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ITAT Kolkata

Notice u/s 148 can be Issued on Assessee’s Failure to truly disclose Material Facts: ITAT

August 6, 2023 1704 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal set aside Notice under Section 148 by making observation that the ld. Assessing Officer failed to pinpoint the failure at the end of the assessee to disclose all material facts fully and truly, which led the escapement of income from taxation.

Compensation payment out of sale proceeds explained with documentary evidence allowed

August 6, 2023 981 Views 0 comment Print

ITAT Kolkata held that compensation paid out of sale proceeds to various parties is duly explained by the assessee with documentary evidences. Accordingly, addition towards compensation paid deleted.

Assessment Invalidated by ITAT: Reopening Beyond Four Years

August 6, 2023 1290 Views 0 comment Print

Discover the key points from the Samridhi Stocks Pvt Ltd vs ITO case at ITAT Kolkata, where a late assessment reopening was invalidated.

In absence of Direct Evidence Share Trading Loss cannot be treated as Bogus

August 5, 2023 1683 Views 0 comment Print

Raigarh Jute & Textile Mills Ltd triumphs as ITAT Kolkata rules share trading loss genuine. Detailed analysis reveals weak circumstantial evidence.

Income Tax Exempt on compulsory Agricultural Land Acquisition Awards

August 4, 2023 2073 Views 0 comment Print

Read the full text of the ITAT Kolkata order in the case of Parasnath Vinimay Pvt. Ltd. vs. CPC. The appeal discusses the income tax exemption on awards received for compulsory acquisition of agricultural land.

Section 43CA doesn’t apply to agreement to sell entered prior to 1st April 2014

August 3, 2023 1728 Views 0 comment Print

ITAT Kolkata held that as provisions of section 43CA of the Income Tax Act are introduced with effect from 1st April 2014, the said provisions are not applicable to ‘agreement to sell’ entered prior to 1st April 2014.

Notional interest income cannot be estimated for disallowing interest expenditure 

August 1, 2023 981 Views 0 comment Print

Reviewing Panchiram Nahata Vs ITO case, where ITAT ruled that notional interest income could not be estimated for making disallowances out of interest expenditure

Machinery Repair Costs: Revenue in Nature for Petrol Pump Business

August 1, 2023 741 Views 0 comment Print

Dive into ITAT’s landmark ruling in Akram Hossain Mullick vs DCIT where machinery repair costs for a petrol pump business are considered as revenue nature.

ITAT Upholds Addition: Failure to Explain Large Share Premium

July 31, 2023 354 Views 0 comment Print

Explore an analysis of ITAT’s ruling against Timely Commercial P. Ltd for its failure to explain large share premium received, upholding an addition.

Salary Receipt by NRI for Services in Morocco: India-Morocco DTAA Article 15(1) Benefit eligible

July 30, 2023 888 Views 0 comment Print

ITAT Kolkata held that non-resident Indian who has provided services as an employee outside India (i.e. in Morocco) is entitled to claim benefit of Article 15(1) of the India Morocco DTAA.

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