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ITAT Kolkata

Failure to substantiate identity & fund source: Kolkata ITAT Remits Matter for Re-adjudication

March 19, 2024 264 Views 0 comment Print

Kolkata ITAT remits case of Dahisar Traders Pvt Ltd vs ITO due to failure in substantiating identity & fund source, demanding re-adjudication. Full order details.

Direction of DRP should be followed by TPO for calculation of TP adjustment: ITAT Kolkata

March 19, 2024 666 Views 0 comment Print

ITAT Kolkata held that TPO should follow the direction of Hon’ble Dispute Resolution Panel (DRP). Accordingly, matter to the file of ld. TPO/AO for further calculation of TP adjustment by considering the direction of the Hon’ble DRP.

Deemed dividend u/s 2(22)(e) assessable in hands of beneficial shareholder having substantial interest: ITAT Kolkata

March 19, 2024 816 Views 0 comment Print

Apeejay Surrendra Management Services Pvt Ltd Vs DCIT (ITAT Kolkata) ITAT Kolkata held that deemed dividend under section 2(22)(e) of the Income Tax Act can be added in the hands of beneficial shareholder who is having controlling interest (substantial interest). Facts- Assessee is engaged in the business of Brand Owning and Consultancy. During the year […]

Assessment Order Deemed Time-Barred: Lack of Evidence for Timely Issuance, Rules Tribunal

March 19, 2024 567 Views 0 comment Print

In the case of Dhanterash Sales Pvt. Ltd. Vs ITO, ITAT Kolkata ruled that the assessment order was deemed time-barred due to lack of evidence for timely issuance, dismissing the additions made by the Assessing Officer.

Retracted Statement Doesn’t Justify Treating Currency Derivative Loss as Bogus

March 19, 2024 405 Views 0 comment Print

DCIT Vs Delight Suppliers Pvt. Ltd. case by ITAT Kolkata, where currency derivative loss was deemed genuine and safe harbour rule of 5% under Section 50C was allowed.

Section 80G Registration Application cannot be rejected for inadvertent error

March 18, 2024 3186 Views 0 comment Print

Explore the Kolkata ITAT’s verdict on the rejection of Sarda Mission Sevasram Viveknagar’s application for 80G approval due to a wrong clause mention, highlighting rectifiability.

ITAT deletes section 271A(d) penalty due to absence of demand notice

March 18, 2024 876 Views 0 comment Print

Explore Kolkata ITAT’s ruling on the disallowance of the claim under section 80P by the CPC prior to April 01, 2021, deeming it beyond its jurisdiction, impacting Pairagacha Cooperative Credit Society Ltd.

Addition u/s. 68 unsustainable as AO failed to conduct independent enquiry to verify genuineness of transaction: ITAT Kolkata

March 18, 2024 1182 Views 0 comment Print

In Brightstar Vincom Pvt Ltd Vs ITO, Kolkata ITAT emphasizes independent inquiry by AO before adding under section 68 of IT Act.

ITAT directs CIT(E) to treat application in Form No. 10AB  as filed under clause 12A(1)(ac)(i)

March 18, 2024 666 Views 0 comment Print

Delve into the Kolkata ITAT’s ruling regarding Form No. 10AB applications under section 12A(1)(ac)(i) for registration, analyzing its impact on Santiniketan Sishutirtha vs CIT (Exemptions).

ITAT Allows Office Running Expenses of Property Development & Leasing Company

March 18, 2024 249 Views 0 comment Print

Armasol Properties Pvt. Ltd. vs. ITO (ITAT Kolkata) case analysis. ITAT allows expenses under section 24(a) of Income Tax Act. Detailed article on the ruling and its implications.

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