9911796707
TMI Blog2023 (5) TMI 1411X X X X Extracts X X X X X X X X Extracts X X X X ..... aitan, Sr. Adv. Mr. A.P. Agarwalla, Adv. For the Respondent ORDER The Court : This appeal filed by the revenue under Section 260A of the Income Tax Act (the 'Act' in brevity) is directed against the order dated 23rd June, 2022 passed by the Income Tax Appellate Tribunal, C - Bench, Kolkata (the 'Tribunal') in ITA No.263 & 264/Kol/2020 and CO No.4/Kol/2021 for the assessment year 2015-16. This a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se and in law, whether the Hon'ble ITAT has erred in law as well as in facts by violating rule 10B & 10C of Income Tax Rule, 1962 by not undertaking adequate comparability' analysis and 'reliable and accurate adjustments' in deleting the adjustments made by the TPO? (d) On the facts and in the circumstances of the case and in law, whether the Hon'ble ITAT has erred in law as well as in facts by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e additional depreciation was brought into Finance Act, 2015 which has come into effect from 01.04.2016 and was prospective in nature? (g) On the facts and in the circumstances of the case and in law, whether the Hon'ble ITAT has erred in dismissing the appeal of revenue by relying upon the decision of the coordinate bench of the ITAT, Kolkata in the case of M/s. Birla Corporation Ltd. Vs. DCIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich purpose we have perused the assessment order dated 25th January, 2018 passed under Section 143(3) of the Act and in the computation the assessing officer has assessed the total income of the assessee to the following manner : "Business Income : Rs. (3,62,06,244) Add : Inadmissible Balance Additional Depr Rs. 60,66,115 [Para -4] Foreign exchange loss [Para 5] Rs. 1,65,65,143 : Rs. 2,26, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orging Ltd., reported in 2022(7) TMI 1312 (Cal). In the said decision the Court took into consideration the decision in the case of Dy. CIT vs. Brakes India Ltd. [I.T. Appeal No.1069 (Mds) of 2010 dated 6th January, 2012 which was followed in the case of Commissioner of Income Tax, Chennai Vs. Aztec Auto (P) Ltd., reported in [2020] 119 taxmann.com 215 (Madras). In the light of the above, the sub ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
