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ITAT Kolkata

Sales promotion expenses not allowable if no nexus with business 

August 29, 2022 2583 Views 0 comment Print

Prity Tubes Pvt. Ltd. Vs JCIT (ITAT Kolkata) Coming to the next issue of sales promotion and advertisement expenses, we note that despite several queries and opportunities made available by the authorities below, the assessee has not been able to establish the nexus between the expenses incurred and the business of the assessee. Assessee has […]

ITAT taxed cash deposit in Undisclosed bank account at presumptive tax @ 8%

August 27, 2022 2898 Views 0 comment Print

Ashim Kumar Mahanta Vs ITO (ITAT Kolkata) The undisputed fact is that in this case Rs.27,68,700/- has been found deposited in the joint account of assessee as well as his wife in the savings bank account of Axis Bank. When confronted by the AO after reopening the assessment, according to the assessee, this amount was […]

ITAT allows depreciation in respect of closed units or non-functional undertakings

August 20, 2022 2862 Views 0 comment Print

Once assets have been put to use, claim of depreciation allowance on said assets cannot be restricted. ITAT allows claim of depreciation in respect of closed units or non-functional undertakings

Initiation of revisionary proceeding without any enquiry/ verification is bad in law

August 20, 2022 606 Views 0 comment Print

Held that revisionary proceedings bad in law as initiated without conducting any enquiry or verification to establish that the assessment order is unsustainable

Management support service allowable as business expenditure

August 17, 2022 1503 Views 0 comment Print

Held that payment towards management support services is allowable as business expenditure as the same is paid for smooth and effective running of the business.

Income cannot be taxed merely based on TDS credit in Form 26AS

August 14, 2022 3624 Views 0 comment Print

ITAT not agreed with Conclusion that whatever income was shown in Form 26AS under assess’s PAN is his income

Assessee entitled to credit of TDS appearing in Form 26AS & such credit cannot be denied without opportunity of hearing to assessee

August 13, 2022 1248 Views 0 comment Print

Baid Trade Fina Pvt. Ltd. Vs ITO (ITAT Kolkata) Facts in brief are that the assessee filed its return of income on 26.09.2010 claiming TDS of Rs. 79,028/- as per Form 26AS, however in the intimation/order dated 25.04.2011 u/s 143(1) of the Act, the assessee was not granted the credit of TDS without assigning any […]

Order issued manually without DIN is invalid

August 4, 2022 6567 Views 1 comment Print

Held that impugned order without any DIN is in violation of CBDT circular no. 19/2019 dated 14.08.2019 and hence held as invalid.

Payment for Scrap cannot be disallowed for mere non-matching with Form 26AS

August 4, 2022 519 Views 0 comment Print

Jai Balaji Industries Limited vs DCIT (ITAT Kolkata) The assessee has pointed out that it has made advance payment of Rs.9,39,708/- to Tata Metaliks DI Pipes Limited for purchase of scrap materials. This claim of the assessee has been rejected by the Revenue Authorities on the ground that this exact amount is not discernable from […]

Section 271AAB penalty not imposable if no Search Conducted on Assessee

August 4, 2022 729 Views 0 comment Print

A perusal of Section 271AAB would reveal that it is applicable where search has been initiated under section 132 of Income Tax Act

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