ITAT Kolkata quashes assessment for Lily Sarkar (AY 2011-12), ruling that the S. 148 notice issued to the deceased assessee was invalid. Consequential proceedings were void as per S. 159 and judicial precedents.
ITAT Kolkata quashes S. 271(1)(c) penalty against Baidya Nath Dey (AY 2011-12). Penalty notice invalid as the AO failed to strike off the irrelevant limb, a defect confirmed by the Calcutta High Court.
ITAT Kolkata remands PF/ESI disallowance for AY 2018-19, 2019-20 to AO for verification of statutory due dates. Follows Supreme Court’s Checkmate ruling: employee contributions must be paid by special Act due dates.
ITAT Kolkata allows Begpur Samabay Krishi Unnayan Samity Ltd. 80P(2)(d) deduction on Rs.28 lakh interest. Tribunal distinguished the Totgars SC ruling, holding that interest from deposits with a cooperative bank is eligible for deduction.
ITAT Kolkata remands 80P deduction appeal of Jotesriram Samabay Society back to CIT(A). The Tribunal orders fresh consideration of Rs.89 lakh interest income, stressing need for bifurcation and compliance with the Totgars SC ruling.
ITAT Kolkata deletes the Section 271(1)(c) penalty against Asit Kumar Dutta. The Tribunal ruled that an incorrect deduction claimed by mistake, with full disclosure, does not constitute furnishing inaccurate particulars of income.
ITAT Kolkata remands the Rs.77 lakh Section 69A cash addition against Kulut Samabay Krishi Unnayan Samity Ltd. back to the CIT(A). New evidence on cash source and Section 80P claim to be examined; Rule 46A procedure is mandatory.
ribunal held that penalty under section 271B cannot be levied without books of account. Only penalty u/s 271A for non-maintenance applies, reduced from ₹1.5 lakh to ₹25,000.
Patna High Court held that seizure memo without recording mandatory ‘reason to believe’ as required under Section 110 of the Customs Act, 1962 is invalid and bad-in-law. Accordingly, order of confiscation is liable to be quashed.
ITAT Mumbai grants relief to a Rotary Trust, ruling a bona fide error in filing Form 80G instead of 12A justifies condonation of delay for re-registration and Section 11 exemption.
