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ITAT Kolkata

Section 41(1): ITAT deletes addition as Assessee submit evidence of non-Cessation Liabilities

January 23, 2025 567 Views 0 comment Print

ITAT Kolkata upholds CIT(A)’s decision to delete ₹3.92 crore additions under Section 41(1), ruling no cessation of liabilities in AY 2014–15 for Shreekrishan Goswami.

ITAT Remands Case to AO for Reconsideration After Assessing Assessee’s Personal Issues

January 23, 2025 228 Views 0 comment Print

ITAT Kolkata remands case of Prakash Bhalotia to AO for fresh order, citing lack of opportunity to present evidence in AY 2017–18 case of unexplained cash deposits.

ITAT Kolkata Dismisses Penalty Appeal as Withdrawn Under Vivad Se Vishwas

January 23, 2025 258 Views 0 comment Print

Raj Kumar Agarwal HUF’s appeal against penalty under Section 271(1)(c) dismissed as withdrawn under the Vivad Se Vishwas Scheme, 2024.

Addition u/s. 68 deleted as identity and creditworthiness of share capital investor established

January 22, 2025 360 Views 0 comment Print

ITAT Kolkata held that CIT(A) rightly deleted addition under section 68 of the Income Tax Act since identity and creditworthiness of share purchased duly explained. Accordingly, appeal of revenue dismissed.

Surcharge not leviable when income is less than Rs. 50 Lakhs: ITAT Kolkata

January 22, 2025 336 Views 0 comment Print

ITAT Kolkata held that the surcharge is leviable only when the amount of income tax is computed where the total income exceeds Rs.50 lakhs. Here, surcharge is not leviable since income is less than Rs. 50 Lakhs. Accordingly, appeal allowed.

Undisclosed 0.15% Commission on Accommodation Entries Added: ITAT Kolkata

January 22, 2025 252 Views 0 comment Print

ITAT Kolkata held that undisclosed commission income on accommodation entries to be added @0.15% instead of 1%. Accordingly, AO directed to compute the rate the commission @0.15% and not 1%.

Addition due to assessee’s failure to provide documents: ITAT Remands case

January 22, 2025 795 Views 0 comment Print

ITAT Kolkata remands Germinda Pvt. Ltd.’s 2012-13 case to AO for reassessment, citing lack of opportunity for the assessee to present evidence.

ITAT Kolkata Dismisses Revenue Appeal Due to tax effect below threshold for filing

January 22, 2025 369 Views 0 comment Print

ITAT Kolkata dismisses Revenue’s appeal as the tax effect is below the prescribed threshold limit under CBDT Circular 9/2024.

ITAT Kolkata Condones Delay in Filing Form 10B Due to Technical Issues

January 22, 2025 591 Views 0 comment Print

Kaydee Foundation Vs ITO (ITAT Kolkata) Form 10B as a procedural requirement, liable to condonation in certain circumstances where delays were due to inadvertent errors or technical issues.

Section 68 Addition set aside as identity & creditworthiness of investors established: ITAT Kolkata

January 21, 2025 330 Views 0 comment Print

ITAT Kolkata held that addition under section 68 of the Income Tax Act rightly deleted by CIT(A) since assessee duly established identity and creditworthiness of the investors and genuineness of the transactions.

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