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ITAT Kolkata

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

November 8, 2023 1101 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 2076 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 738 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 2355 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 879 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 309 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.

Non-Consideration of Investor Identity & Creditworthiness Evidences: Addition deleted

November 4, 2023 402 Views 0 comment Print

In the Prompt Barter Pvt. Ltd. vs. ITO case, ITAT Kolkata directs AO to remove the income tax addition due to non-consideration of evidences for identity and creditworthiness of investors.

Revision u/s 263 without recording a finding regarding escapement of income is unsustainable

October 30, 2023 735 Views 0 comment Print

ITAT Kolkata held that invocation of revisionary power u/s 263 of the Income Tax Act without pointing out the error committed by AO and without recording a finding regarding escapement of income is unsustainable in law.

Annual Lettable Value of vacant property held as stock-in-trade is computed at NIL

October 30, 2023 1407 Views 0 comment Print

ITAT Kolkata held that as per provisions of section 23(1)(c) the annual lettable value of the vacant property of unsold units/flats held as stock-in-trade by the assessee but remained vacant during the year is to be computed at Rs. NIL.

Section 271(1)(c) Penalty not leviable if explanation with documentary evidence not found to be false

October 28, 2023 5184 Views 0 comment Print

ITAT Kolkata held that as assessee has provided the explanation with documentary evidence and such documents have not been held as false either by AO during assessment proceedings or during penalty proceedings. Hence, penalty u/s. 271(1)(c) not leviable.

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