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ITAT Kolkata

No Additions in Completed Assessments u/s 153A Without Incriminating Material: ITAT Kolkata

January 23, 2025 261 Views 0 comment Print

ITAT Kolkata rules that no additions can be made in completed assessments under section 153A without incriminating material seized during the search.

Assessee could not apply under rule 46A- ITAT remands matter back to Addl./Jt. CIT(A)

January 23, 2025 252 Views 0 comment Print

In the abovementioned matter ITAT remanded the matter to AO after observing that assessee failed to apply under rule 46 A (Additional Evidence) of the IT Rules.

Section 41(1): ITAT deletes addition as Assessee submit evidence of non-Cessation Liabilities

January 23, 2025 537 Views 0 comment Print

ITAT Kolkata upholds CIT(A)’s decision to delete ₹3.92 crore additions under Section 41(1), ruling no cessation of liabilities in AY 2014–15 for Shreekrishan Goswami.

ITAT Remands Case to AO for Reconsideration After Assessing Assessee’s Personal Issues

January 23, 2025 222 Views 0 comment Print

ITAT Kolkata remands case of Prakash Bhalotia to AO for fresh order, citing lack of opportunity to present evidence in AY 2017–18 case of unexplained cash deposits.

ITAT Kolkata Dismisses Penalty Appeal as Withdrawn Under Vivad Se Vishwas

January 23, 2025 249 Views 0 comment Print

Raj Kumar Agarwal HUF’s appeal against penalty under Section 271(1)(c) dismissed as withdrawn under the Vivad Se Vishwas Scheme, 2024.

Addition u/s. 68 deleted as identity and creditworthiness of share capital investor established

January 22, 2025 345 Views 0 comment Print

ITAT Kolkata held that CIT(A) rightly deleted addition under section 68 of the Income Tax Act since identity and creditworthiness of share purchased duly explained. Accordingly, appeal of revenue dismissed.

Surcharge not leviable when income is less than Rs. 50 Lakhs: ITAT Kolkata

January 22, 2025 327 Views 0 comment Print

ITAT Kolkata held that the surcharge is leviable only when the amount of income tax is computed where the total income exceeds Rs.50 lakhs. Here, surcharge is not leviable since income is less than Rs. 50 Lakhs. Accordingly, appeal allowed.

Undisclosed 0.15% Commission on Accommodation Entries Added: ITAT Kolkata

January 22, 2025 249 Views 0 comment Print

ITAT Kolkata held that undisclosed commission income on accommodation entries to be added @0.15% instead of 1%. Accordingly, AO directed to compute the rate the commission @0.15% and not 1%.

Addition due to assessee’s failure to provide documents: ITAT Remands case

January 22, 2025 783 Views 0 comment Print

ITAT Kolkata remands Germinda Pvt. Ltd.’s 2012-13 case to AO for reassessment, citing lack of opportunity for the assessee to present evidence.

ITAT Kolkata Dismisses Revenue Appeal Due to tax effect below threshold for filing

January 22, 2025 351 Views 0 comment Print

ITAT Kolkata dismisses Revenue’s appeal as the tax effect is below the prescribed threshold limit under CBDT Circular 9/2024.

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