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ITAT Kolkata

No Disallowance on Debatable Environmental Compensation in section 143(1) proceeding

June 4, 2024 516 Views 0 comment Print

Learn about the Kolkata ITAT ruling on compensatory vs. penal nature of environmental compensation payments in Majhaulia Sugar Industries Pvt. Ltd. vs. ITO case.

No Section 68 addition for share capital & premium if identity & creditworthiness of subscriber proved

June 4, 2024 1029 Views 0 comment Print

Kolkata ITAT rules in favor of Dream Valley Barter Pvt. Ltd., stating no addition under Section 68 for share premium if taxpayer proves identity and creditworthiness.

ITAT Upholds Section 68 Addition for unexplained share capital & premium

June 4, 2024 933 Views 0 comment Print

Kolkata ITAT justifies addition u/s 68 in ITO Vs Mangalvani Commercial Pvt. Ltd. for unexplained share capital & premium. Detailed analysis of the case provided.

TDS on Foreign Payments & Liquidated Damages as Capital Receipts

June 4, 2024 4092 Views 0 comment Print

ITAT Kolkata ruled that TDS under section 195 is not required for foreign commission payments and liquidated damages are capital receipts, not taxable income.

ITAT Upholds Share Premium Addition: Assessee Fails to Explain Transactions

May 31, 2024 660 Views 0 comment Print

Read the detailed analysis of ITAT Kolkata’s dismissal of Ideal Vyapaar Pvt Ltd appeal under section 68 of the Income Tax Act due to absence of explanation for transactions.

Interest expense cannot be disallowed for not reflecting in Form 26AS

May 31, 2024 987 Views 0 comment Print

In Bal Krishan Das Mundhra Vs ITO case, ITAT Kolkata permits deduction of Rs. 34.2 lakhs under section 57 of Income Tax Act as taxpayer consistently follows mercantile system.

Identity, Creditworthiness & Transaction Genuineness Proven: Section 68 Addition deleted

May 31, 2024 1212 Views 0 comment Print

ITAT Kolkata deletes Rs. 40 Lakh addition against City Shoppe Estates, affirming identity, creditworthiness of share subscribers, and transaction genuineness.

AO Cannot Reject claim of Cash Deposit Against Withdrawals Based on Assumption: ITAT Kolkata

May 27, 2024 1368 Views 0 comment Print

Explore the ITAT Kolkata ruling on Sunil Khaitan Vs DCIT, delving into the adequacy of fund sources under Section 68 of the Income Tax Act.

Section 41(1) cannot be invoked without liability in books: ITAT Kolkata

May 27, 2024 861 Views 0 comment Print

Dive into the detailed analysis of Syama Prasad Mookerjee Port’s case against DCIT at ITAT Kolkata regarding Section 41(1) of the Income Tax Act. Understand why cessation of trading liability cannot be invoked without liability in books.

Section 40(a)(ia) Disallowance Unjustified if AO failed to Establish Section 194C Applicability

May 25, 2024 4185 Views 0 comment Print

Assessing Officer has nowhere determined as to how Section 194C is applicable on payments made by assessee. Unless a charge is being determined, disallowance under section 40(a)(ia) cannot be made.

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