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ITAT Kolkata

Education Cess not allowable expenditure u/s 37(1)

December 18, 2023 669 Views 0 comment Print

ITAT Kolkata held that education cess is not allowable expenditure under section 37(1) of the Income Tax Act.

Upfront lease premium on lease-hold land allowable as deduction u/s. 37(1) of Income Tax Act

November 25, 2023 2349 Views 0 comment Print

ITAT Kolkata rules on upfront lease premium, corporate guarantee fee, and royalty income. Key points from ACIT Vs Britannia Industries. Full order analysis.

Levy of interest u/s. 115P for short payment of DDT not being part of order u/s. 143(3) cannot be revised u/s. 263

November 23, 2023 810 Views 0 comment Print

ITAT Kolkata held that revision of assessment order passed u/s. 143(3) unsustainable as levy of interest u/s. 115P of the Income Tax Act for short payment of Dividend Distribution Tax (DDT) u/s. 115-O of the Income Tax Act, which comes under a separate Chapter, was not part of assessment order.

Exemption u/s 10(23B) cannot be Denied for Technical Violation: ITAT Kolkata

November 12, 2023 558 Views 0 comment Print

In a recent order by the Income Tax Appellate Tribunal (ITAT) Kolkata, the denial of exemption under section 10(23B) of the Income Tax Act for a mere technical violation has been challenged. This article delves into the background of the case, the ITAT’s decision, and its implications.

ITAT Kolkata: Penalty Deleted – AO Cannot Demand P&L for Section 44AD Income

November 8, 2023 1059 Views 0 comment Print

The ITAT Kolkata has deleted the penalty in Prem Kumar Goutam vs. DCIT, ruling that the AO cannot demand a Profit and Loss Account for Section 44AD income. Get the details.

Profit cannot be estimated without rejecting books of Account

November 8, 2023 1983 Views 0 comment Print

In the case of Bulu Ghosh vs. ITO, the ITAT Kolkata ruled that profit cannot be estimated without rejecting books of account. Read the full text of the order here.

Section 68 addition can be made only in the Assessment year of receipt 

November 6, 2023 714 Views 0 comment Print

ITAT Kolkata clarifies that cash credit addition under Section 68 of the Income Tax Act should be made for credits received during the relevant assessment year. Details of Shaktigarh Textile and Industries Ltd. vs. DCIT case.

Bogus Purchase: ITAT Kolkata restricts addition to 5% of Bogus Purchase

November 5, 2023 2334 Views 0 comment Print

Learn about ITAT Kolkata’s decision in Sushama Industries vs. ITO for AY 2011-12, where a 5% disallowance is made on profit element of bogus purchases. Details here.

Section 69B Requires Evidence, Not Conjectures: ITAT

November 5, 2023 864 Views 0 comment Print

Read about Babusona Mondal’s appeal against the AO’s addition under Section 69B. ITAT Kolkata rules that additions can’t be made based on conjectures without considering evidence.

ITAT Kolkata Allows Interest on Business-Purpose Unsecured Loans

November 5, 2023 300 Views 0 comment Print

Read about Amit Agarwal’s appeal against the disallowance of interest on unsecured loans. ITAT Kolkata rules that additions can’t be allowed if loans were for business purposes.

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