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ITAT Kolkata

Addition u/s 68 unjustified as genuineness of transaction proved with evidence: ITAT Kolkata

February 7, 2024 3282 Views 0 comment Print

ITAT Kolkata held that addition u/s. 68 as unexplained cash credit unjustified as assessee has filed all the evidences concerning transactions to establish the identity and creditworthiness of the lenders and to prove the genuineness of the transactions.

Rental Income Intended for Charitable & Educational Purposes Eligible for Section 10(23C)(vi) Exemption

January 30, 2024 1941 Views 0 comment Print

Income earned from educational activities is eligible for exemption under Section 10(23C)(vi) of the Income Tax Act. Read the detailed analysis of the ITAT Kolkata ruling in the case of Durgapur Society of Management Science vs ITO.

ITAT deletes unexplained cash credit addition of Rs. 3 crore, stemming from unsecured loans

January 18, 2024 5274 Views 0 comment Print

The appeal challenges the order dated 14th June 2023, passed under section 250 of the Income Tax Act, 1961. The primary issue revolves around the addition of Rs.3,00,00,000/- as unexplained cash credit on account of unsecured loans.

Exemption u/s 11 available to Indian Chamber of Commerce on its entire receipts

January 16, 2024 699 Views 0 comment Print

ITAT Kolkata held that the Indian Chamber of Commerce (ICC) is entitled to exemption u/s 11 of the Act as ICC is not carrying on any activity of holding meetings, seminars and conferences for business purpose but only in support its main object hence it is not hit by the proviso to Section 2(15) of the Act even post amendments.

ITAT Kolkata deletes addition of Rs. 3 Crore of share capital & share premium

January 10, 2024 2853 Views 0 comment Print

In-depth analysis of ITAT Kolkata order on Income Tax Department’s misuse of Section 68 powers. Dismissal of appeal for unexplained cash credit of Rs.3 Cr.

No addition u/s 69 for advances received against booking of flats by treating it as unexplained expenditure

December 30, 2023 1167 Views 0 comment Print

Assessee-individual was carrying out various types of business including property development, liquor shop, medicine shop and rental income. The return was selected for scrutiny by issuance of notice u/s 143(2) and 142(1).

Revisionary proceedings initiated in the name of non-existent entity is invalid

December 23, 2023 828 Views 0 comment Print

ITAT Kolkata held that revisionary proceedings u/s. 263 initiated in the name of non-existent entity, despite the fact that private limited company was converted into LLP and the conversion was brought to the knowledge of AO, is void ab initio and invalid.

Denial of TDS credit to deductee due to non-deposit of TDS by deductor unjustified

December 21, 2023 3822 Views 1 comment Print

ITAT Kolkata held that once the TDS is deducted then the liability resulting from the non-deposit of TDS by the deductor cannot be fasten on the deductee. Hence, denial of TDS credit to deductee unjustified.

Denial of LTCG exemption: ITAT directs AO to allow exemption after examination

December 21, 2023 651 Views 0 comment Print

Read the full text of the ITAT Kolkata order in the case of Pan Emami Cosmed Limited vs. DCIT. The denial of LTCG exemption overturned, directing AO to allow after examination.

Non-Resident’s Salary Receipt in NRE Account for Overseas Services Not Taxable in India

December 20, 2023 2124 Views 0 comment Print

The key issue is whether the salary, directly remitted from a foreign company to the assessee’s Non-Resident External (NRE) account in India, is taxable in India.

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