COAL INDIA LIMITED ,KOLKATA vs. DCIT, CIRCLE - 5(1), KOLKATA, KOLKATA

section 115JB of the\nAct is a self-contained code and only the disallowances mentioned in\nthe explanation could have been made. Further, clause (f) of\nExplanation 1 to section 115JB of the Act refers to the amount or\namounts of expenditure relatable to any income to which section 10\napplies. The Ld. AO has not made any disallowance

M/S. COAL INDIA LIMITED ,KOLKATA vs. DCIT, CIRCLE - 5(1), KOLKATA, KOLKATA

section 115JB of the\nAct is a self-contained code and only the disallowances mentioned in\nthe explanation could have been made. Further, clause (f) of\nExplanation 1 to section 115JB of the Act refers to the amount or\namounts of expenditure relatable to any income to which section 10\napplies. The Ld. AO has not made any disallowance

DCIT, CIR-5(1), , KOLKATA vs. M/S COAL INDIA LTD., KOLKATA

section 37(1) of the Income Tax Act, though claimed by the assessee\ncompany in the return of income. Further, the liability has been raised out\nof fine or penalty imposed by the forest department, and the provision out\nof the liability is also not allowable u/s. 37(1) of the Income Tax Act. In the\npresent case, the assessee

DCIT, CIRCLE - 5(1), KOLKATA, KOLKATA vs. M/S. COAL INDIA LIMITED , KOLKATA

In the result, the appeals filed by the assessee in ITA Nos

section 37(1) of the Income Tax Act, though claimed by the assessee\ncompany in the return of income. Further, the liability has been raised out\nof fine or penalty imposed by the forest department, and the provision out\nof the liability is also not allowable u/s. 37(1) of the Income Tax Act. In the\npresent case, the assessee

M/S COAL INDIA LTD.,KOLKATA vs. DCIT, CIR-5(1), , KOLKATA

14A of the Act for\nthe purpose of computation of MAT is upheld as Hon'ble Supreme Court\nhave held in the case of Apollo Tyres (supra) that section 115JB of the\nAct is a self-contained code and only the disallowances mentioned in\nthe explanation could have been made. Further, clause (f) of\nExplanation 1 to section 115JB

THE SATURDAY CLUB LIMITED,KOLKATA vs. DCIT, CIR-8(2), KOLKATA, KOLKATA

In the result, the appeals of the Revenue for A

Bench: Shri Rajpal Yadav, Vice- & Dr. Manish Borad

section 22 income from house property is liable to the taxed. The income that the club had made in the instant case was from letting out the rooms. The income was derived from providing many facilities to the members including accommodation. Neither the club nor the members had treated these facilities separately and the department could not also treat them

THE SATURDAY CLUB LIMITED,KOLKATA vs. DCIT, CIRCLE - 8(2), KOLKATA, KOLKATA

In the result, the appeals of the Revenue for A

Bench: Shri Rajpal Yadav, Vice- & Dr. Manish Borad

section 22 income from house property is liable to the taxed. The income that the club had made in the instant case was from letting out the rooms. The income was derived from providing many facilities to the members including accommodation. Neither the club nor the members had treated these facilities separately and the department could not also treat them

DCIT,CIRCLE-8, KOLKATA, KOLKATA vs. M/S. THE SATURDAY CLUB LTD, KOLKATA

In the result, the appeals of the Revenue for A

Bench: Shri Rajpal Yadav, Vice- & Dr. Manish Borad

section 22 income from house property is liable to the taxed. The income that the club had made in the instant case was from letting out the rooms. The income was derived from providing many facilities to the members including accommodation. Neither the club nor the members had treated these facilities separately and the department could not also treat them

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

14A r.w. Section 8D(2) (ii) and to\nrestrict expenses for the investments which actually yielded dividend\nincome to the assessee company during the year.\n4. That on the facts and circumstances of the case and in law, the Ld. CIT(A)\nhas erred in directing the AO to restrict the addition in terms of clause (f)\ncontained

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

14A r.w. Section 8D(2) (ii) and to\nrestrict expenses for the investments which actually yielded dividend\nincome to the assessee company during the year.\n4. That on the facts and circumstances of the case and in law, the Ld. CIT(A)\nhas erred in directing the AO to restrict the addition in terms of clause (f)\ncontained

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

14A r.w. Section 8D(2) (ii) and to\nrestrict expenses for the investments which actually yielded dividend\nincome to the assessee company during the year.\n4. That on the facts and circumstances of the case and in law, the Ld. CIT(A)\nhas erred in directing the AO to restrict the addition in terms of clause (f)\ncontained

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

14A r.w. Section 8D(2) (ii) and to\nrestrict expenses for the investments which actually yielded dividend\nincome to the assessee company during the year.\n4. That on the facts and circumstances of the case and in law, the Ld. CIT(A)\nhas erred in directing the AO to restrict the addition in terms of clause (f)\ncontained

SAFAL PROPERTIES PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 11(2), KOLKATA, KOLKATA

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

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2016-17

14A by inserting a non-obstante clause and explanation would take effect from 01.04.22 and could not be presumed to have retrospective effect and, therefore, on facts the amendment could not be applied to the assessment year under consideration. There was found no error in such conclusion arrived at by the Tribunal. Hence, in view of the decision

M/S. BHUMI NIRMAN PVT. LTD.,KOLKATA vs. I.T.O., WARD - 10(4), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

property. 4.2. Regarding the addition on account of Section 14A of the Act read with Rule 8D of the Rules, our attention has been invited to a Coordinate Bench order in the case of Elegant Dealmark Pvt. Ltd. vs. ITO in ITA No. 51/KOL/2024 Page 4 of 7 I.T.A. No.: 1166/KOL/2024 Assessment Year: 2015-16 M/s. Bhumi Nirman

DEPUTY COMMISSIONER OF INCOME TAX, CIR-4(1), KOLKATA, KOLKATA vs. SUBLIME AGRO LIMITED, KOLKATA

In the result, the appeal filed by the revenue is dismissed

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

14A of the Act. v) That on the facts and circumstances of the case and in law, the Ld. CIT(A), Kolkata-22, has erred in deleting the addition of the Disallowance of Rs. 1,92,96,740/- which was deducted u/s 80IE of the Act. vi) That on the facts and circumstances of the case

APEEJAY PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 8(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 116/Kol/2023 Assessment Year: 2013-14

14A r.w.r. 8D, for Assessment Year 2017-18 is deleted. 14. Now, we take up the issue of addition towards deemed dividend under section 2(22)(e) of the Act, for the sum received by the assessee 11 I.T.A. No. 116/Kol/2023 Assessment Year: 2013-14 I.T.A. No. 117/Kol/2023 Assessment Year: 2014-15 I.T.A. No. 118/Kol/2023 Assessment Year: 2016-17 I.T.A

APEEJAY PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 8(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 116/Kol/2023 Assessment Year: 2013-14

14A r.w.r. 8D, for Assessment Year 2017-18 is deleted. 14. Now, we take up the issue of addition towards deemed dividend under section 2(22)(e) of the Act, for the sum received by the assessee 11 I.T.A. No. 116/Kol/2023 Assessment Year: 2013-14 I.T.A. No. 117/Kol/2023 Assessment Year: 2014-15 I.T.A. No. 118/Kol/2023 Assessment Year: 2016-17 I.T.A

APEEJAY PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 8(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 116/Kol/2023 Assessment Year: 2013-14

14A r.w.r. 8D, for Assessment Year 2017-18 is deleted. 14. Now, we take up the issue of addition towards deemed dividend under section 2(22)(e) of the Act, for the sum received by the assessee 11 I.T.A. No. 116/Kol/2023 Assessment Year: 2013-14 I.T.A. No. 117/Kol/2023 Assessment Year: 2014-15 I.T.A. No. 118/Kol/2023 Assessment Year: 2016-17 I.T.A