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ITAT Kolkata

Notice issued u/s. 143(2) without specifying type of scrutiny is invalid: ITAT Kolkata

May 16, 2025 3066 Views 0 comment Print

ITAT Kolkata held that notice issued u/s. 143(2) of the Income Tax Act without specifying whether it is limited or complete of compulsory manual scrutiny is invalid and in violation of CBDT instruction F. No. 225/157/2017/ITA-II Dated 23-06-2017.

Transactions of shares shown as stock-in-trade cannot be treated as unexplained cash credit

May 15, 2025 495 Views 0 comment Print

ITAT Kolkata held that the transaction cannot be treated as unexplained cash credit under section 68 of the Income Tax Act since the transaction of the shares were shown as stock in trade in assets side of the balance sheet and sale as revenue in profit & loss account.

ITAT Allows Interest Payment on Previously Accepted Loans, Deletes Addition

May 15, 2025 576 Views 0 comment Print

ITAT Kolkata deletes income addition for Bagla Agro Limited, finding interest on loan accepted in prior years and no search evidence.

AO Must Prove Non-Disclosure for Assessment Reopening Beyond Four Years

May 15, 2025 774 Views 0 comment Print

Kolkata ITAT rules tax assessments cannot be reopened beyond four years if assessee disclosed facts during original scrutiny, citing Supreme Court precedent.

ITAT Condones Appeal Delay Due to Non-Service of Order, Flags CIT(A)’s Error on 80P Deduction

May 15, 2025 696 Views 0 comment Print

ITAT Kolkata remands Indian Chain Pvt. Ltd. tax case to CIT(A), citing error in treating private firm as cooperative society; delay condoned.

Non-Mentioning of Scrutiny Type Renders Section 143(2) Notice Invalid

May 14, 2025 6804 Views 0 comment Print

Kolkata ITAT quashes tax assessment for AY 2017-18, ruling that Section 143(2) scrutiny notice failed to comply with mandatory CBDT instructions.

ITAT Kolkata Dismisses Tax Appeal Below ₹60 Lakh Tax Effect

May 13, 2025 735 Views 0 comment Print

ITAT Kolkata dismisses Revenue appeal against Intime Vanijya Private Limited as tax effect on Section 68 addition falls below CBDT’s ₹60 lakh threshold.

Stock Figures Given to Bank cannot be Sole Basis for Income Addition, Rules ITAT

May 13, 2025 699 Views 0 comment Print

ITAT Kolkata rules income addition cannot be based solely on higher stock figures shown to bank for credit vs. audited accounts; deletes addition.

Accepting additional evidence and granting relief u/s. 10(26AAA) by CIT(A) without hearing AO not justifiable

May 12, 2025 600 Views 0 comment Print

ITAT Kolkata held that CIT(A) accepted additional evidence and allowed the relief u/s. 10(26AAA) of the Income Tax Act without allowing an opportunity of being heard to AO. Therefore, the order of CIT(A) is in contravention of Rule 46A(3) of the I.T. Rules, 1962.

Loan Between Holding & Subsidiary Due to Commercial Expediency is Outside Deemed Dividend Scope

May 10, 2025 1668 Views 0 comment Print

ITAT Kolkata held that loan transaction between holding and subsidiary company done in the normal course of business and out of business/ commercial expediency are outside the scope of deemed dividend.

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