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ITAT Kolkata

Wrong Officer Issuing Section 143(2) Voids Entire Assessment

December 20, 2025 660 Views 0 comment Print

The ITAT held that a notice under Section 143(2) issued by a non-jurisdictional officer is invalid. Such a defect strikes at the root of the assessment and cannot be cured.

Scrutiny Assessment Set Aside Due to Invalid 143(2) Notice

December 18, 2025 1455 Views 0 comment Print

The Tribunal held that an assessment framed without a valid notice under Section 143(2) by the jurisdictional officer is void. Jurisdictional compliance is mandatory.

NSEL Transactions Not Unexplained Money: ITAT Kolkata Upholds Deletion u/s 69A

December 18, 2025 420 Views 0 comment Print

The Tribunal held that Section 69A applies only to money not recorded in books of account. Additions based on duly recorded, bank-routed transactions were found unsustainable.

Cash Deposit Addition Deleted as Bank Withdrawals Explained Deposit Source: ITAT Kolkata

December 17, 2025 1266 Views 0 comment Print

The Tribunal deleted an addition under Section 69A after holding that cash deposits were explained through prior bank withdrawals. The ruling affirms that redeposit of own withdrawn cash cannot be treated as unexplained.

Cash Deposit Taxed Because Personal Explanation Was Unsubstantiated

December 15, 2025 687 Views 0 comment Print

The Tribunal held that past cash withdrawals cannot justify demonetisation deposits without evidence of continued cash holding. The is that unexplained deposits attract section 69A.

Delay in Form 10B Is Procedural: CPC Cannot Deny U/s 11 Exemption at U/s 143(1) Stage

December 15, 2025 987 Views 0 comment Print

The issue was whether a charitable trust could lose exemption due to late uploading of Form 10B. ITAT held that Form 10B is procedural and delay alone cannot defeat exemption when audit was completed in time.

CSR Deduction Denied Despite Section 80G Claim in Tax Appeal

December 15, 2025 750 Views 0 comment Print

Transfer pricing adjustment of ₹21.88 lakh partly reduced to 0.5% corporate guarantee fee. Tribunal confirms international transaction status but applies consistent methodology with prior years.

No Section 143(2) Notice, No Jurisdiction: Reassessment Declared Null & Void

December 13, 2025 1041 Views 0 comment Print

ITAT quashed a reassessment under section 147 as the AO failed to issue the mandatory notice under section 143(2), rendering the assessment legally invalid.

Commission Not Bogus When Payee Exists & Taxed: ITAT Deletes ₹51.37 Lakh Disallowance

December 13, 2025 627 Views 0 comment Print

Tribunal held that commission could not be treated as bogus where the recipient company’s existence was established through income tax returns, refunds, and official records, leading to deletion of the disallowance.

Legal control under a JDA constitutes transfer for capital gain: ITAT Kolkata

December 13, 2025 480 Views 0 comment Print

The Tribunal held that legal control under a JDA constitutes transfer for capital gains purposes. The assessee must provide acquisition cost details for recomputation.

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