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ITAT Kolkata

Merely reason to believe not sufficient to reopen assessments beyond 4 year period

June 12, 2020 1671 Views 0 comment Print

ITAT Kolkata ruling on Amrabathi Investra (P) Ltd. Vs ITO case. Assessment reopened u/s 147. Read full judgment details and outcome.

Section 50C- No addition for Minor Valuation Differences

June 12, 2020 2754 Views 0 comment Print

Dulari Devi Hetamsaria (L/H of Shyam Sundar Hetamsaria) Vs ACIT (ITAT Kolkata) ITAT Mumbai, in the case of M/s John Flower ( India) Pvt. Ltd, in ITA No.7545/Mum/2014, for A.Y. 2010-11, order dated 25.01.2017 held that if the difference between the valuation adopted by the Stamp Valuation Authority and declared by the assessee is less […]

Advance receipt by Lending Company in the course of business cannot be treated as Deemed Dividend

June 10, 2020 852 Views 0 comment Print

The issue under consideration is whether the receipt of advance vis-a-vis no accumulated profit in case of lending company is considered as deemed dividend u/s 2(22)(e)?

Section 35D benefit once granted in initial year cannot be denied in subsequent years

June 10, 2020 1419 Views 0 comment Print

Once the claim under section 35D of the Act was accepted in the initial year i.e. AY 1995-96, then the clock had started running in favour of the assessee which was to continue for the entire period of ten years and the benefit once granted in the initial year could not be denied in the subsequent years.

No section 12AA registration denial for mere non-filing of IT return

June 10, 2020 1242 Views 0 comment Print

The issue under consideration is whether the CIT(E) is correct in rejecting the Application for grant of registration u/s 12AA for mere non-filing of Income Tax Return?

High rate Depreciation Not allowed on vehicles used for Advertisement

June 5, 2020 813 Views 0 comment Print

Whether the higher rate of depreciation can be granted to the vehicles used for the display of advertisement under the provisions of the Income Tax Act, 1961.

AO cannot issue fresh notice when proceedings on a previous section 148 notice still pending

May 29, 2020 3507 Views 0 comment Print

DCIT Vs Coal India Ltd (ITAT Kolkata) Section 148 of the Act does not authorize the AO to issue fresh notice when proceedings on a previous notice u/s. 148 of the Act are still pending and have not been finally disposed of. Similar view was taken by the Hon’ble Allahabad High Court in Commercial Art […]

Section 68: Sales declared as Income in books cannot be treated as cash credit

May 29, 2020 6165 Views 0 comment Print

ITAT states that the assessee has disclosed the sale of shares in its books of account. Once the sale is declared as income by the assessee, the question of treating the same amount as a cash credit u/s 68 of the Act results in double addition. Thus, the addition is also bad on merits. Hence, the appeal of the assessee is allowed.

FMV determination without giving opportunity of being heard to Assessee is Unjustified

May 29, 2020 1014 Views 0 comment Print

The issue under consideration is whether Fair Market Value of property determined without giving access to the DVO’s report to Assessee and without considering the Assessee’s objections is justified in law?

IPA received as Subsidy is Capital in nature & hence Not Taxable

May 29, 2020 2376 Views 0 comment Print

The issue under consideration is whether industrial Promotion Assistance (IPA) received by the assessee-Company from the West Bengal Government is taxable under income tax?

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