBER: This appeal filed by the assessee is against

N L C NALCO INDIA LTD PREVIOUSLY KNOWN AS ONDEO NALCO INDIA LTD.,KOLKATA vs. ACIT, CIR - 11, KOLKATA, KOLKATA

In the result, the appeal of assessee in ITA No

Bench: Shri Mahavir Singh, Jm& Shri Waseem Ahmed, Am]

8 ITA Nos.529/K/2008 & ITA No. 1256/K/2009 NLC Nalco India Ltd.AY 2003-04& 2004-05 Rs. 9,48,801/- Opening balance as on 01.04.2002 Rs.73,95,102/- Rs.10,00,000/- Add provision made during the year Rs.12,52,860/- Rs.86,47.962/- Rs.3,00,000/- Rs.22,48,801/- Less Payment during the year Rs.31,89,486/- Rs.12,52,861/- Closing Balance

NLC NALCO INDIA LTD.,KOLKATA vs. ACIT, CIRCLE - 11, KOLKATA, KOLKATA

In the result, the appeal of assessee in ITA No

Bench: Shri Mahavir Singh, Jm& Shri Waseem Ahmed, Am]

8 ITA Nos.529/K/2008 & ITA No. 1256/K/2009 NLC Nalco India Ltd.AY 2003-04& 2004-05 Rs. 9,48,801/- Opening balance as on 01.04.2002 Rs.73,95,102/- Rs.10,00,000/- Add provision made during the year Rs.12,52,860/- Rs.86,47.962/- Rs.3,00,000/- Rs.22,48,801/- Less Payment during the year Rs.31,89,486/- Rs.12,52,861/- Closing Balance

MADHU JAYANTI INTERNATIONAL LIMITED,KOLKATA vs. DCIT, CIRCLE - 4(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 214/Kol/2016 Assessment Year : 2011-12 Madhu Jayanti International Ltd. -Vs- Dcit, Cc-4(1), Kolkata [Pan: Aabcm 7502 R] (Appellant) (Respondent)

section 144C(5) of the Act dated 15.10.2015 for the Asst Year 2011-12. 2. Though the assessee had raised several grounds of appeal before us with regard to the transfer pricing addition, the only effective issue to be decided in this appeal is with regard to the determination of the Most Appropriate Method (MAM) in the instant case

ACIT, LTU - 2, KOLKATA , KOLKATA vs. M/S. UCO BANK, KOLKATA

In the result, appeal of the Revenue is dismissed

Bench: Shri S. S. Godara, Jm & Dr. A.L. Saini, Am Vs. M/S Uco Bank Acit, Ltu-2, Kolkata 10, Btm, Sarani, Kolkata – 700001. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacu3561B .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

House property in Singapore is not taxable in India under DTAA while as per Article 25 of DTAA, it is taxable in India. 3 M/s UCO Bank 10. That the appellant craves for leave to add, delete and/or modify any of the grounds of appeal before or at the time of hearing. 3. Ground Nos.1 & 2 relates to addition

ACIT, CIR-33, KOLKATA, KOLKATA vs. M/S ASHIANA AMAR DEVELOPERS, KOLKATA

In the result, the appeal of the revenue is dismissed

10B, Middleton Row, 3rd Floor, Kolkata – 700071. M/s. Ashiana Amar Developers……………….........................................................Respondent 5F, Everest, 46/C Chowringhee Road, Kolkata – 700 071 [PAN: AANFA5587H] Appearances by: Shri A.K. Tiwari, CIT DR appearing on behalf of the Revenue. Shri Pawan Kr. Agarwal, FCA appearing on behalf of the Assessee. Date of concluding the hearing : September 14, 2017 Date of pronouncing the order : October

AT&S INDIA PRIVATE LIMITED vs. D.C.I.T., CIRCLE-11(1), KOLKATA, KOLKATA

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

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.77/Kol/2017 ("नधा"रणवष" / Assessment Year: 2012-13) At & S India (P) Ltd. Vs. D.C.I.T, Circle-11(1), Kolkata

property or services transferred in a comparable uncontrolled transaction in comparable circumstances. " 11.1 We also find support from the decision of the Hon'ble Mumbai Tribunal in the matter of DCIT vs. Isagro (Asia) Agrochemicals (P.) Ltd reported in [2013] 31 taxmann.com 388 (Mumbai - Trib.), wherein the Hon'ble Tribunal interalia held that : "various benches of the Tribunal including Asstt

MOHAMMED AZHAR,KOLKATA vs. ACIT, CIR-33, KOLKATA, KOLKATA

In the result, all the appeals of the assessee are allowed for statistical purposes

Bench: : Shri Partha Sarathi Chaudhury & Shri Dr. Arjun Lal Saini

section 24(b), deduction of Rs.1,50,000/- is admissible, if the house property is acquired or completed with capital borrowed within 3 years from the end of the financial year in which the capital was borrowed for the purpose of acquisition/construction of house property. Though the assessee claimed that the loan was taken from HDFC Bank, but no supporting

D.C.I.T.,CIRCLE-6(1), KOLKATA vs. M/S BIRLA CORPORATION LTD., KOLKATA

In the result, the appeal of the revenue as well as cross-objection of the assessee are partly allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.1964/Kol/2019 Assessment Year: 2015-16 Dcit, Circle-6(1), Kolkata…………….......................…...……………....Appellant Vs. M/S Birla Corporation Ltd…………...........…..........................…..…..... Respondent Birla Building, 9/1, R.N. Mukherjee Road, Kolkata – 700001. [Pan: Aabcb2075J] C.O. 39/Kol/2019 (A/O I.T.A. No.1964/Kol/2019) Assessment Year: 2015-16 M/S Birla Corporation Ltd…………...........….....................…..…..... Cross-Objector Birla Building, 9/1, R.N. Mukherjee Road, Kolkata – 700001. [Pan: Aabcb2075J] Vs Dcit, Circle-6(1), Kolkata…………….......................…...……………....Respondent Appearances By: Shri Abhijit Kundu, Cit-Dr, Advocate, Appeared On Behalf Of The Department. Shri J. P. Khaitan, Sr. Counsel, Appeared On Behalf Of The Assessee. Date Of Concluding The Hearing : October 18, 2023 Date Of Pronouncing The Order : January 16, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal By The Revenue & The Corresponding Cross Objections By The Assessee Have Been Preferred Against The Order Dated 30.05.2019 Of The Commissioner Of Income Tax (Appeals)-22, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). First, We Take Up Revenue’S Appeal Ita No.1964/Kol/2019. I.T.A. No.1964/Kol/2019 & C.O. 39/Kol/2019 M/S Birla Corporation Ltd

10B that we have to see the price at which the property, goods or service has been acquired under similar market conditions. It is also settled that choice of tested party is of lesser significance for the purpose of application of CUP method but instead key factor in application of CUP is product comparability and similar market conditions. Further

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

10B on 26.10.2017 and claimed exemption u/s. 11 of the Act. The Ld. CIT(E) observed that a perusal of the Income & Expenditure Account for the F. Y. 2016-17 revealed that Rs.9,37,84,046/- was claimed as application of income against income of Rs. 68,41,927/-. From the Balance Sheet, it was found that there

JASPAL SINGH BINDRA,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CPC, BANGALORE

The appeal are allowed and the Ld

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2022-23

house property and profit in share. The assessee filed his return of income u/s 139(1) on 31.10.2022 declaring total income of ₹6,76,96,410/-. The assessee is an Individual and a Resident of India and regularly assessed to tax. During the year under consideration, he earned Pension from Standard Chartered Pension (SCD) Overseas, UK of Rs.1

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]

property (Knowhow etc.), duration and degree of protection, segment of industry and anticipated benefits are same or similar and the economic environment and geographical area of the licensor and licensee in case of comparable is also same or similar; 3. Whether on the basis of facts and in law, Ld. DRP, Kolkata have erred in holding that the determination