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ITAT Kolkata

Apparent Mistake vs. Debatable Issue – ITAT Protects Assessee from Unwarranted 154 Action

September 17, 2025 579 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Kolkata allowed QLAR India Pvt. Ltd.’s appeal, ruling that the Assessing Officer’s disallowance of warranty provisions through rectification proceedings under Section 154 was invalid

ITAT Kolkata Deletes ₹4.46 Cr Addition on Share Capital & Premium

September 17, 2025 210 Views 0 comment Print

ITAT Kolkata deletes tax additions on share capital and premium. The tribunal rules the company proved the genuineness and source of funds from a group company.

Assessment Quashed for Non-issuance of 143(2) Notice on Return Filed u/s 148

September 17, 2025 645 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Kolkata ruled that an assessment framed by the AO without a mandatory Section 143(2) notice is invalid.

Appeal Can’t Be Dismissed Mechanically u/s 249(4)(b) – ITAT Grants Assessee Fresh Opportunity

September 17, 2025 300 Views 0 comment Print

The ITAT Kolkata bench restored an appeal, ruling that an appeal cannot be mechanically dismissed under Section 249(4)(b) and that natural justice demands a fair hearing.

ITAT Protects Assessee from Erroneous Double Taxation Due to Audit Report Error

September 17, 2025 276 Views 0 comment Print

ITAT Kolkata ruled that the assessee’s double addition in the tax audit was a genuine error, dismissing Revenue’s appeal for AY 2021-22.

ITAT Kolkata Quashes Section 271(1)(c) Penalty on One-Time Settlement

September 15, 2025 771 Views 0 comment Print

The ITAT Kolkata quashed a penalty on a taxpayer, ruling that a one-time settlement from an employer was a capital receipt. The court held that no concealment of income occurred as the amount was disclosed in the tax return.

ITAT Kolkata Deletes ₹1.59 Crore Bogus Sales/Paper Trading Addition

September 15, 2025 921 Views 0 comment Print

The ITAT Kolkata dismisses the Revenue’s appeal, ruling that a ₹1.59 crore addition for alleged bogus sales was unfounded, as the company provided substantial evidence including e-way bills and bank statements.

ITAT Kolkata Deletes GP Addition, Rules AO Cannot Enhance Without Rejecting Books

September 15, 2025 927 Views 0 comment Print

The ITAT dismisses a tax addition on Hitesh Trading Company, finding the Assessing Officer’s estimation of a higher gross profit was arbitrary and lacked legal justification.

ITAT Deletes ₹3.80 Lakh Leave Encashment Addition, Rules CPC Lacked Jurisdiction

September 15, 2025 666 Views 0 comment Print

ITAT deleted an addition of ₹3.80 lakh made towards leave encashment under Section 43B, ruling that the Commissioner of Principal Commissioner (CPC) had no jurisdiction to make the addition.

Payment Gateway Fees Not Taxable as Royalty in India: ITAT Kolkata

September 13, 2025 552 Views 0 comment Print

Flywire Payments Corporation wins ITAT Kolkata appeal; payments from Muthoot Forex not considered royalty. Tribunal directs verification of US tax returns.

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