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ITAT Kolkata

ITAT quashes rectification order & demand; Says assessee seems to be a victim of official apathy

January 3, 2023 393 Views 0 comment Print

Kkalpana Plastick Ltd Vs ITO (ITAT Kolkata) After hearing the rival contentions of the ld. representatives of the parties and going through the record, we are of the view that in this case, the assessee seems to be a victim of official apathy. The facts of the file reveal beyond doubt that the assessee filed […]

ITR forms are highly complicated & lacks interlinking & auto-correction

January 3, 2023 7950 Views 0 comment Print

ITR form furnished before us is highly complicated and since the different column of the ITR was not interlinked, therefore, there was no auto-correction and hence there was mismatch of figures in the relevant/corresponding columns of ITR.

Addition u/s 68 unsustainable regarding trading liabilities with availability of corresponding purchases

January 2, 2023 2973 Views 0 comment Print

ITAT Kolkata held that liabilities which are incurred as trading liabilities with corresponding purchases cannot be subject matter of addition under section 68 of the Income Tax Act.

Section 274 Show cause notice is defective if not specify charge against assessee

January 1, 2023 1704 Views 0 comment Print

Show cause notice issued u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealing particulars of income or furnishing inaccurate particulars of income, such show cause notice are defective.

Addition u/s 68 unsustainable as identity, creditworthiness and genuineness satisfied

December 30, 2022 876 Views 0 comment Print

ITAT Kolkata held that addition of unexplained cash credit u/s 68 of the Income Tax Act unsustainable as identity creditworthiness of the investors and genuineness of the transactions duly proved.

Delay interest not leviable as TDS deposited on time but bank failed to remit immediately to department

December 27, 2022 2568 Views 0 comment Print

ITAT Kolkata held that interest u/s 201(1A) of the Income Tax Act for late deposit of TDS amount is not leviable as TDS amount was duly deposited within the due date however, due to technical glitch the bank could not remit the amount immediately to the account of the department.

Rejection of deduction claimed u/s 80JJAA on mere technical defect is unsustainable

December 26, 2022 4515 Views 0 comment Print

ITAT Kolkata held that rejection of deduction claimed under section 80JJAA of the Income Tax Act on the basis of minor technical defect is unsustainable. Moreover, audit report has given complete clarity of the deduction.

Allowability of Interest expenses of Funds utilized for Investment in Subsidiary Company

December 25, 2022 879 Views 0 comment Print

ACIT Vs BIP Developers Pvt. Ltd (ITAT Kolkata) In the present case, the commercial expediency of the interest expenditure in question was duly established by the assessee and on appreciation of the relevant facts of the case of the assessee as well as keeping in view the decision of the Hon ’ble Supreme Court in […]

Section 54/54F exemption – Flat Booking Vs. Possession

December 25, 2022 5838 Views 0 comment Print

Pradeep Kumar Sonthalia Vs DCIT (ITAT Kolkata) The assessee has claimed exemption under section 54 and 54F of the Income Tax Act. Such exemption has been denied to the assessee by observing that it has booked the flat with the builder in earlier year but ultimately took the possession in subsequent years. Therefore, he failed […]

Disallowance u/s 40a(ia) unjustified if payee duly disclosed receipt in its return

December 24, 2022 6795 Views 1 comment Print

ITAT Kolkata held that disallowance under section 40a(ia) of the Income Tax Act for non-deduction of TDS untenable if payee has duly disclosed the receipt of the impugned payment in their return of income.

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