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ITAT Kolkata

ITAT Directs AO to Consider Circle Rate on Agreement Date for Tax Calculation

May 21, 2025 1656 Views 0 comment Print

ITAT Kolkata ruled on taxing property received with an unregistered agreement in one FY and sale deed in another, clarifying Section 56(2)(x) applicability.

Section 143(2) Notice Invalid if Not Issued in Prescribed CBDT Format: ITAT Kolkata

May 20, 2025 2994 Views 0 comment Print

Kolkata ITAT allows assessee’s appeal, ruling that a tax assessment was invalid because the Section 143(2) notice did not comply with mandatory CBDT instructions on format.

Vague Grounds of Accommodation Entries: ITAT Quashes Tax Reassessment

May 20, 2025 7230 Views 0 comment Print

Kolkata ITAT voids tax reassessment for AY 2017-18, finding reasons for reopening vague & based on borrowed satisfaction, citing Delhi HC precedent.

Reopening u/s. 147 quashed as based on vague reasons and non-application of mind

May 19, 2025 2118 Views 0 comment Print

ITAT Kolkata held that the reopening of assessment cannot be allowed on the basis of vague reasons, where AO has not done anything as there was gross non-application of mind by the Assessing Officer. Accordingly, reopening of assessment u/s. 147 is quashed.

Section 131 Summons Non-Compliance Not Sufficient for Share Capital Addition u/s 68

May 17, 2025 1062 Views 0 comment Print

ITAT Kolkata rules addition under Section 68 for share capital invalid solely due to non-compliance with summons when evidence was furnished.

No Section 68 addition for Share Capital Not Received During the Year

May 17, 2025 897 Views 0 comment Print

Kolkata ITAT removes Rs 1.43 crore addition on share capital, citing funds received in prior years and adequate documentation for current year’s receipts.

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

May 16, 2025 3288 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 534 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 633 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 870 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.

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