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ITAT Kolkata

Service Tax Not Included in Gross Receipts for Presumptive Income (Sec. 44BBA): Kolkata ITAT

February 14, 2024 900 Views 0 comment Print

ITAT Kolkata rules service tax collected for rendering services does not form part of gross receipts under Sec 44BBA, benefiting Cathay Pacific Airways.

Commencement of Activities Before 80G(5) Application Doesn’t Bar Future Tax Benefits

February 13, 2024 2610 Views 0 comment Print

ITAT Kolkata sets precedent by allowing a trust to seek Section 80G approval despite past activities, emphasizing the importance of provisional registration.

Profit Size Doesn’t prove Company Authenticity or Transactions in Penny Stock Cases

February 13, 2024 948 Views 0 comment Print

Kolkata ITAT upholds LTCG disallowance in Brajesh Narnolia Vs ITO, emphasizing that a company’s genuineness isn’t judged by the magnitude of profit.

LTCG from Penny Stock Cannot Be Deemed Bogus without Substantiated Allegations

February 11, 2024 2565 Views 0 comment Print

Taxpayers and professionals alike can learn from Ayushi Jain vs. Income Tax Officer (ITO): LTCG can’t be deemed bogus without substantiated allegations. Understand the intricate details of the ruling from ITAT in Kolkata.

ITAT Deletes Hasty Addition made by AO, Citing Lack of Due Diligence

February 9, 2024 750 Views 0 comment Print

Kolkata ITAT deletes additions made without examining nature of expenditure, criticizing AO’s careless attitude. Full text of the order available.

High share premium cannot be base to assess share capital and premium as unexplained cash credit

February 7, 2024 1800 Views 0 comment Print

ITAT Kolkata held that it is unjustified to assess share capital and share premium as unexplained cash credit u/s. 68 merely for high share premium as identities and creditworthiness of the share applicant and genuineness of the transactions duly established.

Addition u/s 68 unjustified as genuineness of transaction proved with evidence: ITAT Kolkata

February 7, 2024 4692 Views 0 comment Print

ITAT Kolkata held that addition u/s. 68 as unexplained cash credit unjustified as assessee has filed all the evidences concerning transactions to establish the identity and creditworthiness of the lenders and to prove the genuineness of the transactions.

Rental Income Intended for Charitable & Educational Purposes Eligible for Section 10(23C)(vi) Exemption

January 30, 2024 5697 Views 0 comment Print

Income earned from educational activities is eligible for exemption under Section 10(23C)(vi) of the Income Tax Act. Read the detailed analysis of the ITAT Kolkata ruling in the case of Durgapur Society of Management Science vs ITO.

ITAT deletes unexplained cash credit addition of Rs. 3 crore, stemming from unsecured loans

January 18, 2024 6138 Views 0 comment Print

The appeal challenges the order dated 14th June 2023, passed under section 250 of the Income Tax Act, 1961. The primary issue revolves around the addition of Rs.3,00,00,000/- as unexplained cash credit on account of unsecured loans.

Exemption u/s 11 available to Indian Chamber of Commerce on its entire receipts

January 16, 2024 2172 Views 0 comment Print

ITAT Kolkata held that the Indian Chamber of Commerce (ICC) is entitled to exemption u/s 11 of the Act as ICC is not carrying on any activity of holding meetings, seminars and conferences for business purpose but only in support its main object hence it is not hit by the proviso to Section 2(15) of the Act even post amendments.

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