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ITAT Kolkata

Assessee could not apply under rule 46A- ITAT remands matter back to Addl./Jt. CIT(A)

January 23, 2025 495 Views 0 comment Print

In the abovementioned matter ITAT remanded the matter to AO after observing that assessee failed to apply under rule 46 A (Additional Evidence) of the IT Rules.

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

January 23, 2025 1224 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 804 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ITAT Kolkata Dismisses Penalty Appeal as Withdrawn Under Vivad Se Vishwas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 732 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Raj Kumar Agarwal HUF’s appeal against penalty under Section 271(1)(c) dismissed as withdrawn under the Vivad Se Vishwas Scheme, 2024.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 597 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 906 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 903 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 1185 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 861 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 1125 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.

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