ITAT Kolkata ruled that belated filing of Form 10B is only a technical defect and cannot justify denial of charitable exemption. The Tribunal restored Section 11 benefits after confirming compliance in substance.
Tribunal observed failure to produce books of accounts and remitted matter to AO, emphasizing proper compliance and opportunity to present evidence.
The Tribunal condoned a 294-day delay and remanded the case to the Assessing Officer for AY 2017-18. Cash deposits of ₹49,80,700/- were initially treated as unexplained income under section 68. The ruling allows the assessee one more opportunity to present evidence, emphasizing procedural fairness.
ITAT held that late filing of Form 10B cannot automatically deny exemption when the delay is bona fide and curable. The matter was remanded for fresh examination after recognising that Form 10B is a procedural requirement.
ITAT confirmed Section 263 revision after finding that the AO wrongly allowed delayed PF/ESI contributions despite binding Supreme Court law. The reassessment was deemed erroneous and prejudicial to Revenue.
ITAT Kolkata held that an employee cannot be denied TDS credit if the employer fails to deposit deducted tax. Once TDS is deducted from salary, it is deemed paid, and the employee’s liability does not arise. The Tribunal directed full TDS credit and deletion of the demand.
The ITAT ruled that payments for typing and DTP services fall under Section 194C, not 194J, and correctly attract 2% TDS. As a result, the addition made under Section 40(a)(ia) was deleted.
The Tribunal held the reassessment invalid since notices and the final order were issued in the name of a dead assessee despite the Department being informed. Key takeaway: assessments against deceased persons are void ab initio.
The Tribunal held that purchase from a State Government entity cannot be undervalued, deleting Rs. 6.59 crore addition under Section 56(2)(x).
ITAT held that managing multiple bank accounts justified salary expenses claimed under Section 57(iii). The ruling restores full deduction and reinforces that recurring administrative costs can be allowable against interest income.
