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ITAT Kolkata

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

September 30, 2024 606 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 507 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 771 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 1062 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.

ITAT condones delay in filing Form-10B as it was a procedural lapse rather than a substantial one

September 5, 2024 3414 Views 0 comment Print

ITAT Kolkata remands case of Daroga Family Foundation to reconsider condonation of delay in filing Form-10B due to COVID-19. The delay caused denial of tax exemption.

PCIT’s Revision Jurisdiction Time-Barred: Two-Year Limit Starts from Original Assessment, Not Reassessment

September 1, 2024 360 Views 1 comment Print

ITAT Kolkata ruled that PCIT’s revision under section 263 was time-barred as it exceeded the limitation period, invalidating the assessment revision.

Section 153A Addition Valid Only if Based on Material Seized during search: ITAT Kolkata

August 18, 2024 372 Views 0 comment Print

ITAT Kolkata held that additions u/s. 153A of the Income Tax Act could only be made on the basis of seized material found during the course of search. Thus, making additions in regular assessment without any incriminating material relating to said addition not justified.

CIT needs to independently apply his mind prior to invoking revisionary provisions u/s. 263: ITAT Kolkata

August 16, 2024 195 Views 0 comment Print

ITAT Kolkata held that CIT has not applied his mind analytically while assuming jurisdiction for taking cognizance under section 263 of the Income Tax Act. Thus, in absence of independent application of mind, invocation of revisionary provisions by CIT unsustainable.

Foreign allowance for services rendered outside India is not taxable in India: ITAT Kolkata

August 1, 2024 441 Views 0 comment Print

ITAT Kolkata held that foreign allowance received by a non-resident outside India for services rendered outside India does not fall within the scope of total income under section 5(2) of the Income Tax Act.

Set off of loss on sale of recognised shares against LTCG from sale of unlisted shares allowable: ITAT Kolkata

July 24, 2024 459 Views 0 comment Print

ITAT Kolkata held that loss on sale of shares on recognized stock exchange with STT paid, is eligible to be set off against the long-term capital gain (LTCG) earned from sale of unlisted shares.

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