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ITAT Kolkata

Addition towards unexplained cash deposits deleted as it is part of business turnover

January 20, 2025 435 Views 0 comment Print

ITAT Kolkata held that addition under section 69A of the Income Tax Act towards unexplained cash deposits rightly deleted since it is already part of the turnover of the business. Accordingly, appeal of revenue dismissed.

ITAT Upholds disallowance of excessive loss claimed but Deletes Penalty

January 18, 2025 162 Views 0 comment Print

ITAT Kolkata upholds disallowance of short-term capital loss adjustment for previous AY but deletes penalty due to lack of evidence of intentional wrongdoing.

Cash Deposit from Fruit & Vegetable Sale Commission Not Income: ITAT Kolkata

January 17, 2025 702 Views 0 comment Print

Sujit Biswas Vs ITO (ITAT Kolkata) The assessee is a proprietor of Baba Lokenath Sahal Sabji Bhandar and total turnover disclosed by the assessee during the instant financial year were ₹32,00,500/- against the purchases of ₹15,52,770/-. Assessee filed his return at total income at ₹2,92,240/-. The assessee engaged in the business of purchase and sale […]

Non-Consideration of Submissions: ITAT deletes Rs. 52.25 Lakh Addition

January 16, 2025 399 Views 0 comment Print

ITAT Kolkata deletes Rs.52.25 lakh addition under Section 69A for unaccounted fees. Evidence proved the amount was properly accounted for in the trust’s records.

No notice was served before making adjustment to returned income: ITAT remanded the matter to AO

January 15, 2025 366 Views 0 comment Print

It was argued on behalf of the assessee that the action of AO amounts to a double addition as the claiming of Capital Gains was accurately tendered in the Return of Income.

Assessment was completed without examination of books of account: ITAT remands back the matter

January 14, 2025 189 Views 0 comment Print

Reliance was placed on decision of the Hon’ble Delhi High Court in the case of CIT vs. Ritu Anurag Agarwal reported in ITA No. 325/2008 and it was argued that no addition u/s 68 could be made on account of trade creditors when the books of accounts have not been rejected.

ITAT Kolkata Remands Case on Unexplained Income for Fresh Adjudication

January 11, 2025 330 Views 0 comment Print

ITAT Kolkata remands unexplained income case involving a mother-son transaction back to CIT(A) for fresh adjudication, citing incomplete compliance and evidentiary gaps.

ITAT deletes Addition, Applying retrospective Section 56(2)(x)(b) 10% Safe Harbour Limit

January 11, 2025 708 Views 0 comment Print

ITAT Kolkata deletes ₹19.6 lakh addition for AY 2018-19, citing the retrospective application of the 10% safe harbour limit as a curative amendment under the Income Tax Act.

No denial of FTC claim due to procedural delay in filing Form 67

December 31, 2024 723 Views 0 comment Print

Although Rule 128(9) requires Form 67, assessee’s compliance within this rule during the rectification stage demonstrated a good faith or effort to fulfil procedural requirement.

Addition u/s. 68 not sustained since genuineness of share capital transaction established: ITAT Kolkata

December 30, 2024 150 Views 0 comment Print

ITAT Kolkata held that addition under section 68 of the Income Tax Act as unexplained cash credit not sustainable since identity, creditworthiness and genuineness of the transaction relating to the share capital sufficiently established.

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