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ITAT Kolkata

Applicability of TDS U/s. 194C on Payment made to truck owners

September 19, 2018 5700 Views 0 comment Print

ITO Vs Shri Anil Kumar Nevatia (ITAT Kolkata) The ld. DR vehemently argued that the assessee had used the same truck numbers for transporting its goods and hence explanation of the assessee that payments were made only to the truck drivers and that no oral or written contract was entered into with the truck owners […]

TDS not deductible on incentives in the nature of Discount

September 10, 2018 17118 Views 0 comment Print

DCIT Vs M/s. Creative Technotex (P.) Ltd. (ITAT Kolkata) Assessee contended that during the year commission was paid to the parties and incentive was also paid to several persons, who physically collect the money from different places as per the direction of the team employed. According to the assessee, this is not commission but incentive […]

Benefit of Demerger U/s. 47(viia) not available in case Transfer is not as per section 2(19AA)

September 8, 2018 10608 Views 0 comment Print

W#e are of the view that the transfer of T&D Division of the assessee-company was not in a manner prescribed in section 2(19AA) so as to treat the same as demerger for the purpose of Income Tax Act and the benefit of section 47(viia) was not available to the assessee-company as rightly held by the Assessing Officer.

Section 54 Exemption when Agreement to sell old property and investment in new residential property within one year

September 7, 2018 6474 Views 0 comment Print

Agreement to sell old property and investment in new residential property within one year, whether to be claimed as exemption under section 54.

Wharfage Charges is not Rent: TDS not deductible U/s. 194I

September 6, 2018 7248 Views 0 comment Print

M/s. MCC PTA India Corp. Pvt. Ltd. Vs ACIT (ITAT Kolkata) Section 35 of Major Ports Act 1963 empowers the Board to execute works providing appliances which includes wharves, quays, docks, stages, jetties, piers and other works within or without the port limits and also moorings and cranes, scales and all other necessary needs and […]

Penalty U/s. 271(c) not sustainable if notice not have specific charge

September 5, 2018 3714 Views 0 comment Print

As notice issued under section 274 read with section 271(1)(c) of Income Tax Act, 1961 did not specify particular viz., whether assessee had concealed particulars of income or had furnished inaccurate particulars thereof, hence, levy of penalty could not be sustained.

Section 50C does not Apply to Land treated as Stock-in-Trade

September 4, 2018 4656 Views 0 comment Print

Explore Amar Das’ ITAT case. Section 50C, capital gains clarified. Rs. 43,22,878 addition overturned. Get insights on tax implications.

Seized cash eligible for appropriation against interest liability U/s. 234A

September 4, 2018 1926 Views 0 comment Print

Nitin Kumar Vs ACIT (ITAT Kolkata) Interest under section 234A is charged for delay in filing of the return from the prescribed due date. The cash was seized from the possession of the assessee before due date of filing of return under section 139(1) in the relevant assessment year when such seizure took place. Thus, […]

Section 50C not applies to transfer of booking rights and to right to purchase flats

August 29, 2018 1593 Views 0 comment Print

Baniara Engineers Pvt. Ltd Vs. ITO (ITAT Kolkata) From the reading of Sec. 50C, it is evident that Sec. 50C is a deeming provision and it extends to only to land or building or both. Section 50C can come into play only in a situation where the consideration received or accruing as a result of […]

Firm not Assessable for Unexplained Cash Credits for Capital Introduced by Partner

August 28, 2018 1698 Views 0 comment Print

ITO Vs Bajaj Roadways (ITAT Kolkata) Revenue’s substantive ground seeking to revive unexplained cash credit addition of Rs.64, 10,000/- in assessee’ s partners’ capital Suffice to say, various judicial precedents have settled the law that such addition has to be made in the concerned partners’ hands than in case of a firm assessee. We quote one […]

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