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.
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 Kolkata deletes income addition for Bagla Agro Limited, finding interest on loan accepted in prior years and no search evidence.
Kolkata ITAT rules tax assessments cannot be reopened beyond four years if assessee disclosed facts during original scrutiny, citing Supreme Court precedent.
ITAT Kolkata remands Indian Chain Pvt. Ltd. tax case to CIT(A), citing error in treating private firm as cooperative society; delay condoned.
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 Revenue appeal against Intime Vanijya Private Limited as tax effect on Section 68 addition falls below CBDT’s ₹60 lakh threshold.
ITAT Kolkata rules income addition cannot be based solely on higher stock figures shown to bank for credit vs. audited accounts; deletes addition.
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.
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.