Follow Us:

ITAT Kolkata

No Section 14A Disallowance if investments are business expediency & strategic investments

December 22, 2017 3495 Views 0 comment Print

No disallowance U/s 14A of Act need to be made by invoking the provisions of Rule 8D (2) (ii) of Rules as investments admittedly are business expediency investments and strategic investments.

TDS can be granted only in year in which income on which such TDS is assessable to tax

December 21, 2017 20073 Views 1 comment Print

As per Section 199(3) of Income Tax Act, 1961 read with Rule 37BA(3)(i) and (ii) of Income Tax Rules, 1962 TDS can be granted only in the year in which the income/receipt on which such tax deducted at source is asses sable to tax.

Kolkata Port Trust is a ‘Local Authority’ for Income Tax Purpose

December 21, 2017 2763 Views 0 comment Print

The only issue to be decided in both the appeals of the revenue is that whether the assessee Port Trust can be assessed in the status of Local Authority or in the status of Company in the facts and circumstances of the case.

Section 72A(7) Hospitals can’t be treated as an Industrial Undertaking for Set Off of Unabsorbed Depreciation

December 15, 2017 6264 Views 0 comment Print

The Bangalore bench of Income Tax Appellate Tribunal recently rejected the plea for setting off of unabsorbed depreciation since Hospitals can’t be treated as an industrial undertaking for the purpose of section Section 72A(7) of the Income Tax Act, 1961.

Expense on replacement of optic fibre cables on regular basis to retain existing Customers is revenue expense

December 6, 2017 4440 Views 0 comment Print

Contention of that assessee was that the traditional cable was cut and damaged by the rival cable network operators. The assessee therein had to necessarily replace the damaged part of the cables alone and not the entire cable by optical fibre cable for transmitting TV signals.

Abated assessments cannot be disturbed if no incriminating material found during search

December 6, 2017 5553 Views 0 comment Print

Legislature had conferred powers on AO to just follow assessments already concluded unless there is an incriminating material found in search to disturb concluded assessment.

No Section 14A disallowance for dividend earned on Strategic Investment in Subsidiary Company

December 6, 2017 5238 Views 0 comment Print

This appeal as well as Cross Objection (CO) by the Revenue and assessee is directed against the order of Commissioner of Income Tax (Appeals)-9, Kolkata dated 01.12.2015. Assessment was framed by DCIT, Circle-11, Kolkata u/s 143(3) of the Income Tax Act, 1961

Expenses incurred to earn Interest Income can be claimed u/s 57(iii)

December 6, 2017 37569 Views 0 comment Print

ITO Vs. M/s Borojalingh Tea Co. (ITAT Kolkata) The question before us arises so as to whether the assessee is entitled for claiming the interest expense against the interest income in the given facts and circumstances. It is undisputed fact that the loan was provided to the parties on interest and accordingly interest income was […]

Section 194C TDS not applicable on Transport Charges Reimbursed to suppliers

December 6, 2017 17592 Views 0 comment Print

This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals), Burdwan dated 20.01.2016 and the solitary issue involved therein relates to the deletion by the ld. CIT(Appeals) of the disallowance of Rs.32,06,445/- and Rs.3,58,000/-

Derivatives Profit / Loss: Section 43(5)(d) applies from AY 2006-07

December 1, 2017 30975 Views 0 comment Print

Kolkata bench of Income Tax Appellate Tribunal (ITAT) has recently held that loss derived from trading in derivatives carried out prior to 25/01/2006 cannot be treated as speculative loss and it should be treated as normal business loss under the provisions of the Income Tax Act, 1961.

Search Post by Date
May 2026
M T W T F S S
 123
45678910
11121314151617
18192021222324
25262728293031