COMMISSIONER OF INCOME TAX vs. M/S.NEELACHAL ISPAT NIGAM LTD.

In the result, this Income Tax Appeal is allowed, setting

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE R.K.PATTANAIK

depreciation loss of Rs.1,88,52,496/- (pertaining to the assessment years 1996-97 to 2009-10) and loss amounting

COMNR.OF INCOME TAX vs. NEELACHAL ISPAT NIGA

Appeals are dismissed

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE R.K.PATTANAIK

depreciation on the goodwill part. 3 3. The assessee, it appears, had been disallowed such depreciation for earlier years but for the assessment

COMNR.OF INCOME TAX vs. RKD CONSTRUCTION P.L

In the result the appeal is dismissed and the substantial question of law is

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 20Th February, 2023 Appearance : Mr. Prithu Dudhoria, Adv. …For Appellant The Court : - This Appeal Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The Act) Is Directed Against The Order Dated 16.7.2010 Passed By The Income Tax Appellate Tribunal ‘C’ Bench, Kolkata In Ita No. 583/Kol/2010 For The Assessment Year 2005-06. Heard Learned Counsel For The Appellant Mr. Prithu Dudhoria, Who Had Appeared In This Appeal When The Appeal Was Admitted On 11.3.2011. Though It Is Submitted By The Learned Standing Counsel That He Does Not Have Specific Instruction To Appear, Since He Has Appeared When The Appeal Was Admitted We Directed Him To Appear In This Matter & His Appearance Shall Be Regularized By The Concerned Department. The Appeal Was Admitted On The Following Substantial Question Of Law :- I) Whether The Tribunal Committed Substantial Error Of Law In Allowing Depreciation In Terms Of Section 32 Of The Income Tax Act, 1961 @ 30% By Totally Over Looking The Fact That The Rate Of Depreciation Applicable Should Be 15% As Provided In Entry No.Iii(2) Of Part-I Of Appendix I Of The Income Tax Rule, 1962?’’

depreciation in terms of Section 32 of the Income Tax Act, 1961 @ 30% by totally over looking the fact that

PRINCIPAL COMMISSIONER OF INCOME TAX-1 vs. INDIAN METALS AND FERRO ALLOYS LTD.

In the result, the substantial questions of law (i)

Bench: : The Hon’Ble Acting Chief Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 3Rd April, 2023 Appearance : Mr. Soumen Bhattacharjee, Adv. ...For The Appellant Mr. Asim Choudhury, Adv. Mr. Soham Sen, Adv. ...For The Respondent. The Court : This Appeal Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The ‘Act’ For Brevity) Is Directed Against The Order Dated October 17, 2018 Passed By The Income Tax Appellate Tribunal, “C” Bench, Kolkata (The Tribunal) In Ita No.524/Kol/2017 For The Assessment Year 2012-13. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration:

depreciation on Intellectual property rights under Section 32 of the Income Tax Act, 1961, considering Intellectual property Rights as technical

NALCO vs. COMNR.OF INCOME TAX

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani & The Hon’Ble Justice Rajarshi Bharadwaj Date : 16Th January, 2024 Appearance : Sri Vipul Kundalia, Adv. Smt. Oindrilla Ghosal, Adv. ...For The Appellant. Sri J.P. Khaitan, Sr. Adv. Sri Sanjoy Bhaumik, Adv. Smt. Swapna Das, Adv. ...For The Respondent. 1. Heard Sri Vipul Kundalia, Learned Senior Standing Counsel For The Appellant/Revenue & Sri J.P. Khaitan, Learned Senior Advocate Assisted By Sri Sanjoy Bhaumik & Smt. Swapna Das, Learned Advocates For The Respondent/Assessee. 2. This Appeal Was Admitted By This Court By An Order Dated 30.11.2012 On The Following Substantial Questions Of Law: “1) Whether In View Of The Facts & Circumstances Of The Instant Case The Tribunal Erred By Not Considering That Subsides Which May Be Used Freely

depreciable fixed assets chargeable of tax on the basis that the accounting treatment cannot effect the operation of the statutory

ACIT, CIRCLE 1(2) vs. M/S. SERAJUDDIN AND CO.

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Bivas Pattanayak Date : 26Th July, 2022 Appearance :- Mr. Soumen Bhattacharjee, Adv. … For Appellant Mr. S.M. Surana, Adv. Mr. Bhaskar Sengupta, Adv. Md. Afzal Ansari, Adv. … For Respondent

depreciation. The Learned Income Tax Appellate Tribunal has relied on the decision of the Hon’ble High Court in the case

PRINCIPAL COMMISSIONER OF INCOME TAX,BHUBANESWAR vs. INDUSTRIAL DEVELOPMENT CORPORATION OF ORISSA LTD.

In the result, the appeal stands disposed of in terms of

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN

depreciation. This finding of fact could not be interfered with. The assessee's own case in ITA No.765/2011 referred by the ITAT

ASHIRBAD BEHERA vs. ASST.COMMNR.OF INCOME TAX

In the result, the appeal [ITA/7/2020] filed by the

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 27Th February, 2023 Appearance : Mr. Smita Das De, Adv. …For The Appellant. Mr. J.P. Khaitan, Sr. Adv. Mr. Pratyush Jhunjhunwala, Adv. Ms. Swapna Das, Adv. …For The Respondent.. The Court : This Appeal Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The ‘Act’ For Brevity) Is Directed Against The Order Dated 18Th May, 2016 Passed By The Income Tax Appellate Tribunal, “B” Bench, Kolkata (The Tribunal) In Ita No.665/Kol/2012 & Ita No.325/Kol/2012 For The Assessment Year 2008-09. The Appeal Was Admitted On 12Th December, 2019 On The Following Substantial Question Of Law: “(I) Whether On The Facts & In The Circumstances Of The Case, The Learned Income Tax Appellate Tribunal Erred In Law In Holding That The Assessee Has Sufficient Own Funds, Expenditure By Way Of Interest Are Not To Be Taken In Account

depreciation of Rs 9,02,49,544/- being the carry forward figure from the previous year under section 32(1)(iia) of the Income