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ITAT Kolkata

Sale of software not taxable in terms of India-Ireland DTAA

February 16, 2023 804 Views 0 comment Print

ITAT Kolkata held that sale of software is transfer of ‘copyrighted article’ and not transfer of any ‘copyright’ and hence cannot be characterized as ‘Royalty’. Hence, the same is not taxable in terms of India-Ireland DTAA.

ITAT upheld Share Premium addition – 95% of such appeals are filed by Shell Companies

February 15, 2023 948 Views 0 comment Print

Arham Packaging Goods Pvt. Vs I.T.O. (ITAT Kolkata) Normally, we do not hesitate in adjourning the matters on the request of assessees but we find that it is a case of share application and share premium. There are large number of appeals pending on this issue before the Tribunal and out of them, 95% are […]

Reduction of adhoc disallowance of miscellaneous expense from 15% to 5% justified

January 31, 2023 705 Views 0 comment Print

ITAT Kolkata held that reduction of adhoc disallowance of miscellaneous expenditure from 15% to 5% justified as 1st Appellate Authority has exercised discretion in working out the adhoc disallowance.

Appeal cannot be Condoned after 4 years if delay not explained by assessee

January 29, 2023 1392 Views 0 comment Print

Hrishikesh Mega Township (P) Limited Vs Income Tax Officer (ITAT  Kolkata) In this case satisfied that the assessee has nothing to say in support of its alleged bogus share capital claim. Apart from the above, we also notice that impugned order was passed in 2016 by the ld. 1st Appellate Authority, whereas appeal has been […]

Interest on housing loan for Construction of Rented House allowable under section 24(b)

January 27, 2023 1908 Views 0 comment Print

ITAT Kolkata ruling on Anushree Agarwal vs ACIT case. Analysis of disallowed interest and additions. Get insights into the key decisions and conclusions.

Section 40A(3) not applicable if single transaction not exceeds threshold limit

January 18, 2023 1218 Views 0 comment Print

ACIT Vs Cellbiz Services (ITAT Kolkata) CIT(A) has categorically mentioned that the cash book, purchase register and all individual invoices where cash transaction had taken place have been thoroughly checked and it is found that not a single such transaction actually exceeded the threshold limit of Rs.20,000/-. In view of the aforesaid factual finding given […]

AO must give TDS credit on furnishing of TDS certificate by Assessee despite mismatch with NSDL data

January 15, 2023 3075 Views 0 comment Print

Machine Tools India Ltd. Vs ACIT (ITAT Kolkata) CBDT has issued instruction from time to time to the AO’s qua the manner of processing the return and giving TDS credit. Delhi High Court in the case of Own Motion and Ors. Vs. CIT & Ors. In [2013] 352 ITR 273 (Delhi) issued seven mandamuses for […]

Disclosure of undisclosed income can be further added as undisclosed stock

January 13, 2023 1572 Views 0 comment Print

ITAT Kolkata held that disclosure of undisclosed income under IDS, 2016 on which taxes are duly paid cannot be further added as undisclosed stock. Claim of set off of undisclosed income duly available against the undisclosed stock surrendered during the course of survey.

ITAT deletes section 271DA penalty as cash deposit was by a party from remote location

January 13, 2023 3015 Views 0 comment Print

Assessee demonstrated that cash deposit in its bank account by a party in the state of Assam is against its sales realisation and is duly accounted in its books of account and offered for taxation.

Revisional Jurisdiction cannot be invoked merely for mismatch of truck number

January 12, 2023 558 Views 0 comment Print

PCIT wrongly proceeded to set aside assessment order due to mismatch of truck number in two invoices, which was visibly a clerical mistake.

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