DCIT, CIRCLE-6(1), KOLKATA vs. M/S. IFB AGRO INDUSTRIES LTD., KOLKATA

In the result, both the appeals filed by the revenue in ITA No

Bench: Dr. Manish Borad&Shri Anikesh Banerjee]

condone the delay of two (2) days to filing the appeal. 3. At the outset, the revenue placed that both the appeals are in the same nature and have a common factual background. Accordingly, we have taken together, heard together and disposed of together. ITA No. 490/Kol/2019is taken as lead case. 4. The revenue has taken the following grounds

ALMATIS ALUMINA PVT. LTD.,KOLKATA vs. INCOME TAX OFFICER ,NATIONAL E-ASSESSMENT CENTRE , DELHI

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

Bench: Shri Sanjay Garg, Hon’Ble & Shri Girish Agrawal, Hon’Bleassessment Years: 2016-17 Almatis Alumina Private Additional/Joint/Deputy/Assistant Limited Commissioner Of Income-Tax/ Vs. Kankaria Estate, 2Nd Floor Income-Tax Officer, National E- 6, Russel Street Assessment Centre, Delhi Kolkata - 700071 [Pan: Aacca2120N] (Appellant) (Respondent) Assessee By : Shri Akhilesh Kumar Gupta, Advocate Revenue By : Shri G. Hukuga Sema, Cit, D/R सुनवाई की तारीख/Date Of Hearing : 27/04/2023 घोषणा की तारीख/Date Of Pronouncement : 17/05/2023 O R D E R Per Girish Agrawal: The Captioned Appeal Filed By The Assessee Pertaining To Assessment Year 2016-17 Is Directed Against The Order U/S 144C(13) R.W.S. 143(3) Of The Income-Tax Act, 1961 (In Short The “Act”) By Additional/Joint/Deputy/Asstt. Cit, National E-Assessment Centre, (Hereinafter Referred To As “Ld. Ao”) Dt. 24/03/2021, Pursuant To Directions By The Ld. Dispute Resolution (Drp) U/S 144C(5), Dt. 10/11/2020. 2. We Note That There Is A Delay Of 73 (Seventy Three) Days In Filing The Present Appeal Before The Tribunal. The Impugned Order Is Dated 24/03/2021, Which Falls Within The Period Of Pandemic Of Covid-19. Petition For Condonation Of Delay Is Placed On Record By Assessee Explaining The Reasons For Delay, Owing To Pandemic Of Covid-19 During That Time. It Is Noted That The Period Of Delay Falls During The Time Of 2 Assessment Years: 2016-17 Almatis Alumina Private Limited

condone the delay and admit the appeal for hearing. 3. Assessee has raised the following grounds of appeal: “1. General ground 1.1 That on the facts and in the circumstances of the case, the order of the Ld. Transfer Pricing

DCIT, KOLKATA vs. HIMADRI SPECIALITY CHEMICAL LIMITED, KOLKATA

In the result, the appeal of the Revenue is dismissed

condone the delay and admit the appeal for hearing.\n3. The issue raised in ground no.1 to 4 and 8 is against the order of Id. CIT (A) deleting the Arm's Length Price adjustment of ₹3,97,99,637 as made by the Id. AO/Transfer Pricing Officer on account interest on loan.\n3.1. The facts in brief are that

DCIT, CIRCLE - 5(1) , KOLKATA vs. M/S. L & T FINANCE LTD., , KOLKATA

In the result, appeal of the revenue is dismissed and Cross Objection of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2014-15 Deputy Commissioner Of L & T Finance Ltd. Income Tax, Circle-5(1), Vs. 7Th Floor, A Wing, Block Bp, Kolkata Sector V, Kolkata-700091. (Pan: Aacca1963B) (Appellant) (Respondent) & C.O. No. 10/Kol/2023 In Ita No.1781/Kol/2019 Assessment Year: 2014-15 L & T Finance Ltd. Deputy Commissioner Of Vs. 7Th Floor, A Wing, Block Bp, Income Tax, Circle-5(1), Sector V, Kolkata-700091. Kolkata. (Cross Objector) (Respondent)

condone the delay in filing of the appeal as well as the cross-objection and proceed to adjudicate them on merits. 3. Since the assessee has raised pure question of law in its Cross Objection, we are inclined to take up the Cross Objection filed by the assessee before adjudicating on the appeal by the revenue. Ground of Cross Objection

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. BALRAMPUR CHINI MILLS LTD , KOLKATA

In the result all the four appeals of the revenue are dismissed

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm

delay of filing the appeals is hereby condoned. 03. The facts and circumstances in these appeals are identical, hence, for the sake of convenience and brevity, these are decided and disposed ITA No.1079 to 1082/KOL/2025 Balrampur Chini Mills Ltd.; A.Ys. 2017-18, 2018-19, 2020-21 & 2021-22 of together. First of all we will take ITA no. 1079/KOL/2025

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. BALRAMPUR CHINI MILLS LTD , KOLKATA

In the result all the four appeals of the revenue are dismissed

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm

delay of filing the appeals is hereby condoned. 03. The facts and circumstances in these appeals are identical, hence, for the sake of convenience and brevity, these are decided and disposed ITA No.1079 to 1082/KOL/2025 Balrampur Chini Mills Ltd.; A.Ys. 2017-18, 2018-19, 2020-21 & 2021-22 of together. First of all we will take ITA no. 1079/KOL/2025

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. BALRAMPUR CHINI MILLS LTD , KOLKATA

In the result all the four appeals of the revenue are dismissed

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm

delay of filing the appeals is hereby condoned. 03. The facts and circumstances in these appeals are identical, hence, for the sake of convenience and brevity, these are decided and disposed ITA No.1079 to 1082/KOL/2025 Balrampur Chini Mills Ltd.; A.Ys. 2017-18, 2018-19, 2020-21 & 2021-22 of together. First of all we will take ITA no. 1079/KOL/2025

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. BALRAMPUR CHINI MILLS LTD , KOLKATA

In the result all the four appeals of the revenue are dismissed

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm

delay of filing the appeals is hereby condoned. 03. The facts and circumstances in these appeals are identical, hence, for the sake of convenience and brevity, these are decided and disposed ITA No.1079 to 1082/KOL/2025 Balrampur Chini Mills Ltd.; A.Ys. 2017-18, 2018-19, 2020-21 & 2021-22 of together. First of all we will take ITA no. 1079/KOL/2025

DCIT CIR-4(1), KOLKATA, AAYAKAR BHAWAN vs. MCLEOD RUSSEL INDIA LTD, KOLKATA

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

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

delay is hereby condoned. 3. Brief facts of the case of the assessee are that the assessee company was engaged primarily in the business of cultivation and manufacture of tea, company filed return of income for AY 2013-14 declaring total income of Rs. 36,48,96,214/-. The return of income was selected for scrutiny, notices

JCIT (OSD), CIR-11(1), , KOLKATA vs. M/S. AA INFRAPROPERTIES PVT. LTD, KOLKATA

In the result, both the appeals of the revenue are dismissed

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Ble

condone the delay and proceed to admit the appeal for hearing. 3. As the issues involved in both these appeals are identical, they were heard together and are being disposed off by way of this common order. 4. We will first take up the appeal in ITA No. 200/Kol/2023 for AY 2014-15. Ground Nos. 1 to 5 taken

JCIT(OSD), CIR-II(1). , KOLKATA vs. M./S AA INFRAPROPERTIES PVT. LTD, KOLKATA

In the result, both the appeals of the revenue are dismissed

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Ble

condone the delay and proceed to admit the appeal for hearing. 3. As the issues involved in both these appeals are identical, they were heard together and are being disposed off by way of this common order. 4. We will first take up the appeal in ITA No. 200/Kol/2023 for AY 2014-15. Ground Nos. 1 to 5 taken

DCIT, CIR. 1(1), KOLKATA vs. M/S KYOCERA CTC PRECISION TOOLS PVT. LTD., KOLKATA

In the result, appeal of the revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2015-16 Deputy Commissioner Of Kyocera Ctc Precision Tools Income-Tax, Circle- 1(1), Pvt. Ltd., Kolkata Vs. Room No. 322, Centre Point, 21, Hemant Basu Sarani, Kolkata-700001. (Pan: Aaeck9063G) (Appellant) (Respondent)

condone the delay and proceed to admit the appeal for hearing. 3. Grounds raised by the revenue are reproduced as under: “1. That on the facts and circumstances of the Case, the Ld. CIT(A) has erred In deleting the Transfer Pricing

DCIT, CIRCLE-5(1), KOLKATA vs. S K SARAWAGI AND COMPANY PRIVATE LIMITED, KOLKATA

Appeals are partly allowed

Bench: The O/O Pcit-2, Kolkata 23.01.2024 Certificate Of Filing 2Nd Appeal Was Received From The O/O Pr. Cit-2, Kolkata 24.01.2024 Necessary Hardcopies Of Documents/ Paper/ Details Required For Filing 2Nd Appeal Before The Hon’Ble Itat, Kolkata Were Collected & Prepared. 25.01.2024 2Nd Appeal Was Filed

condone the delay and admit these two appeals for adjudication. 2. The appeal in ITA No. 150/Kol/2024 arises from order dated 13.11.2023 passed by the Ld. Commissioner of Income Tax- CIT(A), Kolkata – 22, passed u/s 250 of the Income Tax Act, 1961 (hereafter “the Act”). In ITA No. 151/Kol/2024, the appeal arises from order dated 13.11.2023 passed

ZYDUS HEALTHCARE LTD,GANGTOK vs. ACIT, CIR. 3(2), GANGTOK

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawali.T.A. No. 139/Kol/2021 Assessment Year: 2014-2015 Zydus Healhcare Limited,……..................Appellant (Successor To Zydus Healthcare Sikkim), 4Th Floor, ‘D’ Wing, Zudus Corporate Park, Scheme No. 63, Survey No. 536, Khoraj (Gandhinagar), Nr. Vaishnodevi Circle, Ahmedabad, Gandhinagar, Gujrat-382481 [Pan: Aaacg1895Q] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Circle-3(2), Gangtok, Sikkim-737101 Appearances By: Shri Ajit Kumar Jain, Ca & Sonal Pandey, A.R., Appeared On Behalf Of The Assessee Shri G. Hukugha Sema, Cit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : January 18, 2023 Date Of Pronouncing The Order : February 20, 2023 O R D E R

Transfer Pricing Officer, the total income of the assessee for the Assessment year 2014-15 is computed as under:- Profit and Gains from Rs.391,91,43,633/- Business or Profession Adjustment as per TPO-2, Rs.112,64,51,330 5 Assessment Year: 2014-2015 Zydus Healthcare Limited Kolkata’s order dated 31.10.2019 Business Income Rs.504,55,94,963/- Income from

M/S IMPEX FERRO TECH LTD.,KOLKATA vs. A.CI.T.,CENTRAL CIRCLE-4(1), KOLKATA

In the result, both the appeals filed by the assessee are dismissed as infructuous

Bench: Shri George Mathan & Shri Rakesh Mishra

condone the delay and admit the appeal for adjudication. 2. The Revenue is in appeal before the Tribunal raising the following grounds of appeal: I. ITA No. 1521/KOL/2019: “1. That on the facts and in the circumstances of the case Ld. CIT(A) has erred in deleting the addition of Rs. 55,22,53,107/- by recording a finding that

D.CI.T.,CENTRAL CIRCLE-4(1), KOLKATA vs. M/S IMPEX FERRO TECH LTD., KOLKATA

In the result, both the appeals filed by the assessee are dismissed as infructuous

Bench: Shri George Mathan & Shri Rakesh Mishra

condone the delay and admit the appeal for adjudication. 2. The Revenue is in appeal before the Tribunal raising the following grounds of appeal: I. ITA No. 1521/KOL/2019: “1. That on the facts and in the circumstances of the case Ld. CIT(A) has erred in deleting the addition of Rs. 55,22,53,107/- by recording a finding that

PCBL LIMITED,KOLKATA vs. A.C.I.T., CIRCLE - 11(1),, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

delay is hereby condoned. ITA No. 2457/Kol/2024 for AY 2018-19 3. Brief facts of the case of the assessee are that the assessee engaged in the manufacturing and sale of carbon black, sale of surplus of power generated from off- gases from carbon black manufacturing process having its factories at Durgapur, Kochi 3 I.T.A. Nos. 2456 to 2459/Kol/2024 Assessment

PRAMOD LAKRA,DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -11(1), KOLKATA, KOLKATA vs. PHILIPS CARBON BLACK LTD , KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

delay is hereby condoned. ITA No. 2457/Kol/2024 for AY 2018-19 3. Brief facts of the case of the assessee are that the assessee engaged in the manufacturing and sale of carbon black, sale of surplus of power generated from off- gases from carbon black manufacturing process having its factories at Durgapur, Kochi 3 I.T.A. Nos. 2456 to 2459/Kol/2024 Assessment