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ITAT Kolkata

Income from Foreign Asset Earned through Pension mentioned in FA Schedule is Not Taxable in India

August 12, 2020 4422 Views 0 comment Print

The issue under consideration is whether the addition on the income from foreign asset earned through the retirement plan mentioned in FA schedule is taxable in India or not?

No section 271B Penalty for Not furnishing Audit Report before ITR Filing

August 11, 2020 7161 Views 0 comment Print

Vrinda Sales P. Ltd Vs ITO (ITAT Delhi) The issue under consideration is whether CIT(A) is correct in levying penalty under Section 271B for not auditing books of accounts/ furnishing reports of the audit of books of accounts on the due date of filing Income Tax Return (ITR)? ITAT states that, in the instant case, […]

Loose papers cannot be classified as ‘incriminating material’ unless AO establishes nexus

August 6, 2020 4935 Views 0 comment Print

For instance, scribbling or rough notings found on loose papers cannot be straightaway classified as ‘incriminating material’ unless the AO establishes nexus or connect of such notings with unearthing of undisclosed income of the assessee. This nexus or connect has to be brought out in explicit terms with corroborative material or evidence which any prudent man properly instructed in law must be able to understand or correlate so as to justify the AO’s inference of undisclosed income from such seized incriminating material.

Addition on directly related ground valid in case of Limited Scrutiny

July 22, 2020 702 Views 0 comment Print

Addition made by AO on account of profit allegedly earned by assessee on undisclosed turnover was directly related to the ground on which the case of the assessee was selected for limited scrutiny. Since same being fall-out of the verification made by AO on issue, on which case of assessee was selected for limited scrutiny, there was no merit in contention raised by assessee that addition made by AO was beyond scope of limited scrutiny.

No section 271(1)(c) Penalty on Income Surrendered Voluntarily during Assessment

July 22, 2020 2181 Views 0 comment Print

The issue under consideration is whether Penalty u/s 271(1)(c) can be levied in the case where the assessee surrendered the income voluntarily during the course of the assessment?

Section 201(3)(ii) Limitation not applicable to Non resident Assessee

July 10, 2020 2529 Views 0 comment Print

ITO Vs Bata India Ltd. (ITAT Kolkata) There is no dispute on the basic fact that the Assessing Officer’s order herein dated 10.06.2009 passed u/s 201(1A) r.w.s. 195 of the Act has raised interest payment in issue of ₹1,02,545/- for the reason that it failed to pay the TDS deducted on royalty payments to the […]

No Section 263 invocation If AO taken One possible view out of Many

July 10, 2020 948 Views 0 comment Print

PCIT’s action under challenge is not sustainable since the Assessing Officer had taken one of the possible views only in this factual backdrop. It is reversed therefore.

Interest on Loan cannot be disallowed on mere assumptions

July 8, 2020 4251 Views 0 comment Print

The issue under consideration is whether the AO is correct in disallowing the net interest as debited to Profit & Loss A/ c of the proprietary concern?

Order passed without service of Notice of hearing- ITAT refereed matter back to CIT(A)

July 7, 2020 942 Views 0 comment Print

Jagannath Cement Works P.Ltd Vs ITO (ITAT Kolkata) In this case ld. CIT(A) has noted that appeal was posted for hearing on thrice i.e 13-08-2019, 14-08-2019 and 22-08-2019 and finding that none appeared on behalf of assessee, he dismissed the appeal preferred by the assessee. However, from a perusal the impugned order there is no […]

ITAT Remand Case to AO to Decide Treatment of Interest from FDR made for Contract Business

July 3, 2020 579 Views 0 comment Print

The issue under consideration is whether CIT(A) is correct in treating the interest from Fixed deposits made in connection with Contract business as income from ‘Other sources’ in place of income from ‘Business’?

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