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ITAT Kolkata

Rule 8(1): Taxable Tea Business Income to be determined after disallowance

June 12, 2023 2136 Views 0 comment Print

Rule 8(1) states that income from business of tea growing & manufacturing is computed as 40% of total income determined under Income Tax Act

Failure to Issue Section 143(2) Notice within Prescribed Time Limit Invalidates Reassessment

June 12, 2023 468 Views 0 comment Print

ITAT Kolkata’s decision, invalidating reassessment for Vansa Properties Pvt. Ltd. vs ITO due to non-issuance of notice under Section 143(2) within stipulated timeframe.

ITAT Deletes Section 271B Penalty: Non-Compliance of Notice not Always Deliberate

June 12, 2023 474 Views 0 comment Print

ITAT Kolkata deletes the penalty imposed on Devnadi Advisory Pvt. Ltd. due to alleged non-compliance of notice under section 271B of the Income Tax Act

Delay in Filing of Income Tax Form 67 Not Result in Denial of Section 90 Relief

June 11, 2023 972 Views 0 comment Print

ITAT Kolkata has ruled that the delay in filing Form 67 should not lead to the denial of relief under Section 90 of the Income Tax Act. The case involves Sobhan Lal Gangopadhyay’s appeal against the order of the National Faceless Appeal Centre (CIT(A)), concerning the claim of tax relief paid in the Republic of Korea. This judgment follows a similar decision in the Sonakshi Sinha case.

Invocation of deeming provisions of section 50C without referring to Departmental Valuation Officer is unjustified

June 5, 2023 1011 Views 0 comment Print

ITAT Kolkata held that invoking deeming provisions under section 50C and adopting value of property as per Stamp Valuation authority without referring the matter to Departmental Valuation Officer unsustainable. Accordingly, matter restored to jurisdictional Assessing Officer.

Addition u/s 68 unwarranted on failed of AO to conduct an independent enquiry

June 1, 2023 2640 Views 0 comment Print

ITAT Kolkata held that addition u/s 68 unwarranted as AO failed to conduct an independent enquiry post submission of documents by the assessee relating to identity, genuineness of the transaction, and credit-worthiness of the subscribers.

ITAT disallows expense of Property Not Used for Business Purpose

June 1, 2023 252 Views 0 comment Print

ITAT disallowed the expenses claimed by by stating that a property not used for business purposes cannot be treated as a business asset. The property in question was sold and a new property was purchased using the proceeds. The expenses incurred on the new property, including watch & ward expenses and electricity expenses, were disallowed as the property was not shown as a business asset and depreciation was not claimed.

ITAT Deletes Addition of Cash Deposit during Demonetization as Source submitted

May 30, 2023 306 Views 0 comment Print

ITAT Kolkata ruled in Mahendra Kumar Parakh vs. ITO that cash deposit during demonetization was from past savings, directing AO to delete the addition of Rs. 2,50,000.

Initiation of reassessment in the name of non-existent amalgamated company is without jurisdiction

May 27, 2023 471 Views 0 comment Print

ITAT Kolkata held that reassessment proceeding initiated in the name of non­existent amalgamated company is without jurisdiction, void ab initio and is liable to be annulled.

ITAT upheld Disallowance by CPC for delayed deposit of employees’ contribution to PF/ESI

May 24, 2023 8277 Views 0 comment Print

Disallowance made by CPC on account of delayed deposit of employees’ contribution to PF/ESI u/s 36(1)(va) rws 2(24)(x) of Act u/s 143(1) of Act is correct.-ITAT Kolkata

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