M/S. BHARAT COKING COAL LIMITED,,DHANBAD vs. JCIT, TDS CIRCLE,, DHANBAD

In the result, grounds of appeal raised by the assessee are allowed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay

41,700/- imposed u/s 271C alleging that the assessee has failed to deduct TDS on notional interest provided in its books, as required by BIFR authorities, in respect of the parent company Coal India Limited (In short CIL) which was not recognised as income by CIL and subsequently waived. As such the liability has never crystalized. It is a settled

M/S. BHARAT COKING COAL LIMITED,DHANBAD vs. JCIT TDS, DHANBAD

In the result, grounds of appeal raised by the assessee are allowed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay

41,700/- imposed u/s 271C alleging that the assessee has failed to deduct TDS on notional interest provided in its books, as required by BIFR authorities, in respect of the parent company Coal India Limited (In short CIL) which was not recognised as income by CIL and subsequently waived. As such the liability has never crystalized. It is a settled

CCL,RANCHI vs. DCIT CIR-1, RANCHI

TDS is liable to be\ndeducted on the said payment. Thus, this issue is in held in favour of the\nassessee.\n20. Next issue is in regard to provisions towards NCWA VIII. It was the\nsubmission that this is an interim relief on account of the pay revision.\nIt was the submission that in April 2008 the holding company being

DCIT CIR-1 , RANCHI vs. M/S CENTRAL COALFIELDS LTD, RANCHI

TDS is liable to be\ndeducted on the said payment. Thus, this issue is in held in favour of the\nassessee.\n20. Next issue is in regard to provisions towards NCWA VIII. It was the\nsubmission that this is an interim relief on account of the pay revision.\nIt was the submission that in April 2008 the holding company being

ACIT CIR-1 , DHANBAD vs. M/S BHARAT COOKING COAL LTD , DHANBAD

41,67,000/- and\nclaimed the same as exempt u/s 10(34) of the Act. Ld. AO on perusal\nof the profit and loss accounts and books of accounts came to the\nconclusion that provisions of Section 14A of the Act r.w. Rule 8D of\nthe Rules were applicable on the assessee and after giving a show\ncause computed

ACIT CIR-1 , DHANBAD vs. M/S BHARAT COKING COAL LTD, DHANBAD

In the result, appeal of the revenue is dismissed and appeal by the assessee is partly allowed as well as cross-objection by the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

1. For that the ld. CIT(A) was not justified in making the addition of Rs. 22,53,48,000/- by disallowance under the head contractual expenses. Ld. AO had made disallowance of Rs. 7,41,75,000/-. Ld. CIT(A) enhanced disallowance made by ld. AO to Rs. 22,53,48,000/- on the grounds that TDS

M/S BHARAT COOKING COAL LIMITED ,DHANBAD vs. ACIT CIRCLE-1 , DHANBAD

In the result, appeal of the revenue is dismissed and appeal by the assessee is partly allowed as well as cross-objection by the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

1. For that the ld. CIT(A) was not justified in making the addition of Rs. 22,53,48,000/- by disallowance under the head contractual expenses. Ld. AO had made disallowance of Rs. 7,41,75,000/-. Ld. CIT(A) enhanced disallowance made by ld. AO to Rs. 22,53,48,000/- on the grounds that TDS

DCIT CIRCLE-1 , RANCHI vs. CCL LTD , RANCHI

Section 37(1) of the Income-tax Act, 1961 - Business expenditure\nAllowability of (Welfare expenses of employees) - Assessee-\ncompany was engaged in business of coal mining It claimed\nexpenses incurred towards welfare of of its employees like canteen,\nhostels, etc. business expenditure Commissioner disallowed same\non ground that said expenditures had not been properly explained\nand that assessee

DCIT CIR-1, RANCHI vs. CCL, RANCHI

TDS is liable to be\ndeducted on the said payment. Thus, this issue is in held in favour of the\nassessee.\n20. Next issue is in regard to provisions towards NCWA VIII. It was the\nsubmission that this is an interim relief on account of the pay revision.\nIt was the submission that in April 2008 the holding company being

DCIT CIR-1,, RANCHI vs. CCL, RANCHI

TDS is liable to be\ndeducted on the said payment. Thus, this issue is in held in favour of the\nassessee.\n20. Next issue is in regard to provisions towards NCWA VIII. It was the\nsubmission that this is an interim relief on account of the pay revision.\nIt was the submission that in April 2008 the holding company being

CCL,RANCHI vs. ACIT CIR-1, RANCHI

TDS is liable to be\ndeducted on the said payment. Thus, this issue is in held in favour of the\nassessee.\n20. Next issue is in regard to provisions towards NCWA VIII. It was the\nsubmission that this is an interim relief on account of the pay revision.\nIt was the submission that in April 2008 the holding company being

ACIT CIRCLE-1 , DHANBAD vs. M/S BHARAT COOKING COAL LTD , DHANBAD

41,67,000/- and\nclaimed the same as exempt u/s 10(34) of the Act. Ld. AO on perusal\nof the profit and loss accounts and books of accounts came to the\nconclusion that provisions of Section 14A of the Act r.w. Rule 8D of\nthe Rules were applicable on the assessee and after giving a show\ncause computed

M/S. CENTRAL COALFIELDS LTD.,,RANCHI vs. DCIT, CIRCLE-1,, RANCHI

TDS is liable to be\ndeducted on the said payment. Thus, this issue is in held in favour of the\nassessee.\n20. Next issue is in regard to provisions towards NCWA VIII. It was the\nsubmission that this is an interim relief on account of the pay revision.\nIt was the submission that in April 2008 the holding company being

CCL LTD ,RANCHI vs. DCIT CIRCLE-1, RANCHI

TDS is liable to be\nducted on the said payment. Thus, this issue is in held in favour of the\nassessee.\n20. Next issue is in regard to provisions towards NCWA VIII. It was the\nsubmission that this is an interim relief on account of the pay revision. It\nwas the submission that in April 2008 the holding company being

CCL ,RANCHI vs. DCIT CIR-1 , RANCHI

Section 37(1) of the Income-tax Act, 1961 - Business expenditure\nAllowability of (Welfare expenses of employees) Assessee-\ncompany was engaged in business of coal mining It claimed\nexpenses incurred towards welfare of of its employees like canteen,\nhostels, etc. business expenditure Commissioner disallowed same\non ground that said expenditures had not been properly explained\nand that assessee

DCIT CIR-1, RANCHI vs. CCL, RANCHI

TDS is liable to be\ndeducted on the said payment. Thus, this issue is in held in favour of the\nassessee.\n20. Next issue is in regard to provisions towards NCWA VIII. It was the\nsubmission that this is an interim relief on account of the pay revision.\nIt was the submission that in April 2008 the holding company being

CCL,RNCHI vs. ACIT CIR-1 , RANCHI

TDS is liable to be\ndeducted on the said payment. Thus, this issue is in held in favour of the\nassessee.\n20. Next issue is in regard to provisions towards NCWA VIII. It was the\nsubmission that this is an interim relief on account of the pay revision.\nIt was the submission that in April 2008 the holding company being

M/S BHARAT COOKING COAL LTD ,DHANBAD vs. ACIT CIR-1 , DHANBAD

41,67,000/- and\nclaimed the same as exempt u/s 10(34) of the Act. Ld. AO on perusal\nof the profit and loss accounts and books of accounts came to the\nconclusion that provisions of Section 14A of the Act r.w. Rule 8D of\nthe Rules were applicable on the assessee and after giving a show\ncause computed