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