ITAT Kolkata held that issuance of reassessment notice under section 148 of the Income Tax Act expiry of specified period of limitation is time barred and hence invalid and bad-in-law. Accordingly, appeal of assessee is allowed and notice is quashed.
ITAT Kolkata held that passing of reassessment order without issuing any notice under section 143(2) of the Income Tax Act is bad in law and not jurisdictional. Accordingly, order quashed and addition is deleted.
ITAT Kolkata held that mere non-filing of income tax returns by suppliers or non-response to notices cannot make an assessee’s expenses bogus. Proper verification of invoices, ledgers, payments, and work done is mandatory before disallowing purchases or subcontract expenses.
The ITAT remanded the assessment for an individuals commission income, ruling that the Assessing Officer (AO) must first verify if the income was already offered to tax by the company of which the assessee was a Director. The key takeaway is the prohibition of double taxation on the same income, directing the AO to delete the addition if the company has paid the tax.
This ruling addresses a massive tax demand raised by CPC under Section 143(1) based solely on a clerical error in the original Form 3CD. The ITAT set aside the orders, holding that natural justice mandates the assessee be heard and the correct audit report considered before imposing such a significant liability.
Kolkata ITAT ruled in DCIT vs. Jupiter International that a ₹6.7 crore addition in an unabated tax year was illegal. Jurisdiction under Section 153A fails without seized, incriminating material, per SC precedent.
ITAT Kolkata held that penalty paid to private entities/ third parties towards breach of contract is the usual course of business and doesn’t involve payment of penalty for infraction of any law hence disallowance made under Explanation to Section 37(1) of the Income Tax Act is unwarranted.
Relying on the jurisdictional High Court precedent, the Tribunal quashed the entire crore addition, holding that service of the notice beyond the statutory limitation date is a fatal flaw. The decision emphasizes that procedural compliance with the time limit is mandatory and cannot be waived.
The ITAT Kolkata confirmed the deletion of a ₹4.04 Cr addition under Section 68 against Eskag Sanjeevani, ruling that documented unsecured loans received and fully repaid through banking channels cannot be deemed bogus.
Invalid 143(2) notice format kills assessment. Kolkata ITAT quashes s.143(3) assessment (Pankhuri Mishra Vs ITO) as notice didn’t specify scrutiny type (limited/complete) per CBDT mandate.
