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ITAT Kolkata

Addition u/s. 68 deleted as identity and creditworthiness of share capital investor established

January 22, 2025 294 Views 0 comment Print

ITAT Kolkata held that CIT(A) rightly deleted addition under section 68 of the Income Tax Act since identity and creditworthiness of share purchased duly explained. Accordingly, appeal of revenue dismissed.

Surcharge not leviable when income is less than Rs. 50 Lakhs: ITAT Kolkata

January 22, 2025 219 Views 0 comment Print

ITAT Kolkata held that the surcharge is leviable only when the amount of income tax is computed where the total income exceeds Rs.50 lakhs. Here, surcharge is not leviable since income is less than Rs. 50 Lakhs. Accordingly, appeal allowed.

Undisclosed 0.15% Commission on Accommodation Entries Added: ITAT Kolkata

January 22, 2025 135 Views 0 comment Print

ITAT Kolkata held that undisclosed commission income on accommodation entries to be added @0.15% instead of 1%. Accordingly, AO directed to compute the rate the commission @0.15% and not 1%.

Addition due to assessee’s failure to provide documents: ITAT Remands case

January 22, 2025 747 Views 0 comment Print

ITAT Kolkata remands Germinda Pvt. Ltd.’s 2012-13 case to AO for reassessment, citing lack of opportunity for the assessee to present evidence.

ITAT Kolkata Dismisses Revenue Appeal Due to tax effect below threshold for filing

January 22, 2025 333 Views 0 comment Print

ITAT Kolkata dismisses Revenue’s appeal as the tax effect is below the prescribed threshold limit under CBDT Circular 9/2024.

ITAT Kolkata Condones Delay in Filing Form 10B Due to Technical Issues

January 22, 2025 444 Views 0 comment Print

Kaydee Foundation Vs ITO (ITAT Kolkata) Form 10B as a procedural requirement, liable to condonation in certain circumstances where delays were due to inadvertent errors or technical issues.

Section 68 Addition set aside as identity & creditworthiness of investors established: ITAT Kolkata

January 21, 2025 282 Views 0 comment Print

ITAT Kolkata held that addition under section 68 of the Income Tax Act rightly deleted by CIT(A) since assessee duly established identity and creditworthiness of the investors and genuineness of the transactions.

Deduction u/s 80IA Allowed despite Late Filing of Form 10CCB as It was Directory, Not Mandatory

January 21, 2025 375 Views 0 comment Print

Filing of Form 10CCB required for claiming deductions under Section 80IA before the due date for filing of return of income u/s 139(1) was only directory and not mandatory for the year under consideration.

Notice issued u/s 148 was invalid due to non-compliance of section 151

January 21, 2025 207 Views 0 comment Print

Assessee, aggrieved by the decision, appealed to the CIT (Appeals), who dismissed the appeal and upheld the decision of AO. Assessee dissatisfied with the order of CIT(A) appealed before Tribunal.

CIT(A) Should Adjudicate Grounds Raised in Ex-Parte Order: ITAT Kolkata

January 20, 2025 546 Views 0 comment Print

ITAT Kolkata addresses procedural lapses in Suryadeo Prasad Vs. ITO, highlighting the need for a speaking order and adherence to Section 250(6) of the Income Tax Act.

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