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12 results for “section 68”+ Section 244A(1)clear

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Key Topics

Section 244A11Section 143(3)8Section 1545Section 115J5Section 1154Addition to Income4TDS4Deduction4Section 2503Section 144C

JCIT (IN SITU), CIRCLE-1(1), KOLKATA, KOLKATA vs. THE PEERLESS GENERAL FINANCE AND INVESTMENT COMPANY LIMITED, KOLKATA

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

ITA 750/KOL/2025[1992-93]Status: DisposedITAT Kolkata26 Aug 2025AY 1992-93

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.750/Kol/2025 (निर्धारण वर्ा / Assessment Year : 1992-93) Jcit (In Situ), Circle-1(1), Vs The Peerless General Finance Kolkata & Investment Company Limited Peerless Bhawan, 3, Esplanade East, Kolkata-700069 Pan No. :Aabct 3043 L (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) रधजस्व की ओर से /Revenue By : Shri Sushanta Saha, Addl. Cit निर्धाररती की ओर से /Assessee By : Shri S.K.Tulsiyan, Advocate & Ms. Puja Somani, Ca सुनवाई की तारीख / Date Of Hearing : 31/07/2025 घोषणा की तारीख/Date Of Pronouncement : 26/08/2025 आदेश / O R D E R Per Rajesh Kumar, Am : This Is An Appeal Filed By The Revenue Against The Order Dated 26.09.2017, Passed By The Ld. Cit(A)-22, Kolkata, For The Assessment Year 1992-93. 2. At The Outset, We Observe That There Is A Delay Of 39 Days In Filing The Appeal By The Revenue For Which The Condonation Petition Has Been Filed. After Perusing The Contents Of Condonation Petition, We Are Inclined To Condone The Delay & Admit The Appeal For Adjudication. 3. The Only Issue Raised By The Revenue In The Various Grounds Of Appeal Is Against The Order Of The Ld. Cit(A) Holding That The Assessee Is Entitled To Interest On Unpaid Interest Whereas There Is No Provisions As Per The Income Tax Act To Charge The Interest On Unpaid Interest On The Assessee As Well As Nowhere The Powers Give Rights To The Assessing Officer To Give Interest On Unpaid Interest To The Assessee.

For Appellant: Shri S.K.Tulsiyan, Advocate and MsFor Respondent: Shri Sushanta Saha, Addl. CIT
Section 154
3
Section 8013
Double Taxation/DTAA3
Section 244A

68,94,740/- ignoring the decision of the Hon’ble Supreme Court in the case of H.E.G. Ltd., reported in 324 ITR 331. Accordingly to the assessee the interest on unpaid interest becomes his 3 part of the refund and the interest has to be computed accordingly. The ld CIY(A) after considering the contention of the assessee, allowed

UNIVERSAL TRADING COMPANY LIMITED,KOLKATA vs. DCIT, CIRCLE 5(1), KOLKATA

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

ITA 223/KOL/2025[2012-13]Status: DisposedITAT Kolkata12 Aug 2025AY 2012-13

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

Section 115Section 115JSection 154Section 237Section 244ASection 250

244A of the Act. I.T.A. No.: 223/KOL/2025 Assessment Year: 2012-13 Universal Trading Company Limited. 4. Before us, in the appeal, the assessee has also filed written submissions along with the paper book. The written submissions are reproduced as under: “1. This appeal has been preferred by the assessee against the order dated 01.07.2016 passed

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

ITA 863/KOL/2016[2011-2012]Status: DisposedITAT Kolkata15 Dec 2017AY 2011-2012

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

Section 143(3)Section 144CSection 144C(5)Section 92C

1. Acropetal Technologies Ltd. (Seg) (Acropetal):- ITA No.863 & 539/Kol/2016 A.Y. 2011-12 DCIT, Cir-12(2) Kol. Vs. M/s Philips India Ltd. Page 46 The Hon'ble DRP in their Directions had rightly rejected Acropetal by stating that it is functionally not comparable to the assessee. Accordingly, the contentions of the assessee against Acropetal is reproduced as under: (i) Functionally

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

ITA 539/KOL/2016[2011-2012]Status: DisposedITAT Kolkata15 Dec 2017AY 2011-2012

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

Section 143(3)Section 144CSection 144C(5)Section 92C

1. Acropetal Technologies Ltd. (Seg) (Acropetal):- ITA No.863 & 539/Kol/2016 A.Y. 2011-12 DCIT, Cir-12(2) Kol. Vs. M/s Philips India Ltd. Page 46 The Hon'ble DRP in their Directions had rightly rejected Acropetal by stating that it is functionally not comparable to the assessee. Accordingly, the contentions of the assessee against Acropetal is reproduced as under: (i) Functionally

GRAPHITE INDIA LTD.,KOLKATA vs. ADDI. COMMISSIONER OF INCIME TAX, RANGE - 11, KOLKATA

In the result, the appeal of the assessee is partly allowed as indicated above

ITA 397/KOL/2008[1998-99]Status: DisposedITAT Kolkata15 Jan 2016AY 1998-99

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

1)(i) on account of expenditure incurred on Defence Research Development Laboratory. Since the said claim was not made by the assessee either in the original return or by filing a revised return, the Assessing Officer did not entertain the same. On appeal, the ld. CIT(Appeals) also did not allow the claim of the assessee on this issue observing

M/S. PRICEWATERHOUSE COOPERS PRIVATE LIMITED,KOLKATA vs. ACIT, CIRCLE - 2(2), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed partly

ITA 359/KOL/2018[2009-10]Status: DisposedITAT Kolkata21 Apr 2021AY 2009-10
Section 143(3)Section 250

68,623/- 17.1. The issue is covered in favour The issue is covered in favour of the assessee by the order of the Hon’ble by the order of the Hon’ble Tribunal in appellant’s own case for Tribunal in appellant’s own case for AY 2003-04 in [ITA No. 1521/Kol/2013] [ITA No. 1521/Kol/2013], wherein the coordinate Bench

ITO, WD-36(4), KOLKATA, KOLKATA vs. THE NEW INDIA ASSURANCE CO LTD., KOLKATA

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

ITA 145/KOL/2016[2012-2013]Status: DisposedITAT Kolkata07 Feb 2018AY 2012-2013
For Appellant: Shri Sallong Yaden, Addl.CIT, ld.DRFor Respondent: Shri S.K.Saha, FCA, ld.AR
Section 143(2)Section 80P

244A of the Act and interest earned on FDs from bank should be assessed under the ‘profit & gains of business’. 3 6. The CIT-A after considering the above submissions and the case laws as relied on by the assessee of Mumbai Tribunal, allowed the claim of the assessee by observing as under:- DECISION: I have carefully considered the assessment

NATWEST MARKETS PLC,KOLKATA vs. ASSISTANT COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION - 1(2), KOLKATA

In the result the appeal of the assessee is allowed

ITA 273/KOL/2023[2020-21]Status: DisposedITAT Kolkata27 Nov 2024AY 2020-21

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Asst. Commissioner Of Natwest Markets Plc Income Tax 907, Regus, 9Th Floor, Ps Arcadia, 4A, Abanindra Nath Aaykar Bhavan, 2 Nd Floor, Vs. Thakur Sarani, Kolkata, West 110, Shanti Pally, Kolkata, Bengal-700016 West Bengal 700017 (Appellant) (Respondent) Pan No. Aacct8020E Assessee By : Shri Parcy Pardiwalla, Ar Revenue By : Shri Praveen Kishore, Dr Date Of Hearing: 26.09.2024 Date Of Pronouncement : 27.11.2024 O R D E R

For Appellant: Shri Parcy Pardiwalla, ARFor Respondent: Shri Praveen Kishore, DR
Section 143(1)Section 144CSection 244A

1, in this regard is hereby, disposed off accordingly.” 08. The ld. AO thereafter passed the final assessment order u/s 143(3) read with section 144C(13) of the Act dated 27.01.2023, wherein the ld. AO reiterated the finding given by him in the draft assessment order, save and except that he held that interest

M/S. SALARPURIA PROPERTIES PVT. LTD., ,KOLKATA vs. DCIT, CIRCLE - 1, KOLKATA, KOLKATA

In the result, assessee’s appeal in ITA No

ITA 2094/KOL/2017[2010-11]Status: DisposedITAT Kolkata10 May 2022AY 2010-11

Bench: Shri Sanjay Garg & Shri Rajesh Kumar]

Section 115JSection 234CSection 801Section 80I

244A of the Act as the assessee is entitled to on the amount of Refund claimed in the Return. 7. For that your petitioner craves the right to put additional grounds and / or to alter / amend / modify the present grounds before or at the time of hearing. 3. The issue raised in ground no. 1 & 2 is against the order

PRICEWATERHOUSE COOPERS PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 1(1),, KOLKATA

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

ITA 664/KOL/2025[2020-2021]Status: DisposedITAT Kolkata14 Aug 2025AY 2020-2021

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 143(3)Section 244ASection 250

1. That on the facts and in the circumstances of the case and in law, Ld. CIT(Appeals) grossly erred in dismissing the appeal arising from the assessment order dated 23 September 2022 passed under section 143(3), without granting the Appellant a fair opportunity to furnish the submissions I.T.A. No.: 664/KOL/2025 Assessment Year: 2020-21 Pricewaterhouse Coopers

NATWEST MARKETS PLC - INDIA BRANCH,KOLKATA vs. CIT (IT & TP), CIR- 1(2), KOLKATA, KOLKATA

In the result the appeal of the assessee is allowed

ITA 997/KOL/2024[2018-2019]Status: DisposedITAT Kolkata26 Aug 2025AY 2018-2019

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Commissioner Of Income Tax Natwest Markets Plc-India (International Taxation & Branch Transfer Pricing) 907, Regus, 9Th Floor, Ps Aaykar Bhavan Poorva, Vs. Arcadia, 4A, Abanindra Nath 2Nd Floor, 110, Shanti Pally, Thakur Sarani, Kolkata-700016 Kolkata-700107, West Bengal (Appellant) (Respondent) Pan No. Aacct8020E Assessee By : Shri Percy Pardiwala, Ar Revenue By : Shri Sandeep Lakra, Dr Date Of Hearing: 31.07.2025 Date Of Pronouncement: 26.08.2025

For Appellant: Shri Percy Pardiwala, ARFor Respondent: Shri Sandeep Lakra, DR
Section 142(1)Section 143(2)Section 143(3)Section 263

1) of the Act along with questionnaire were duly issued and served upon the assessee. Thereafter, the assessment order was framed by the ld. AO vide order dated 12.04.2021, passed u/s 143(3) of the Act. The ld. PCIT upon perusal of the assessment records observed that in the computation of income the assessee net interest

NAT WEST MARKETS PLC- INDIA BRANCH ,KOLKATA vs. ACIT(I.T)-1(2), KOLKATA. , KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1364/KOL/2023[2021-22]Status: DisposedITAT Kolkata31 Jan 2024AY 2021-22

Bench: Shri Rajesh Kumar, Am & Shri Sonjoy Sarma, Jm Nat West Markets Plc-India Acit (I.T)-1(2), Kolkata Branch Aaykar Bhavan Poorva, 2 Nd 907, Regus, 9Thfloor, Floor, Psarcadia,4A, Abandindra Nath Vs. 110, Shanti Pally, Thakur Sarani, Kolkata-700016, Kolkata-700107, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aacct8020E Assessee By : Shri Percy Pardiwala, Ar Revenue By : Shri Gaurav Kanujia, Dr Date Of Hearing: 15.01.2025 Date Of Pronouncement : 31.01.2025

For Appellant: Shri Percy Pardiwala, ARFor Respondent: Shri Gaurav Kanujia, DR
Section 143(3)Section 144C(13)Section 44ASection 56Section 68

68 of the Act but it should be added u/s 56 of the Act as income from other sources and thereafter, applied rate of 40% plus the educational cess and surcharge to bring the said amount under tax. Aggrieved assessee preferred the appeal before the Tribunal against he said final order. 9. The ld. AR vehemently submitted that having regard