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ITAT Kolkata

Taxpayer possessing Tax Residency Certificate Eligible for DTAA Benefit: Kolkata ITAT

March 20, 2024 699 Views 0 comment Print

Debarghya Chattopadhaya vs DCIT – Kolkata ITAT rules taxpayer, possessing tax residency certificate and taxed in another contracting state, deserves treaty benefit u/s 90. Full analysis here.

Effect of depreciation must be excluded for determining fair and true profit for purpose of TNMM: ITAT Kolkata

March 20, 2024 1143 Views 0 comment Print

ITAT Kolkata held that for determining fair and true profit for the purpose of application of Transactional Net Margin Method (TNMM), it is appropriate that the effect of depreciation must be excluded.

Section 143(1) Intimation Without Hearing Assessee Is Unlawful: ITAT Kolkata

March 20, 2024 2595 Views 0 comment Print

Analysis of Aashirvad Villa Limited Vs ITO case by Kolkata ITAT regarding the proceeding upon intimation passed U/s 143(1) without granting reasonable opportunity of hearing to assessee.

Addition u/s. 68 unsustainable as assessee duly discharged initial burden but AO failed to conduct independent inquires: ITAT Kolkata

March 20, 2024 1194 Views 0 comment Print

ITAT Kolkata held that addition u/s. 68 of the Income Tax Act towards unexplained share application money is unsustainable as assessee has successfully discharged the burden of proof primarily casted upon it, however, AO failed to conduct independent inquires.

Non-Entitlement to Section 11 deduction Doesn’t Preclude Expense Claim Against Gross Receipts

March 20, 2024 810 Views 0 comment Print

Anamika Kala Sangam vs. DCIT: Kolkata ITAT ruling allows organisations to claim expenses against gross receipts, even if not entitled to Section 11 benefits. Read more.

Faceless Assessment Lapses Shouldn’t Prejudice Effective Administration: ITAT Kolkata

March 20, 2024 1110 Views 0 comment Print

Explore the Kolkata ITAT ruling on Abhishek Shaw Vs ITO, highlighting lapses in faceless assessment and their impact on effective administration.

Section 14A disallowance should be limited to investments generating tax-exempt income

March 19, 2024 1311 Views 0 comment Print

Kolkata ITAT ruling clarifies disallowance under Rule 8D(2)(iii) for investments yielding tax-exempt income. Get insights into the case and its implications.

Failure to substantiate identity & fund source: Kolkata ITAT Remits Matter for Re-adjudication

March 19, 2024 453 Views 0 comment Print

Kolkata ITAT remits case of Dahisar Traders Pvt Ltd vs ITO due to failure in substantiating identity & fund source, demanding re-adjudication. Full order details.

Direction of DRP should be followed by TPO for calculation of TP adjustment: ITAT Kolkata

March 19, 2024 1101 Views 0 comment Print

ITAT Kolkata held that TPO should follow the direction of Hon’ble Dispute Resolution Panel (DRP). Accordingly, matter to the file of ld. TPO/AO for further calculation of TP adjustment by considering the direction of the Hon’ble DRP.

Deemed dividend u/s 2(22)(e) assessable in hands of beneficial shareholder having substantial interest: ITAT Kolkata

March 19, 2024 1302 Views 0 comment Print

Apeejay Surrendra Management Services Pvt Ltd Vs DCIT (ITAT Kolkata) ITAT Kolkata held that deemed dividend under section 2(22)(e) of the Income Tax Act can be added in the hands of beneficial shareholder who is having controlling interest (substantial interest). Facts- Assessee is engaged in the business of Brand Owning and Consultancy. During the year […]

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