BIRLA CORPORATION LIMITED,KOLKATA vs. DCIT, CIR.-6(1), KOLKATA

In the result, appeals filed by the Revenue for AYs 2013-14 &

Bench: Sri Rajpal Yadav & Dr. Manish Borad

transfer pricing adjustment made for deduction u/s 80IA of the Act raised by the Revenue are dismissed. Revenue’s common Ground no. 3 for AY 2013-14 & 2014-15 relating to the claim of compensation paid for obtaining limestone connected to mining activity: 10. We have heard rival contentions and perused the records placed before us. We find that this

DCIT, CIRCLE - 6(1), , KOLKATA vs. M/S. BIRLA CORPORATION LTD., KOLKATA

In the result, appeals filed by the Revenue for AYs 2013-14 &

Bench: Sri Rajpal Yadav & Dr. Manish Borad

transfer pricing adjustment made for deduction u/s 80IA of the Act raised by the Revenue are dismissed. Revenue’s common Ground no. 3 for AY 2013-14 & 2014-15 relating to the claim of compensation paid for obtaining limestone connected to mining activity: 10. We have heard rival contentions and perused the records placed before us. We find that this

DCIT, CIRCLE - 6(1), , KOLKATA vs. M/S. BIRLA CORPORATION LTD., KOLKATA

In the result, appeals filed by the Revenue for AYs 2013-14 &

Bench: Sri Rajpal Yadav & Dr. Manish Borad

transfer pricing adjustment made for deduction u/s 80IA of the Act raised by the Revenue are dismissed. Revenue’s common Ground no. 3 for AY 2013-14 & 2014-15 relating to the claim of compensation paid for obtaining limestone connected to mining activity: 10. We have heard rival contentions and perused the records placed before us. We find that this

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

2 to 13 are in support of ground no.1. 05. The facts in brief are that the assessee is engaged in the business of manufacturing and sale of Sugar, Molasses, Industrial Alcohol, Ethanol, Organic Manure and Generation & Distribution of Power in the form of steam and electricity. The electricity so generated is partly consumed in the sugar/ distillery plants

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

2 to 13 are in support of ground no.1. 05. The facts in brief are that the assessee is engaged in the business of manufacturing and sale of Sugar, Molasses, Industrial Alcohol, Ethanol, Organic Manure and Generation & Distribution of Power in the form of steam and electricity. The electricity so generated is partly consumed in the sugar/ distillery plants

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

2 to 13 are in support of ground no.1. 05. The facts in brief are that the assessee is engaged in the business of manufacturing and sale of Sugar, Molasses, Industrial Alcohol, Ethanol, Organic Manure and Generation & Distribution of Power in the form of steam and electricity. The electricity so generated is partly consumed in the sugar/ distillery plants

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

2 to 13 are in support of ground no.1. 05. The facts in brief are that the assessee is engaged in the business of manufacturing and sale of Sugar, Molasses, Industrial Alcohol, Ethanol, Organic Manure and Generation & Distribution of Power in the form of steam and electricity. The electricity so generated is partly consumed in the sugar/ distillery plants

NORMURA RESEARCH INSTITURE FINANCIAL TECHNOLOGIES INDIA PRIVATE LIMITED,KOLKATA vs. ACIT,CIRCLE-2(2), KOL, KOLKATA

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

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2012-13

2)( d) al so provides that the comparability has to be Judged with respect to various factors including the market conditions, geographical conditions, cost of labour and capital in the market. Accounts receivable/payable effect the cost of working capital. A company which has a substantial amount blocked with the debtors for a long period cannot be fully comparable

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 &

13) of the Act, is contrary to law laid down by courts, based on extraneous consideration, unsubstantiated presumptions, ignoring to consider all relevant facts and relevant law, bad in law and violative of principles of natural justice. 2. That, on the facts and in the circumstances of the case, the AO erred on facts and in law in computing

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 &

13) of the Act, is contrary to law laid down by courts, based on extraneous consideration, unsubstantiated presumptions, ignoring to consider all relevant facts and relevant law, bad in law and violative of principles of natural justice. 2. That, on the facts and in the circumstances of the case, the AO erred on facts and in law in computing

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 &

13) of the Act, is contrary to law laid down by courts, based on extraneous consideration, unsubstantiated presumptions, ignoring to consider all relevant facts and relevant law, bad in law and violative of principles of natural justice. 2. That, on the facts and in the circumstances of the case, the AO erred on facts and in law in computing

ZAFAR IQBAL,SILIGURI vs. DCIT, CIRCLE - 1, SILIGURI, SILIGURI

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

H) 217\nIt has been held in Jagan Nath Singh Lodha vs. ITO, (2004) 85 TTJ (Jd) 173\n{relying on the decisions of apex court in CIT vs. Gwalior Rayon Silk\nManufacturing Co. Ltd (1992) 196 ITR 149 (SC) & Bajaj Tempo Ltd. vs. CIT\n(1992) 196 ITR 188 (SC)} that denial of relief for non purchasing of house

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

h) Without prejudice to above grounds of appeal, on the facts and in the circumstances of the case, the AQ/TPO have erred in not following the directions of the DRP which is binding as per the provisions of section 144C(10) of the Act by not reducing expenses in connection with sales promotion.\n3(i) Without prejudice to above grounds

M/S SARAT CHATTERJEE & CO. vs. P PVT. LTD.,KOLKATAVS.ACIT, CENTRAL CIR. 1(1), KOLKATA

In the result, the appeal of the assessee is partly allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

2 I.T.A. No. 101/Kol/2022 Assessment Year: 2017-18 M/s Sarat Chatterjee & Co. VSP Pvt. Ltd. 3. Facts in brief are that the assessee filed return of income on 30.11.2017 declaring total income of Rs. 17,07,17,340/- which was selected for scrutiny under CASS and statutory notices were duly issued and served on the assessee. One of the reasons

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

Transfer Pricing\nOfficer ('TPO')/ DRP/ AO erred in relying on extraneous consideration,\nunsubstantiated presumptions in holding that expenditure towards\nadvertisement, marketing and promotion (‘AMP'), unilaterally incurred by the\nappellant, results in a separate international transaction.\n3(b) That, on the facts and in the circumstances of the case and in law, TPO/\nDRP/ AO have erred in not appreciating that

N C SHAW AND CO BEVERAGES PRIVATE LIMITED,KOLKATA vs. ADDL. COMMISSIONER OF INCOME TAX (TDS), RANGE-2, KOLKATA, KOLKATA

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

Bench: Sri Pradip Kumar Choubey & Sri Rakesh Mishra

price was fixed by the Government. Our attention was drawn to page 30 of the paper book which contains ‘details of TCS on alcoholic and scrap’ and shows turnover of Rs. 3,58,17,40,410/- as amount paid for the purpose of TCS on alcoholic product and scrap and total TCS of Rs. 2

N C SHAW AND CO BEVERAGES PRIVATE LIMITED ,KOLKATA vs. INCOME TAX OFFICER, TDS CIRCLE 2(2), KOLKATA, KOLKATA

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

Bench: Sri Pradip Kumar Choubey & Sri Rakesh Mishra

price was fixed by the Government. Our attention was drawn to page 30 of the paper book which contains ‘details of TCS on alcoholic and scrap’ and shows turnover of Rs. 3,58,17,40,410/- as amount paid for the purpose of TCS on alcoholic product and scrap and total TCS of Rs. 2

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

Transfer Pricing\nOfficer, Kolkata (\"TPO\") u/s 92CA(1) of the Act. The Ld. TPO computed\nthe Arm's Length Price and passed an Order u/s 92CA(3) of the Act on\nJanuary 25, 2016. On receipt of the Ld. TPO's order, the Draft\nAssessment Order was passed on 10.03.2016 and was sent to the\nassessee. Vide letter dated 22nd