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ITAT Kolkata

Section 269SS not applies to Cash Transaction between Close Family Members for giving support & help

January 10, 2018 19782 Views 1 comment Print

To support the family members, the money has been given by the assessee to his son/wife. This is simply a transfer of money from one family member to another family member to support day to day expenses, educational expenses and other family expenses

Service of notice U/s. 148 by affixture at wrong address is bad in law

January 5, 2018 3843 Views 0 comment Print

Kolkata bench of Income Tax Appellate Tribunal (ITAT) recently quashed the re-assessment under section 147/148 of the Income Tax Act since service of notice by affixture was done at a wrong address.

Tips paid by bank to casual workers on festive occasion is allowable expense

January 5, 2018 5250 Views 1 comment Print

In West Bengal State Co-operative Bank Ltd. v. DCIT, the Kolkata bench of Income Tax Appellate Tribunal in its recent order has held that the payment made by banks to casual workers on festive occasion can be allowed as deduction under section 37 of the Income Tax Act.

Addition U/s. 69 for Jewellery duly reflected in Books with evidenced source not sustainable

January 3, 2018 1527 Views 0 comment Print

The Kolkata bench of Income Tax Appellate Tribunal, in its recent order said that Investment in Jewellery cannot be treated as Unexplained when it is reflected in the books & the source of Fund is evidenced through Bank A/c.

Law on Exemption for Partners’ Share of Profit in Income of Firm

January 3, 2018 35304 Views 0 comment Print

The Kolkata bench of the Income Tax Appellate Tribunal (ITAT), in Vinod Agarwal vs Pr.C.I.T.Central, has explained the law on income tax exemption for partners’ share of profit in the income of the firm in detail.

Commission to Director based on % of Profit is allowable in year of Profit Determination

January 3, 2018 3411 Views 0 comment Print

Since, the commission to the Managing Director was payable by the assessee company on the profits and the profits for the financial year 2009-10 was determined only in the year under consideration after finalizing the account. The allow ability on account of commission was crystallized in the year under consideration and the Ld. CIT(A) in our opinion was fully justified in allowing the same.

Franchise fee paid by KKR to BCCI-IPL is revenue expenditure

December 29, 2017 4365 Views 0 comment Print

Payment of Franchise Fee by Kolkata Knight Riders to the Board of Control for Cricket in India (BCCI) would constitute revenue expenditure for the purpose of allowing Income tax deduction, said Mumbai ITAT.

No penalty for non offering LTCG to Tax due to ignorance of law

December 26, 2017 5613 Views 1 comment Print

Sri Sachindra Nath Kayal Vs. ITO (ITAT Kolkata) It undisputed fact that assessee has earned LTCG which was not offered to tax. It is also undisputed that the disclosure of the same made in balance-sheet of the assessee. Thus, we note that non- offering of LTCG to the tax was not deliberate. It was out […]

Interest income on NPA cannot be recognized unless received

December 26, 2017 3093 Views 0 comment Print

The Income Tax Appellate Tribunal in its recent order ruled that no additions can be made since interest has accrued to the assessee but has not been realized.

Pre-commencement Interest on advances to contractors is capital receipt

December 22, 2017 3039 Views 0 comment Print

Where the assessee had earned interest on advance paid to contractors during pre- commencement period was found to be ‘inextricably linked’ to the setting up of the plant of the assessee and hence was held to be a capital receipt which was permitted to be set off against pre- operative expenses.

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