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ITAT Kolkata

ITAT Allows Sikkimese Exemption Despite Wrong PAN

August 20, 2025 435 Views 0 comment Print

ITAT Kolkata has allowed a Sikkimese proprietor to claim a tax exemption u/s 10(26AAA) despite using a wrong PAN. The tribunal cited a Supreme Court judgment.

Matter of unexplained deposit remanded as assessee failed to represent before AO and CIT(A)

August 18, 2025 444 Views 0 comment Print

The Ld. AR requested that the matter may be remitted to the Ld. AO while the Ld. DR supported the order of the Ld. CIT(A). After considering the facts of the case, we deem it appropriate in the interest of justice and fair play that another opportunity needs to be provided to the assessee to represent her case properly before the Ld.

ITAT Kolkata Quashes ITO’s 148 Notice for Ignoring CBDT Pecuniary Limits

August 12, 2025 1122 Views 0 comment Print

ITAT Kolkata nullified a reassessment order, ruling that ITO lacked pecuniary jurisdiction to issue a Section 148 notice for a non-corporate assessee with an income over specified limit.

ITAT Kolkata Quashes Section 143(1)(a) Addition Made Without SCN

August 10, 2025 945 Views 0 comment Print

The ITAT Kolkata has ruled that a ₹4.20 crore addition made under Section 143(1) is invalid because the tax authorities failed to issue a prior show cause notice.

Addition for bogus purchases invalid if books not rejected & sales accepted

August 8, 2025 6213 Views 0 comment Print

Kolkata ITAT rules Assessing Officer cannot add income for bogus purchases without rejecting books of account or disputing reported sales, ensuring legal sustainability.

Disallowance Under Rule 8D Valid When No satisfactory explanation given

August 6, 2025 447 Views 0 comment Print

The Kolkata ITAT upheld a Section 14A disallowance, stating there was no breach of natural justice when the AO invoked Rule 8D(2)(iii) after the assessee’s reply was considered.

Ex-Parte Dismissal Set Aside: ITAT Kolkata Restores Appeal on Rs. 96.44 Lakh JDA Capital Gain Issue

August 6, 2025 420 Views 0 comment Print

Kolkata ITAT remands Kaushalya Devi’s capital gains tax appeal to CIT(A) for re-adjudication, citing natural justice after ex-parte dismissal over a land development agreement.

Delay in filing Form 67 cannot be sole reason for denial of Foreign Tax Credit

August 6, 2025 744 Views 0 comment Print

ITAT Kolkata held that Foreign Tax Credit cannot be denied for delayed filing of Form No. 67 since the provision of DTAA override the provision of Section 90 of the Act and also filing it is directory requirement and not mandatory requirement. Accordingly, appeal allowed.

Legal heir entitled to TDS credit on income assessed in her hands: ITAT Kolkata

August 6, 2025 1275 Views 0 comment Print

The ITAT Kolkata has ruled that a legal heir is entitled to claim TDS credit on a deceased person’s income, provided the heir has offered that income for taxation.

Loan Repayment Not Unexplained Cash Credit: ITAT Upholds Deletion of Addition

August 5, 2025 993 Views 0 comment Print

ITAT Kolkata confirms ₹31.15 lakh loan repayment is not unexplained cash credit, upholding deletion of addition for New Charan Kanwal Finance.

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