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ITAT Kolkata

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

May 15, 2025 777 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 7062 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 789 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 801 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 654 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 1809 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.

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

May 10, 2025 2100 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 1014 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 1287 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 1548 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.

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