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ITAT Kolkata

Interest cannot be charged on Debit Balance of Partner if Partnership Deed prohibits the same

December 11, 2019 16308 Views 0 comment Print

DCIT Vs Ms. India Housing (ITAT Kolkata) We note that as per clause 10 of the Partnership Deed, no interest was to be charged or paid to the partners in respect of balances standing to the debit or credit of their capital account. As per Partnership Act, 1952, the partners can carry on any business […]

Bank Account disclosed in ITR found in search cannot be treated as Incriminating Material

November 29, 2019 1806 Views 0 comment Print

The issue under consideration is whether the addition made by AO u/s 68 by considering the share application money received by assessee as unexplained cash credit is justified in law?

Section 68- No addition for duly explained cash deposited in bank

November 22, 2019 4884 Views 0 comment Print

ACIT Vs Siddhartha Bhargava (ITAT Kolkata) The issue under consideration is whether Cash deposits in bank account held as unexplained u/s 68 is justified? During the assessment proceedings, the assessee had produced bank account of the assessee in Punjab National Bank (PNB) and HSBC. On verification of the bank accounts, it was found that there […]

Section 263 Order on Non-Existent Entity is unsustainable

November 22, 2019 1368 Views 0 comment Print

The issue under consideration is whether Passing of revisionary order against amalgamating company which was not in existence on the date of order is justified in law?

Sale of tea manufactured from leaves purchased from third parties is agricultural activity & eligible for deduction of 60%

November 20, 2019 4488 Views 0 comment Print

The issue under consideration is whether income from sale of tea manufactured and sold from tea leaves purchased from third parties was from non-agricultural activity and therefore, was not eligible for deduction of 60%?

No section 92CA(3) Adjustment for Corporate Guarantees

November 6, 2019 3057 Views 0 comment Print

The issue under consideration is whether the deletion of adjustment made u/s 92CA(3) of the Act on account of interest on loan and on account of corporate guarantees is justified in law?

Benefit of exemption u/s 11 cannot be denied in case of deemed registration u/s 12A

September 20, 2019 5391 Views 0 comment Print

Order under section 143(1) denying benefit of exemption under section 11 in case of granting of deemed registration by CIT after expiry of time limit of six months was contrary to the legal principles and thus, rejection of assessee’s application for rectification under section 154 was invalid.

Section 68 not applies to Swapping of shares

August 28, 2019 3144 Views 0 comment Print

This is a simple case of acquiring shares of certain companies from certain shareholders without paying any cash consideration and instead the consideration was settled through issuance of shares to the respective parties. That is, section 68 of I.T. Act, 1961 does not apply to cases of purchase of share assets and allotment of shares by the appellant when purchase and allotment are under a barter

No Section 14A disallowance if Assessee not used borrowed fund to make investment

August 28, 2019 1692 Views 0 comment Print

The question raised in appeal is challenging the action of CIT(A) in confirming the addition made on account of Section 14(A) r.w.s. 8D(2)(ii)&(iii) of the Rules.

Addition not maintainable on the basis of mere statement recorded during survey

August 28, 2019 5106 Views 0 comment Print

 Statement recorded during survey, under section 133A, does not have a evidentiary value on its own and, therefore, no addition was maintainable on the basis of statement recorded during the course of survey as there was no evidence supporting the statement.

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