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ITAT Kolkata

Bifurcation of consideration into land and building separately necessary for claiming depreciation

June 24, 2018 11055 Views 0 comment Print

Where assessee made no bifurcation of land and building and claimed depreciation on entire amount, therefore the case was remanded back to AO for bifurcating consideration into land & building and depreciation was to be allowed only on building portion.

Merely nomenclature of expense does not conclusively determine character and nature of expense

June 24, 2018 1674 Views 0 comment Print

Moreover, it has to be kept in mind by the AO that merely because nomenclature of expense is given as ‘Labour Charges Paid’ does not conclusively determine the character and nature of the expense claimed.

Loss from Hedging Contracts of Foreign Exchange is Normal Business Loss

June 23, 2018 4329 Views 0 comment Print

This appeal filed by the assessee directed against the Ld. Principal of Commissioner of Income Tax-3, Kolkata for the assessment year 2012-13, wherein he has revised the order passed u/s 143(3) by the Assessing officer on 24.02.2015 by exercising his jurisdiction u/s 263 of the Income Tax Act, 1961(the Act) on 8thMarch, 2017.

Expenses on replantation without any expansion of plantation area or replantation in an abandoned area are not capital expenditure

June 22, 2018 3006 Views 0 comment Print

ACIT Vs M/s Gillanders Arbuthnot & Co. Ltd. (ITAT Kolkata) 1. Expenses on replantation without any expansion of plantation area or replantation in an abandoned area are not capital expenditure Capital expenditure involves an investment increasing the capital for higher profit. The expansion means extension of plantation to an additional area. An area already abandoned, […]

Penalty U/s. 272A (2)(k) cannot be imposed for a mere technical venial breach

June 21, 2018 1791 Views 0 comment Print

Explanation offered by the assessee would constitute ‘reasonable cause’ within the meaning of section 273B of the Act and hence the assessee would be entitled for immunity from levy of penalty u/s 272A(2)(k) of the Act.

TDS U/s. 192 deductible on car running & maintenance expenses paid to staff

June 20, 2018 8565 Views 0 comment Print

TCG Lifesciences Pvt. Ltd. Vs ITO (ITAT Kolkata)  In the present case, the requisite details as specified in Clause (B) of sub-rule 2 of rule 3 of Income Tax Rules 1962 were not maintained by the assessee and this being the undisputed position, we find ourselves in agreement with the authorities below that the value […]

Interest from Lending business is taxable as Business Income and write off of bad debt allowable U/s. 36(1)(vii) read with Section 36(2)

June 19, 2018 5304 Views 0 comment Print

In view of the aforesaid fact and findings we hold that the write off of bad debt of Rs. 56,94,685/- would be squarely allowable as deduction u/s 36(1)(vii) read with Section 36(2) of the Act and the ld. AO is directed accordingly to grant the same.

AO cannot make disallowance on ad hoc basis without pointing out any defect / error in submission of assessee

June 19, 2018 11073 Views 0 comment Print

It is settled law that the disallowance on account of ad hoc basis is not permissible under the provision of the Act. If the AO is not satisfied with the submission of assessee then he has to make the disallowance after making specific reference to such documents / vouchers. AO cannot just make the disallowance on ad hoc basis without pointing out any defect / error in the submission of assessee.

Expenditure incurred to earn exempt Income computed u/s 14A can’t be added while computing Book Profit: ITAT

June 19, 2018 2817 Views 0 comment Print

These four appeals are preferred by the revenue against the four separate orders passed by the Ld. CIT (Appeals) all dated 27th July, 2016 for A.Y. 2010-11, 2011-12, 2012-13 and 2013-14 and since a common issue involved therein, the same have been heard together and are being disposed of by a single consolidated order.

Denial of application for approval u/s 80G justified as society spends more than 5% of Total Income on religious activities

June 19, 2018 7344 Views 0 comment Print

This is an appeal by the Assessee directed against the order dated 22.12.2016 of the ld. CIT, Exemptions (ld. CIT(E)), Kolkata relating to A.Y.2016-17, wherein the ld. CIT(E) has passed an order rejecting grant of the approval u/s 80G of the Income-tax Act, 1961 (here nafter referred to as the Act).

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