The Income Tax Appellate Tribunal (ITAT) Kolkata dismisses the revenue appeal against Uniglobal Papers Pvt. Ltd affirming that additions to a completed assessment cannot be made without incriminating evidence found during a search. The decision relies on the Supreme Court precedent in CIT v. Abhiser Buildwell (P) Ltd.
The ITAT Kolkata has set aside an ex parte order against Anup Nayak in a TDS non-deduction case, remanding it to the CIT(A) for re-adjudication.
The ITAT Kolkata has condoned a 265-day delay and restored a company’s quantum and penalty appeals, directing the assessee to pay a Rs.25,000 cost for non-cooperation.
ITAT Kolkata ruled that a deduction u/s 80P cannot be denied for a belated return in AY 2019-20, as the power to do so was only added from AY 2021-22.
The ITAT Kolkata has dismissed the Bhaba vs CIT appeal concerning Section 12A registration. The appeal was ruled infructuous after the CIT granted the registration.
Kolkata ITAT remands Asiatic Industries’ appeal against Rs. 8.79 lakh bogus purchase addition for AY 2011-12, directing re-adjudication and supplier production.
ITAT Kolkata held that huge delay of 388 days on the reason that delay occurred due to death of its Chartered Accountant is not cogent and not acceptable. Thus, condonation denied since sufficient reason to condone delay not explained.
Kolkata ITAT has ruled that an unsigned assessment order is invalid, even if electronically authenticated. ITAT emphasized that signing and authentication are distinct legal requirements.
The ITAT Kolkata deleted a penalty under Section 271(1)(c), finding that an assessee’s retracted admission during a search was not supported by incriminating material.
ITAT Kolkata rules the Finance Act 2022 amendment to Section 14A is prospective. Disallowance for expenses related to exempt income is limited to investments that yield dividends for Assessment Year 2017-18.
