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ITAT Kolkata

Section 263 Revision Untenable Without Proving Assessment Order’s Error & Revenue Prejudice

September 21, 2024 1776 Views 0 comment Print

The ITAT Kolkata quashed Section 263 proceedings against Nalanda Engicon, ruling that the prior approval under Section 153D was sufficient to invalidate the revision.

ITAT condones delay in filing Form-10B as it was a procedural lapse rather than a substantial one

September 5, 2024 4092 Views 0 comment Print

ITAT Kolkata remands case of Daroga Family Foundation to reconsider condonation of delay in filing Form-10B due to COVID-19. The delay caused denial of tax exemption.

PCIT’s Revision Jurisdiction Time-Barred: Two-Year Limit Starts from Original Assessment, Not Reassessment

September 1, 2024 855 Views 1 comment Print

ITAT Kolkata ruled that PCIT’s revision under section 263 was time-barred as it exceeded the limitation period, invalidating the assessment revision.

Section 153A Addition Valid Only if Based on Material Seized during search: ITAT Kolkata

August 18, 2024 687 Views 0 comment Print

ITAT Kolkata held that additions u/s. 153A of the Income Tax Act could only be made on the basis of seized material found during the course of search. Thus, making additions in regular assessment without any incriminating material relating to said addition not justified.

CIT needs to independently apply his mind prior to invoking revisionary provisions u/s. 263: ITAT Kolkata

August 16, 2024 579 Views 0 comment Print

ITAT Kolkata held that CIT has not applied his mind analytically while assuming jurisdiction for taking cognizance under section 263 of the Income Tax Act. Thus, in absence of independent application of mind, invocation of revisionary provisions by CIT unsustainable.

Foreign allowance for services rendered outside India is not taxable in India: ITAT Kolkata

August 1, 2024 1083 Views 0 comment Print

ITAT Kolkata held that foreign allowance received by a non-resident outside India for services rendered outside India does not fall within the scope of total income under section 5(2) of the Income Tax Act.

Set off of loss on sale of recognised shares against LTCG from sale of unlisted shares allowable: ITAT Kolkata

July 24, 2024 801 Views 0 comment Print

ITAT Kolkata held that loss on sale of shares on recognized stock exchange with STT paid, is eligible to be set off against the long-term capital gain (LTCG) earned from sale of unlisted shares.

Section 80G application cannot be denied by Misinterpretation of provisions: ITAT Kolkata

July 22, 2024 909 Views 0 comment Print

Read the detailed analysis of the ITAT Kolkata judgment on Anudip Foundation vs. CIT, discussing the rejection of 80G final approval. Key legal interpretations included.

Kolkata ITAT Rules Technical Error No Basis to Deny Section 80G Approval

July 19, 2024 561 Views 0 comment Print

Detailed analysis of North Eastern Social Research Centre vs. CIT(Exemption) case by Kolkata ITAT. Learn how technical errors in application didn’t affect Sec 80G benefits.

Reassessment cannot be based merely on suspicion or unverified information

July 18, 2024 1902 Views 0 comment Print

Read the full text of the ITAT Kolkata order on Alosha Marketing Pvt Ltd Vs ACIT, discussing reopening of assessment under sec 147 and challenges on merit.

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