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ITAT Kolkata

Mechanical Reliance on Information: Section 148 notice invalid

June 15, 2024 645 Views 0 comment Print

ITAT Kolkata quashes notice under Section 148 as AO fails to verify credible information. Insightful analysis of R.S. Darshan Singh Motor Car Finance Pvt. Ltd. Vs ITO.

ITAT deletes addition for share capital and share premium of Rs. 1.26 Crore 

June 15, 2024 291 Views 0 comment Print

In the case of Wellman Logistics Pvt. Ltd Vs ACIT, ITAT Kolkata deletes income tax addition u/s 68, proving creditworthiness of share subscribers and genuineness of transactions with supported documents.

Section 80M deduction allowed for dividend ‘distributed’ on or before due date

June 9, 2024 537 Views 0 comment Print

In Purnasons Pvt. Ltd vs. ITO, ITAT Kolkata rules on the allowance of deductions under Section 80M of the Income Tax Act when dividends are distributed within the due date.

ITAT Kolkata allows Section 80M deduction for ‘Dividend Distributed’ before Income Tax Return filing due date

June 4, 2024 405 Views 0 comment Print

Read the detailed analysis of Kolkata ITAT’s ruling allowing deduction under Section 80M of the Income Tax Act for dividends distributed by Purnasons Pvt Ltd vs ITO.

No Disallowance on Debatable Environmental Compensation in section 143(1) proceeding

June 4, 2024 141 Views 0 comment Print

Learn about the Kolkata ITAT ruling on compensatory vs. penal nature of environmental compensation payments in Majhaulia Sugar Industries Pvt. Ltd. vs. ITO case.

No Section 68 addition for share capital & premium if identity & creditworthiness of subscriber proved

June 4, 2024 297 Views 0 comment Print

Kolkata ITAT rules in favor of Dream Valley Barter Pvt. Ltd., stating no addition under Section 68 for share premium if taxpayer proves identity and creditworthiness.

ITAT Upholds Section 68 Addition for unexplained share capital & premium

June 4, 2024 246 Views 0 comment Print

Kolkata ITAT justifies addition u/s 68 in ITO Vs Mangalvani Commercial Pvt. Ltd. for unexplained share capital & premium. Detailed analysis of the case provided.

TDS on Foreign Payments & Liquidated Damages as Capital Receipts

June 4, 2024 756 Views 0 comment Print

ITAT Kolkata ruled that TDS under section 195 is not required for foreign commission payments and liquidated damages are capital receipts, not taxable income.

ITAT Upholds Share Premium Addition: Assessee Fails to Explain Transactions

May 31, 2024 267 Views 0 comment Print

Read the detailed analysis of ITAT Kolkata’s dismissal of Ideal Vyapaar Pvt Ltd appeal under section 68 of the Income Tax Act due to absence of explanation for transactions.

Interest expense cannot be disallowed for not reflecting in Form 26AS

May 31, 2024 429 Views 0 comment Print

In Bal Krishan Das Mundhra Vs ITO case, ITAT Kolkata permits deduction of Rs. 34.2 lakhs under section 57 of Income Tax Act as taxpayer consistently follows mercantile system.

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