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ITAT Kolkata

CBDT’s Enhanced ₹60 Lakh Limit Leads to Dismissal of Revenue Appeal: ITAT Kolkata

October 30, 2025 840 Views 0 comment Print

The ITAT Kolkata dismissed the Revenue’s appeal against Mangalvani Exports Pvt. Ltd. for AY 2019-20 because the tax effect was below the CBDT’s ₹60 lakh monetary limit.

ITAT Kolkata Remands 80G Approval Case After CBDT Extends Filing Deadline

October 30, 2025 531 Views 0 comment Print

Tribunal sent back case to CIT(Exemption) after noting that assessee’s Form 10AB was filed before CBDT Circular No. 7/2024, which extended due date to 30 June 2024. The matter will be reconsidered afresh in view of updated circular.

Own Funds vs Borrowed Funds: ITAT Remands 14A Case for De Novo Review

October 26, 2025 543 Views 0 comment Print

The Kolkata Income Tax Appellate Tribunal (ITAT) remanded the Section 14A disallowance made on Srivaru Agro Pvt. Ltd. The Tribunal directed the Commissioner of Income Tax (Appeals {CIT (A))to verify the availability of the company’s own interest-free funds vis-à-vis investments and the reasonableness of administrative expenses, relying on the Supreme Court’s ruling in South Indian Bank Ltd.

ITAT Kolkata Remands PF/ESI Disallowance for Verification of Salary Payment Dates

October 26, 2025 516 Views 0 comment Print

This case addresses the disallowance of employees’ PF and ESI contributions deposited after the due dates specified in the respective Acts, following the Supreme Court’s Checkmate Services decision. The ITAT required a fresh verification to allow the deduction if the payments were made within 15 days of the actual salary disbursement.

ITAT Kolkata: TDS Disallowance Remanded, Intermediary Payments to Be Examined

October 26, 2025 252 Views 0 comment Print

The ITAT Kolkata set aside the CIT(A)’s order concerning a large disallowance under Section 40(a)(ia) for non-deduction of TDS on advertising payments. The Tribunal remanded the matter, granting the agency a fresh opportunity to rely on CBDT Circulars that clarify the TDS obligations of intermediaries paying media houses.

Transfer Pricing adjustment of advertisement, marketing and promotion deleted as not an international transaction

October 24, 2025 513 Views 0 comment Print

ITAT Kolkata held that the advertisement, marketing and promotion expenses [AMP Expense] not an international transaction and accordingly, the TP adjustment made by Transfer Pricing Officer/ AO is to be deleted. Accordingly, appeal allowed to that extent.

“Dumb Documents” Seized from Third Party Cannot Justify Income Addition

October 24, 2025 1050 Views 0 comment Print

The Tribunal followed the Supreme Court’s V.C. Shukla principle, reaffirming that loose papers seized from third parties are without evidentiary value unless properly linked to the assessee through verified facts. ITAT, therefore, quashed both the 69A addition and the underlying 147 reopening as being based on mere surmises and conjectures.

ITAT Kolkata Quashes Reassessment Notice Against Deceased Assessee  

October 22, 2025 585 Views 0 comment Print

ITAT Kolkata ruled that a Section 148 reassessment notice issued to Sulochana Devi Bagaria, who had died before the notice date, was bad in law.

ITAT Dismisses Revenue Appeal Under ₹60 Lakh Tax Effect, Citing CBDT Circular

October 22, 2025 2706 Views 0 comment Print

Income Tax Appellate Tribunal (ITAT), Kolkata Bench, dismissed an appeal filed by the Income Tax Officer (ITO) against Rashi Impex Pvt. Ltd. for Assessment Year 2010-11.

ITAT Restores Rs. 1.86 Cr Addition for Fresh Review, Citing CIT(A)’s Unreasoned Order

October 22, 2025 534 Views 0 comment Print

ITAT Kolkata sets aside ₹1.86 Cr tax addition, ruling that CIT(A) must pass a reasoned order on merits and cannot merely uphold the AO’s view or dismiss an appeal for non-compliance.

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