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

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

234D of the Act. 12. Interest under section 244A 12.1. The Learned AO erred in recovering interest of Rs. 42,39,613 under section 244A of the Act. 13. Penalty u/s 271(1)(c) 13.1. The Learned AO erred in initiating penalty proceedings under section 271 (1)(c) of the Act. 14. Dividend Distribution Tax 14.1 The learned AO erred

BHARGAB ENGINEERING WORKS,HOWRAH vs. PCIT, CENTRAL KOLKATA 2, , KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Shri George Mathan & Shri Rakesh Mishra

Property Management Pvt. Ltd (2023) 151 taxmann.com 103 (Calcutta), pronounced on 31.03.2023 and stated that the order under section 147 r.w.s. 143(3) of the Act dated 30.03.2023 being after the effective date of amendment by way of Explanation 2 to section 263 w.e.f. 01.06.2015, it was a valid ground for exercising the revisionary power under section 263 as conditions

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]

234D of the Act of Rs 389,067; The above grounds are without prejudice to one another. The Appellant craves leave to add; alter, amend, amplify or modify any or all of the above grounds of appeal at or before the time of hearing of the appeal. 3.1. The assessee has raised an additional ground, which reads as follows

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]

234D of the Act of Rs 389,067; The above grounds are without prejudice to one another. The Appellant craves leave to add; alter, amend, amplify or modify any or all of the above grounds of appeal at or before the time of hearing of the appeal. 3.1. The assessee has raised an additional ground, which reads as follows

M/S. G.S. ATWAL & COMPANY (ENGINEERS) PVT. LTD., ,KOLKATA vs. DCIT, CIRCLE - 11(1) , KOLKATA

In the result, both the appeals of the assessee are allowed

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey)

234D amounting to Rs. 19,28,569/- is completely arbitrary, unjustified and illegal.” 3. On appeal the ld. first appellate authority confirmed the order of the AO. Aggrieved, the assessee is in appeal before us on the legality of reopening the assessment u/s 147 of the Act as well as addition made on merits. 3.1. The ld. Counsel for assessee

M/S. G.S. ATWAL & COMPANY (ENGINEERS) PVT. LTD., ,KOLKATA vs. DCIT, CIRCLE - 11(1) , KOLKATA

In the result, both the appeals of the assessee are allowed

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey)

234D amounting to Rs. 19,28,569/- is completely arbitrary, unjustified and illegal.” 3. On appeal the ld. first appellate authority confirmed the order of the AO. Aggrieved, the assessee is in appeal before us on the legality of reopening the assessment u/s 147 of the Act as well as addition made on merits. 3.1. The ld. Counsel for assessee

GRAPHITE INDIA LTD.,KOLKATA vs. ACIT, R-11, KOLKATA, KOLKATA

In the result, assessee’s appeal is partly allowed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

section 28(iiid) of the Act. 9. That on the facts and circumstances of the case, the Ld. CIT(Appeals)was not justified and erred in not deleting interest levied u/s. 234D of the Act as th same is bad in law. 10. That the appellant craves leave to add, amend, modify, rescind, supplement or alter any of the grounds

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

In the result, assessee’s appeal is partly allowed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

section 28(iiid) of the Act. 9. That on the facts and circumstances of the case, the Ld. CIT(Appeals)was not justified and erred in not deleting interest levied u/s. 234D of the Act as th same is bad in law. 10. That the appellant craves leave to add, amend, modify, rescind, supplement or alter any of the grounds

GRAPHITE INDIA LTD.,KOLKATA vs. ACIT, R-11, KOLKATA, KOLKATA

In the result, assessee’s appeal is partly allowed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

section 28(iiid) of the Act. 9. That on the facts and circumstances of the case, the Ld. CIT(Appeals)was not justified and erred in not deleting interest levied u/s. 234D of the Act as th same is bad in law. 10. That the appellant craves leave to add, amend, modify, rescind, supplement or alter any of the grounds

M/S. PHILIPS INDIA LIMITED (FORMERLY PHILIPS ELECTRONICS INDIA LITD.),KOLKATA vs. ACIT, CIRCLE - 12(2), KOLKATA , KOLKATA

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

Bench: Hon’Ble Shri A.T.Varkey, Jm & Hon’Ble Shri M.Balaganesh, Am ] I.T.A No. 2489/Kol/2017 Assessment Year : 2013-14 M/S Philips India Ltd. -Vs- Acit, Circle-12(2), Kolkata (Formerly Philips Electronics India Ltd.) [Pan: Aabcp 9487 A] (Appellant) (Respondent)

property is being used or transferred in connection therewith; • Benefit test documentation: Services may be received by way of conference calls, occasional visits and mails / presentations / tool kits exchanged from time to time. The actual evidence of receipt of services can be established with the help of the policies / e mails / guidelines / presentations used during the rendition of services

M/S PHILLIPS INDIA LIMITED,KOLKATA vs. ACIT, CIR-12(2), KOLKATA, KOLKATA

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

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Hon’Ble Shri M.Balaganesh, Am ] I.T.A No. 612/Kol/2017 Assessment Year : 2012-13 M/S Philips India Ltd. -Vs- Acit, Circle-12(2), Kolkata (Formerly Philips Electronics India Ltd.) [Pan: Aabcp 9487 A] (Appellant) (Respondent)

house itself. Evaluating the needs and benefits of Intra-group services It involves identifying the incremental economic or commercial value that has arisen to the services recipient. A direct nexus between the services received and the corresponding value created should be established. An intra-group service should be analysed to see how it helps the service recipient make gains through

ABN AMRO BANK N.V.,KOLKATA vs. DDIT, INTERNATIONAL TAXATION - 1(1), KOLKATA, KOLKATA

In the result, the appeals of the assessee are partly allowed

Bench: : Shri Mahavir Singh & Shri M. Balaganesh

section 32(1) of the Act. Therefore, the assessee fulfilled even the requirements for a claim of a higher rate of depreciation and was entitled thereto.” Though this decision has been rendered on the allowability of depreciation on leased assets from the angle of the lessor, the principle laid down could be made very much applicable to the facts