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ITAT Kolkata

Notice u/s. 143(2) not issued in prescribed format is invalid: ITAT Kolkata

May 10, 2025 1950 Views 0 comment Print

ITAT Kolkata held non-mentioning of the fact of either limited or complete scrutiny or compulsory manual scrutiny would render issuance of Income Tax notice u/s 143(2) invalid.

Assessment without Section 143(2) notice is unsustainable: ITAT Kolkata

May 5, 2025 921 Views 0 comment Print

 ITAT Kolkata rules assessment void due to non-issuance of mandatory notice u/s 143(2) in Sandip Kumar Keshari Vs ITO case.

Reassessment u/s. 148 without any tangible material is liable to be quashed

May 3, 2025 1245 Views 0 comment Print

ITAT Kolkata held that re-assessment proceedings initiated under section 148 of the Income Tax Act without any tangible material and without independent application of mind is not sustainable in law. Accordingly, reassessment is quashed.

Section 80G Provisional Holders Can Apply for Final Registration Anytime

May 3, 2025 1416 Views 0 comment Print

ITAT Kolkata allows Vivekananda Mission Asram’s appeal, directing reconsideration of 80G registration despite a technical application error and perceived delay.

Assessee Can Raise new Claims Before AO Even After Revised Return Deadline

May 3, 2025 4368 Views 0 comment Print

ITAT Kolkata permits a new deduction claim and grants relief, highlighting assessment duties and appellate powers under income tax law.

Section 40(a)(ia) disallowance Invalid If Payee Declared Income; Form 26A Not Applicable Pre-2012

May 2, 2025 972 Views 0 comment Print

ITAT Kolkata allows appeal, holding TDS disallowance unsustainable if payee taxed income, especially when Form 26A wasn’t applicable.

ITAT Kolkata Quashes Reassessment, Invalidates Mechanical Sanction After 4 Years

April 27, 2025 2418 Views 0 comment Print

Kolkata ITAT cancels reassessment, rules CIT’s mechanical sanction for reopening after 4 years invalid; upholds assessee’s challenge based on lack of recorded satisfaction.

Documented Share Transactions via BSE Cannot be Taxed as Bogus on Suspicion

April 26, 2025 651 Views 0 comment Print

Kolkata ITAT rules documented share transactions through BSE and registered broker cannot be taxed as bogus based on suspicion; upholds assessee’s evidence.

Genuine Share Transactions Backed by Evidence valid despite Allegations against Broker

April 26, 2025 684 Views 0 comment Print

Kolkata ITAT dismisses revenue’s appeal, upholds CITA order favoring Shaleen Khemani on gifted share sale proceeds, citing lack of evidence.

Share sale proceeds cannot be treated as undisclosed income without evidence

April 26, 2025 462 Views 0 comment Print

Kolkata ITAT rules in favor of Gautam Kumar Pincha, setting aside addition of share sale proceeds as undisclosed income due to lack of evidence.

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