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ITAT Kolkata

Two Fatal Defects: Invalid Scrutiny Notice & No Jurisdiction with NFAC – ITAT Quashes Assessment

August 31, 2025 1338 Views 0 comment Print

ITAT Kolkata quashed an assessment for a society due to two fatal legal flaws: an invalid scrutiny notice and National Faceless Assessment Centre’s lack of jurisdiction to issue a notice before a specific date.

ITAT Kolkata Deletes Double Addition, Adhoc Disallowance & Notional Interest  

August 31, 2025 678 Views 0 comment Print

The ITAT Kolkata deleted a double addition of Rs. 3.43 Cr, an ad-hoc expense disallowance, and a notional interest addition, finding the additions to be without legal basis.

Section 271AAB Penalty not Applicable if no Search Conducted on Assesse

August 31, 2025 492 Views 0 comment Print

ITAT Kolkata rules that a penalty under Section 271AAB cannot be levied if no search has been initiated on the assessee, even if a statement is made under Section 131.

Identity & Creditworthiness Proved; ITAT confirms deletion of Rs. 20.25 Cr Loan addition

August 30, 2025 615 Views 0 comment Print

The ITAT Kolkata upheld the deletion of a Rs. 20.25 Cr addition, confirming that unsecured loans received through banking channels were genuine after the lenders’ identities and creditworthiness were verified through their completed assessments.

Scrutiny Notice Not in CBDT Format – Assessment Declared Void Ab Initio

August 30, 2025 1560 Views 0 comment Print

The ITAT Kolkata quashed an assessment, ruling it was invalid because the scrutiny notice issued under Section 143(2) did not follow the format prescribed by the CBDT.

ITAT Kolkata Quashes Reopening as Time-Barred – Notice u/s 148 Issued Beyond Limitation

August 30, 2025 711 Views 0 comment Print

The ITAT Kolkata quashed a reassessment, ruling that the notice under Section 148 was issued beyond the permissible time limit, making the entire proceeding invalid.

Reopening under 147 invalid where recorded reason not pursued- ITAT Kolkata

August 30, 2025 1011 Views 0 comment Print

ITAT Kolkata ruled that a reassessment is invalid if the Assessing Officer fails to make an addition based on the original reason recorded for reopening the case.

Once 263 is dropped, 147 Is Dead – Kolkata ITAT Strikes Down Reassessment/Quashes Rs. 7.03 Cr Addition

August 30, 2025 552 Views 0 comment Print

The ITAT Kolkata has quashed a reassessment notice and a subsequent Rs. 7.03 Cr addition, ruling that once a Section 263 revision proceeding is dropped, a Section 147 reassessment on the same issue cannot be initiated.

Liability Written Back Already Taxed – Double Taxation Unsustainable – ITAT Kolkata Deletes 41(1) Addition

August 30, 2025 711 Views 0 comment Print

The ITAT Kolkata deleted an addition under Section 41(1) of the Income Tax Act, ruling that a written-back liability already taxed cannot be subjected to double taxation.

Old vs New Regime Dispute Ends – CBDT Circular & CPC Rectification Resolve 115BAA Claim

August 30, 2025 1218 Views 0 comment Print

The ITAT Kolkata dismissed an appeal from Ma Shanti Agro Foods Pvt. Ltd. after the tax dispute was resolved by the CBDT’s circular and a subsequent rectification by the CPC.

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