M/S VISA INTERNATIONAL LTD.,KOLKATA vs. DCIT, CIRCLE11(2), KOLKATA

In the result, appeals for AYs 2005-06 and 2007-08 are partly allowed and appeal for AY 2006-07 is dismissed

Bench: Shri Rajpal Yadav & Shri Girish Agrawal

House, Alipore, Kolkata- Kolkata. 700027. (PAN: AAACV8649P) (Appellant) (Respondent) Present for: Appellant by : N o n e Respondent by : Shri P. P. Barman, Addl. CIT Date of Hearing : 13.03.2023 Date of Pronouncement : 28.03.2023 O R D E R PER BENCH: All these captioned appeals filed by the assessee are against the separate orders of Ld. CIT(A)-20, Kolkata vide

M/S VISA INTERNATIONAL LTD.,KOLKATA vs. DCIT, CIRCLE11(2), KOLKATA

In the result, appeals for AYs 2005-06 and 2007-08 are partly allowed and appeal for AY 2006-07 is dismissed

Bench: Shri Rajpal Yadav & Shri Girish Agrawal

House, Alipore, Kolkata- Kolkata. 700027. (PAN: AAACV8649P) (Appellant) (Respondent) Present for: Appellant by : N o n e Respondent by : Shri P. P. Barman, Addl. CIT Date of Hearing : 13.03.2023 Date of Pronouncement : 28.03.2023 O R D E R PER BENCH: All these captioned appeals filed by the assessee are against the separate orders of Ld. CIT(A)-20, Kolkata vide

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

property\nbelongs to the Lessor and not to the assessee and the assessee cannot\nclaim depreciation also. Therefore, we do not find any infirmity in the\norder of the Ld. CIT(A) who has confirmed 10% of the overall expenses\non estimated basis and granted relief in respect of the rest of the amount\nas the Ld. AO has himself

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

property\nbelongs to the Lessor and not to the assessee and the assessee cannot\nclaim depreciation also. Therefore, we do not find any infirmity in the\norder of the Ld. CIT(A) who has confirmed 10% of the overall expenses\non estimated basis and granted relief in respect of the rest of the amount\nas the Ld. AO has himself

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

property\nbelongs to the Lessor and not to the assessee and the assessee cannot\nclaim depreciation also. Therefore, we do not find any infirmity in the\norder of the Ld. CIT(A) who has confirmed 10% of the overall expenses\non estimated basis and granted relief in respect of the rest of the amount\nas the Ld. AO has himself

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

property belongs to\nthe Lessor and not to the assessee. The assessee can not claim depreciation\nalso. Considering the factual position, we are of the view that order passed\nby the Id CIT (A) does not contain any infirmity. Therefore, we confirm the\norder of ld. CIT(A). and Ground No. 2 of the appeal is\ndismissed.\n8. Ground

RECKITT BENCKISER (INDIA) PVT LTD.,KOLKATA vs. DCIT, CIRCLE-12(1), KOLKATA, KOLKATA

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

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2012-13

40A (2) (a) under which certain types of expenditure incurred by way of payment to related parties is not deductible where the AO "is of the opinion that such expenditure is excessive or unreasonable having regard to the fair market value of the goods." In such event, "so much of the expenditure as is so considered

RECKITT BENCKISER (INDIA) PVT. LTD.,GURGAON vs. D.C.I.T., CIRCLE - 11(1),, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmaita Nos.78/Kol/2018 Assessment Year: 2013-14 &

40A (2) (a) under which certain types of expenditure incurred by way of payment to related parties is not deductible where the AO "is of the opinion that such expenditure is excessive or unreasonable having regard to the fair market value of the goods." In such event, "so much of the expenditure as is so considered

RECKITT BENCKISER (INDIA) PVT LTD.,KOLKATA vs. DCIT, CIRCLE-12(1), KOLKATA, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmaita Nos.78/Kol/2018 Assessment Year: 2013-14 &

40A (2) (a) under which certain types of expenditure incurred by way of payment to related parties is not deductible where the AO "is of the opinion that such expenditure is excessive or unreasonable having regard to the fair market value of the goods." In such event, "so much of the expenditure as is so considered

RECKITT BENCKISER (INDIA) PVT LTD.,KOLKATA vs. DCIT, CIRCLE-12(1), KOLKATA, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmaita Nos.78/Kol/2018 Assessment Year: 2013-14 &

40A (2) (a) under which certain types of expenditure incurred by way of payment to related parties is not deductible where the AO "is of the opinion that such expenditure is excessive or unreasonable having regard to the fair market value of the goods." In such event, "so much of the expenditure as is so considered

MAK, ENGINEERING INDUSTRIES LTD.,KOLKATA vs. PCIT(CEN.)-2, KOLKATA

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

Bench: Sri Rajpal Yadav, Vice- & Sri Sanjay Awasthi

40A(7) of the Act, 1961 and added back to your total assessed income. Issue related to payment of leave encashment to the tune of Rs. 76,016/-:- In the instant case, it is further observed from Form no. - 3CD [(SI. No. - 26(i)(B)(b)] that you had not paid leave encashment to the tune

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(1), KOLKATA, KOLKATA vs. AXIS OVERSEAS LIMITED, KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Dy. Commissioner Of Income Tax, Cc 1(1), Kolkata Axis Overseas Limited Aaykar Bhawan Poorva, 21A, Shakespeare Sarani, Vs. 3Rd Floor, Kolkata-700107, Kolkata-700107, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aagca7497L Assessee By : Shri Siddharth Agarwal, Ar Revenue By : Shri P.N. Barnwal, Dr Date Of Hearing: 13.11.2025 Date Of Pronouncement: 03.12.2025

b) Further, regarding the addition of cash purchases of Rs. 82,00,861/- u/s 40A(3), the AO has stated in para 5.2 of the Assessment Order that as per the impounded documents marked as AOL/08, it was found that the assessee has made a purchase of Raw Jute in the cash exceeding

RECKITT BENCKISER INDIA PRIVATE LIMITED,GURGAON, HARYANA vs. D.C.I.T., CIRCLE 11.1, KOLKATA, KOLKATA

40A (2) (a) under which certain types of expenditure incurred by way of\npayment to related parties is not deductible where the AO \"is of the opinion that\nsuch expenditure is excessive or unreasonable having regard to the fair market\nvalue of the goods.\" In such event, \"so much of the expenditure as is so\nconsidered

RECKITT BENCKISER (INDIA) PRIVATE LIMITED ,KOLKATA vs. DCIT, CIRCLE-12(1), KOLKATA

40A (2) (a) under which certain types of expenditure incurred by way of\npayment to related parties is not deductible where the AO \"is of the opinion that\nsuch expenditure is excessive or unreasonable having regard to the fair market\nvalue of the goods.\" In such event, \"so much of the expenditure as is so\nconsidered

BARDHAMAN DISHARI SHRAMIK O JANAALYAN SAMABAY SAMITY LIMITED,BURDWAN vs. A.C.I.T., CIRCLE - 1, BURDWAN, BURDWAN

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

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

40a(ia) of the Act. Further addition of Rs. 5,000/- on account of donation was also deleted but balance additions were confirmed. Aggrieved by the said order the assessee preferred an appeal before the ITAT. The ITAT in its order dated 03.03.2015 set aside the case back to the file by the Ld. CIT(A) with the following comments