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ITAT Kolkata

Slight difference in Person’s Name does not prove transaction is not genuine

September 2, 2015 1084 Views 0 comment Print

In the case ITO Vs. Smt. Mala Gupta the Hon’ble Kolkata ITAT held that slight difference in the name of the person does not mean that it is not the same person provided the genuineness of the transaction is proved.

No Penalty u/s 271FB if Assessee has no malafide intentions

August 29, 2015 1730 Views 0 comment Print

In the case M/s. Ashok Trading Co. Vs. ITO the Hon’ble Kolkata ITAT held that as per sub-section (2) of 115WD, if the assessee had not filed the return of Fringe Benefit but in the opinion of the AO he should have filed the return

Materials collected & Statements recorded during Survey u/s 133A are not conclusive evidences

August 29, 2015 2234 Views 0 comment Print

In the case of Pankaj Plastic Industries Vs. ITO the Hon’ble Kolkata ITAT held that The materials found in the course of survey would not be the basis for making any addition in the assessment. The word “may” used in section 133A (3)(iii) of the Act makes it clear that the materials collected

When shares are not dividend bearing, no tax free income would arise. Sec. 14A would not applicable

August 20, 2015 970 Views 0 comment Print

In the balance sheet of the assessee, A.O. noted that there was a term loan of Rs.7,58,09,730/- from Axis Bank. Further the assessee has invested in fully paid equity shares of Pollen Dealcom Pvt. Ltd. amounting to Rs.6 crores.

No penalty u/s 271(1)(C), when the taxable income and tax remains the same after adjusting the addition due to concealment

August 20, 2015 7859 Views 0 comment Print

The AO initiated the penalty under section 271(1)(c) for concealment of income and for furnishing of inaccurate particulars of income. The assessee went in appeal before the CIT(A). The CIT(A) partly allowed the appeal of the assessee and sustained the penalty in respect of addition made due to provision for sundry debtors and provision for suspense.

Only fees paid to Registrar is capital expenditure, other expense incurred in relation to issue covered u/s 35D

August 20, 2015 6961 Views 0 comment Print

The present appeal filed by the assessee challenging the order passed by CIT(A) confirming the disallowance made u/s 35D in respect of expenditure incurred related to issue of shares and computation of book profit u/s 115JB.

Claim of deduction u/s 80IB cannot be withdrawn in proceedings u/s 154

August 20, 2015 907 Views 0 comment Print

In the case Vinod Kumar Surana Vs. ITO the Hon’ble Kolkata ITAT held that the fact of withdrawal of deduction u/ 80IB of the Act in the subsequent years when the same were duly granted by the ld. AO in the initial assessment years per se becomes a debatable issue and hence same cannot be dealt in the proceedings u/s 154

Section 68 cannot be invoked without proper inquiry

August 20, 2015 844 Views 0 comment Print

In the case of Neeraj Murarka Vs. ITO the Hon’ble Kolkata ITAT held that the fact of cash withdrawals made by assessee, cash balance held by assessee has never been questioned and nor any fact to the contrary has been brought on record.

Decision on a debatable point of law is not a apparent mistake & cannot be rectified u/s 154

August 13, 2015 712 Views 0 comment Print

Assessee claimed deductions on account of excise duty paid and interest thereon which was originally allowed by AO but subsequently rectified u/s 154 by making addition of the same. ITAT examined the facts

Issue of Share at Premium- Modus Operandi of Conversion of Black Money into White

August 11, 2015 6627 Views 0 comment Print

In these cases there are 18 different assessees who filed appeal before ITAT aggrieved from the order u/s 263 passed by CITs. In original proceedings AO passed orders with nominal additions after investigation by way of summoning various subscribers to share capital of assessee companies.

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