ITAT emphasized that the AO must decide on the objections raised by the assessee before proceeding with the assessment. Failure to do so renders the assessment bad in law.
Read the detailed analysis of ITAT Kolkata’s decision in Jai Trading Co. vs. ITO regarding the allowance of commission payments as business expenses. Full text included.
The mere receipt of funds from M/s Solvent Real Estate Pvt. Ltd. did not constitute tangible evidence of income escapement by the assessee. Despite efforts by the assessee to provide explanations and evidence, the AO failed to conduct independent inquiries and relied solely on the information received.
Bisharpara Kodalia Cooperative Credit Society Ltd vs ITO: Kolkata ITAT rules that CPC’s adjustment of Sec 80P deduction pre-April 2021 is beyond its jurisdiction.
The Tribunal recognized the mandate under section 250(6), requiring the appellate authority to state points in dispute and provide reasons for its decision. However, the Commissioner’s order lacked adherence to these requirements, rendering it unsustainable.
Arijit Chakraborty vs ITO: Kolkata ITAT deletes addition made by AO upon capital gains by adopting value of property as per DVO’s report.
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.
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.
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.
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.
