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ITAT Kolkata

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

January 21, 2025 774 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.

Deduction u/s 80IA Allowed despite Late Filing of Form 10CCB as It was Directory, Not Mandatory

January 21, 2025 3045 Views 0 comment Print

Filing of Form 10CCB required for claiming deductions under Section 80IA before the due date for filing of return of income u/s 139(1) was only directory and not mandatory for the year under consideration.

Notice issued u/s 148 was invalid due to non-compliance of section 151

January 21, 2025 1296 Views 0 comment Print

Assessee, aggrieved by the decision, appealed to the CIT (Appeals), who dismissed the appeal and upheld the decision of AO. Assessee dissatisfied with the order of CIT(A) appealed before Tribunal.

CIT(A) Should Adjudicate Grounds Raised in Ex-Parte Order: ITAT Kolkata

January 20, 2025 1236 Views 0 comment Print

ITAT Kolkata addresses procedural lapses in Suryadeo Prasad Vs. ITO, highlighting the need for a speaking order and adherence to Section 250(6) of the Income Tax Act.

Addition towards unexplained cash deposits deleted as it is part of business turnover

January 20, 2025 1416 Views 0 comment Print

ITAT Kolkata held that addition under section 69A of the Income Tax Act towards unexplained cash deposits rightly deleted since it is already part of the turnover of the business. Accordingly, appeal of revenue dismissed.

ITAT Upholds disallowance of excessive loss claimed but Deletes Penalty

January 18, 2025 633 Views 0 comment Print

ITAT Kolkata upholds disallowance of short-term capital loss adjustment for previous AY but deletes penalty due to lack of evidence of intentional wrongdoing.

Cash Deposit from Fruit & Vegetable Sale Commission Not Income: ITAT Kolkata

January 17, 2025 2106 Views 0 comment Print

Sujit Biswas Vs ITO (ITAT Kolkata) The assessee is a proprietor of Baba Lokenath Sahal Sabji Bhandar and total turnover disclosed by the assessee during the instant financial year were ₹32,00,500/- against the purchases of ₹15,52,770/-. Assessee filed his return at total income at ₹2,92,240/-. The assessee engaged in the business of purchase and sale […]

Non-Consideration of Submissions: ITAT deletes Rs. 52.25 Lakh Addition

January 16, 2025 957 Views 0 comment Print

ITAT Kolkata deletes Rs.52.25 lakh addition under Section 69A for unaccounted fees. Evidence proved the amount was properly accounted for in the trust’s records.

No notice was served before making adjustment to returned income: ITAT remanded the matter to AO

January 15, 2025 759 Views 0 comment Print

It was argued on behalf of the assessee that the action of AO amounts to a double addition as the claiming of Capital Gains was accurately tendered in the Return of Income.

Assessment was completed without examination of books of account: ITAT remands back the matter

January 14, 2025 585 Views 0 comment Print

Reliance was placed on decision of the Hon’ble Delhi High Court in the case of CIT vs. Ritu Anurag Agarwal reported in ITA No. 325/2008 and it was argued that no addition u/s 68 could be made on account of trade creditors when the books of accounts have not been rejected.

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