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DCIT, Circle-5(1), Kolkata Vs. Hindusthan National Glass And Industries Limited

Case No: ITA No.: 338/KOL/2024
Court: INCOME TAX APPELLATE TRIBUNAL, KOLKATA ‘C’ BENCH
Date: 12/31/2025

Parties Involved

appellantDCIT, Circle-5(1), Kolkata
respondentHindusthan National Glass And Industries Limited

Facts Summary

The return declaring total income of ₹ 1,01,21,34,588/- was filed on 29.09.2011. During assessment, the Assessing Officer disallowed a sum of Rs 474.22 lakhs by invoking provisions of section 14A r/w rule 8D(2)(ii) and 8D(2)(iii), Rs 3.94 lakhs on account of delayed deposit of employee’s contribution to ESI and club expenses of Rs 0.23 lakhs as personal expenditure. Aggrieved with the assessment order, the assessee filed an appeal before the Ld. CIT(A) who partly allowed the appeal. Aggrieved wi

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the Ld. CIT(A) was justified in deleting the addition of Rs 4,74,22,911/- made u/s 14A of the Act read with Rule 8D of the Income Tax Rules, 1962.
  • 2. Whether the CIT(A) was justified in deleting the addition of Rs 3,94,98,436/- made u/s 14A rw Rule 8D(2)(ii) on the ground that the assessee had own funds in the form of share capital and reserves.

1 more legal issue analysed in this judgement.

Precedents Relied Upon

5 precedents cited in this judgement.

Judgment Outcome

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