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ITAT Kolkata

Latest Posts in ITAT Kolkata

Stamp duty value on date of agreement to be considered when date of agreement and registration is different

October 25, 2024 588 Views 0 comment Print

ITAT Kolkata held that when date of agreement and date of registration are not same, then, stamp duty value on the date of agreement should be considered. Accordingly, since difference is less than 10%, hence addition u/s. 56(2)(vii) unjustified.

Allotment letter given by developer construed as agreement of purchase: ITAT Kolkata

October 23, 2024 351 Views 0 comment Print

ITAT Kolkata held that allotment letter given by the developer to the assessee way back in 2010 would be construed as an agreement of purchase between the developer and the assessee. Thus, addition u/s. 56(2)(vii)(b) of the Income Tax Act not survived.

No addition u/s 68 of ₹2.30 Crore as assessee had duly discharged burden of proof of share transactions

October 23, 2024 474 Views 0 comment Print

Assessee was a private limited company registered as a non-banking finance company (NBFC) with the RBI, engaged in providing loans, advances, and dealing in shares and securities.

No Section 140A(3) Penalty for Non-Payment of Taxes on Returned Income Post AY 1989-90

October 17, 2024 678 Views 0 comment Print

ITAT Kolkata ruled that penalties under Section 140A(3) are not applicable for non-payment of taxes on self-assessed income post-AY 1989-90.

PCIT’s Section 263 Revision Unjustified Without Proving Error & loss to revenue

October 10, 2024 300 Views 0 comment Print

PCIT’s revisionary order under Section 263 was unjustified if PCIT failed to demonstrate how the original assessment was erroneous and prejudicial to the interest of revenue

Section 50C Not Applicable: FMV and Sale Price Difference Within 10%

September 30, 2024 771 Views 0 comment Print

ITAT Kolkata allows Nalanda Builders appeal on property sale valuation but upholds disallowance of short-term capital loss on share sales. Key details inside.

Section 115BAA: No Fresh Form 10IC Needed for Lower Tax Rate in Subsequent Years

September 30, 2024 369 Views 0 comment Print

ITAT Kolkata ruled in favor of Narayani Laxmi Viniyog Pvt. Ltd., applying a 22% tax rate under Section 115BAA despite CPC’s 40% tax assessment for AY 2023-24.

Section 271(1)(c) penalty unjustified on estimated addition to income

September 30, 2024 333 Views 0 comment Print

ITAT Kolkata allows appeal, deletes Rs. 1,99,911 penalty imposed under Section 271(1)(c) of the Income Tax Act for commission income estimation dispute.

AO Cannot Make other Additions in Reassessment if No Addition on Recorded Issue

September 26, 2024 588 Views 0 comment Print

ITAT Kolkata quashes DCIT’s reassessment of Ganesh Steel for AY 2012-13 due to jurisdictional errors and invalid addition of bogus purchases under Section 69C.

Section 263 Revision Untenable Without Proving Assessment Order’s Error & Revenue Prejudice

September 21, 2024 390 Views 0 comment Print

The ITAT Kolkata quashed Section 263 proceedings against Nalanda Engicon, ruling that the prior approval under Section 153D was sufficient to invalidate the revision.

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