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ITAT Kolkata

Royalty not embedded in import price paid to AE hence adjustment unsustainable

September 12, 2023 651 Views 0 comment Print

ITAT Kolkata held that TPO failed to demonstrate that royalty payment by assessee to Associated Enterprises (AEs) is embedded in the process of the imported goods. Accordingly, upward adjustment thereon unsustainable.

Distress Sale of Land: ITAT deletes Section 50C addition

September 12, 2023 2127 Views 0 comment Print

ITAT Kolkata rules in favor of Southern Road Carriers Ltd, stating the Assessing Officer was not justified in making tax additions based on stamp duty value. Get the full case analysis.

ITAT allows expenditure incurred on amenities provided to tenants against house property income

September 11, 2023 822 Views 0 comment Print

Analysis of ITAT Kolkata’s landmark decision in Bagaria More Co. Ltd. vs ADIT, focusing on the treatment of the cost of amenities provided to tenants under Income from House Property.

ITAT allows Additional Depreciation Allowed on Captive Power Plant Equipment

September 11, 2023 534 Views 0 comment Print

ITAT Kolkata’s ruling on additional depreciation under Section 32(1)(iia) of Income Tax Act on Captive Power Plant Equipment in DCIT Vs Tirupati Sugars.

Disallowance of loss claimed u/s 41 in hypothetical way needs fresh examination

September 9, 2023 672 Views 0 comment Print

ITAT Kolkata held that disallowance of loss claimed by the assessee under section 41 of the Income Tax Act in a hypothetical way is unjustified and accordingly matter set aside for afresh examination.

TDS Not Applicable on SIM/Mobile Recharge Card Discounts: ITAT Kolkata 

September 5, 2023 1299 Views 0 comment Print

Analysis of ITAT Kolkata ruling in Nabirul Islam Vs DCIT, stating that TDS is not applicable on discounts given to retailers on sale of prepaid SIM cards or mobile recharge cards.

Section 24(b), 80C & 80D Deduction Can’t Be Denied for Not Claiming in ITR

September 1, 2023 6252 Views 0 comment Print

In Sandip Chattopadhyay vs. ITO case, ITAT Kolkata ruled that deductions under sections 24(b), 80C, and 80D cannot be denied for not being claimed in ITR.

Compensation paid for Contractual Non-Fulfilment allowable

August 28, 2023 339 Views 0 comment Print

ITAT Kolkata rules that compensation paid for not fulfilling a contract isn’t penal, as there’s no law infringement. This upholds deduction claims.

CIT (A) cannot enhance taxable income based on issues not considered by AO

August 23, 2023 1467 Views 0 comment Print

Read a detailed analysis of case of Apeejay Shipping Ltd. vs ACIT in ITAT Kolkata regarding jurisdiction of CIT (A) to raise new tax issues and enhance taxable income.

Expenditure incurred for earning income is to be allowed even if society not registered u/s 12A

August 22, 2023 1134 Views 0 comment Print

ITAT Kolkata held that gross receipts cannot be taxed entirely, estimated expenditure incurred by the society for earning this income needs to be allowed even if the society is not registered under section 12A of the Income Tax Act.

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