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ITAT Kolkata

ITAT deletes adhoc disallowance of payment to Football Players

March 4, 2020 594 Views 0 comment Print

The assessee is a private limited company mainly engaged in the activity of running a football team. It filed its return of income for the Assessment Year 2012-13 declaring Nil Income.

No Section 68 Addition for issue of Shares on Premium in lieu of shares

February 28, 2020 2205 Views 0 comment Print

The sole issue involved in this appeal of assessee is against the action of Ld. CIT(A) in confirming the addition of Rs.5,01,00,000/- made by AO u/s. 68 of the Income-tax Act, 1961 (hereinafter referred to as the Act) on account of bogus share capital including share premium

Receipt accounted as income cannot be taxed again under some other section

February 26, 2020 2001 Views 0 comment Print

New Pooja Jewellers Vs ITO (ITAT Kolkata) In this case we find that these advances have subsequently been recorded as sales of the assessee firm and that these sales have been accepted as income by the AO during the year. He has not disturbed the sales of the assessee. When a receipt is accounted for […]

AO cannot ignore provisions of section 55(2)(b) in computation of indexed cost

February 26, 2020 3384 Views 0 comment Print

Computation of indexed cost of acquisition by the AO, taking the cost of acquisition at the cost price of 15.04.1976 without considering the provisions of section 55(2) clause (b) and taking the base cost inflation index at 406 is bad in law and we direct that Rs. 8,30,000/- must be taken as the cost of acquisition instead of Rs.1,122/-.. So we order accordingly.

Disallowance u/s 40(a)(ia) not applicable to Short-Deduction of TDS

February 19, 2020 7209 Views 0 comment Print

Impugned disallowance u/s 40(a)(ia) does not apply in a case involving short deduction of TDS. ITAT therefore go by the very reasoning and direct the Assessing Officer to delete the impugned disallowance.

Bogus capital gains from penny stocks- ITAT restricts addition to 30%

February 14, 2020 1170 Views 0 comment Print

Neha Chowdhary Vs ITO (ITAT Kolkata) Bogus capital gains from penny stocks- It emerges that from a perusal of these case files that although the assessee has produced her documentary evidence before the lower authorities about the impugned sums to be in the nature of income derived from the sales of shares, the fact remains […]

Section 68 addition Not Justified in case of Issue of Shares in Exchange of Shares

February 5, 2020 2274 Views 0 comment Print

The issue under consideration is whether the addition u/s 68 is justified in case of issuance of shares in exchange of shares?

No reassessment on issue already disclosed in return of income

February 5, 2020 1968 Views 0 comment Print

Price Waterhouse & Co. Vs DCIT (ITAT Kolkata) Conclusion: Since the addition on basis for which AO reopened assessment  had already been disclosed by assessee in the return of income filed by him u/s 139(1), AO having not carried out the scrutiny assessment within the prescribed statutory limit, could not be given another innings for […]

Payment of Royalty for Purchasing Right to Re-Produce Film-Music is a Revenue Expense

January 29, 2020 2058 Views 0 comment Print

The issue under consideration is whether payment of minimum guarantee royalty for purchasing right to reproduce film-music is considered as capital expense or revenue expense?

Students Contribution for Building Development Fund is capital receipt

January 10, 2020 7062 Views 0 comment Print

Vidya Bharati Society for Education & Scientific Advancement Vs ACIT (ITAT Kolkata) Merely because the contributions from students were collected under the nomenclature of development fee cannot ipso facto lead to conclusion that it cannot be considered to be corpus contribution. It is true that in terms of section 12(1) read with section 11(1)(d) of […]

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