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ITAT Kolkata

Defect Rectified Under Section 139(9) Validates Original Return from its filing date

September 29, 2023 3561 Views 0 comment Print

ITAT Kolkata held that when original return filed was defective and such defect is removed u/s. 139(9) of the Income Tax Act, the return filed u/s. 139(1) becomes a valid return from the date when it was originally filed. Accordingly, set off business income with carry forwarded business loss allowed.

Revisionary jurisdiction u/s. 263 not invocable as AO took plausible view

September 22, 2023 420 Views 0 comment Print

ITAT Kolkata held that PCIT cannot exercise the revisionary jurisdiction to set aside the assessment where the AO has conducted enquiries and taken a plausible view accepting the contentions of the assessee.

ITAT Grants 30% Depreciation on Philips India’s Business-Owned Moulds

September 21, 2023 915 Views 2 comments Print

Read the full text of the ITAT Kolkata order in the case of Philips India Limited vs. ACIT regarding the grant of 30% depreciation on business-owned moulds.

Transferee Company eligible to take credit of TDS Deducted in Transferor Company’s Hands Upon HC’s Amalgamation Scheme Approval

September 21, 2023 7077 Views 0 comment Print

Read about the ITAT Kolkata case of Popular Complex Advisory Pvt. Ltd. vs. ITO involving TDS credit in amalgamation schemes approved by HC.

Section 68 Inapplicable if no Cash Transactions & no sum of money credited in books 

September 21, 2023 1296 Views 0 comment Print

Learn about the addition under Section 68 of the Income Tax Act and the importance of explaining identity, creditworthiness, and transaction genuineness in the case of ITO vs. Natraj Mercantile Pvt Ltd.

Interest paid on delayed deposit of income tax not allowable as expenditure

September 16, 2023 1524 Views 0 comment Print

ITAT Kolkata held that interest payment on delayed deposit of income tax, whether TDS or otherwise is not an allowable expenditure.

Royalty not embedded in import price paid to AE hence adjustment unsustainable

September 12, 2023 720 Views 0 comment Print

ITAT Kolkata held that TPO failed to demonstrate that royalty payment by assessee to Associated Enterprises (AEs) is embedded in the process of the imported goods. Accordingly, upward adjustment thereon unsustainable.

Distress Sale of Land: ITAT deletes Section 50C addition

September 12, 2023 2706 Views 0 comment Print

ITAT Kolkata rules in favor of Southern Road Carriers Ltd, stating the Assessing Officer was not justified in making tax additions based on stamp duty value. Get the full case analysis.

ITAT allows expenditure incurred on amenities provided to tenants against house property income

September 11, 2023 900 Views 0 comment Print

Analysis of ITAT Kolkata’s landmark decision in Bagaria More Co. Ltd. vs ADIT, focusing on the treatment of the cost of amenities provided to tenants under Income from House Property.

ITAT allows Additional Depreciation Allowed on Captive Power Plant Equipment

September 11, 2023 660 Views 0 comment Print

ITAT Kolkata’s ruling on additional depreciation under Section 32(1)(iia) of Income Tax Act on Captive Power Plant Equipment in DCIT Vs Tirupati Sugars.

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