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ITAT Kolkata

ITAT Grants Opportunity for TDS Discrepancy: Salary Deducted but Not Deposited

August 21, 2023 639 Views 0 comment Print

ITAT Kolkata permits necessary corrections in TDS as the name of the assessee was absent in Form 26AS. Find full details of Vishal Pachisia Vs ITO case

Foreign Tax Credit can’t be denied for late filing of Form 67

August 21, 2023 3534 Views 0 comment Print

Analysis of ITAT Kolkata’s ruling in Mahua Bagchi Vs ACIT. Emphasizes that Foreign Tax Credit can’t be denied for late filing of Form 67 under Sec 139(1).

No Disallowance on Bonus Paid Before Return Due Date: ITAT Kolkata

August 21, 2023 2889 Views 0 comment Print

ITAT Kolkata rules no disallowance on bonus outstanding paid before the due date of filing return, in the case of DCIT Vs Medica Hospitals Pvt Ltd. Details inside.

Reasons for reopening recorded by authority not having territorial jurisdiction is bad-in-law

August 18, 2023 1044 Views 0 comment Print

ITAT Kolkata held that reasons for reopening of the assessment recorded by an Authority who was not having territorial jurisdiction over the assessee is unsustainable in law and accordingly the entire reassessment proceeding is liable to be quashed.

CIT rightly Invoked Section 263 for Oversight in examining Composite Property Agreement

August 18, 2023 744 Views 0 comment Print

ITAT Kolkata held that AO failed to examine the agreement as composite agreement and hence non-examination of AO with that angle has caused prejudice to the interest of Revenue and hence CIT rightly set aside the assessment order by exercising powers under section 263 of the Income Tax Act.

ITAT Upholds Penalties u/s 271A & 271B for Bookkeeping & Tax Audit Lapses

August 17, 2023 11130 Views 3 comments Print

Read analysis of ITAT judgment in Saraswati Gupta vs. ITO case confirming penalties under sections 271A and 271B for not maintaining and auditing books of account. Learn about the outcome and reasoning.

Section 115E Concessional Rate Inapplicable to INR Saving Account Share Acquisition

August 12, 2023 3540 Views 0 comment Print

In Pawan Kumar Agarwal vs CIT case, ITAT Kolkata rules that concessional tax rate under section 115E is not applicable when money is deposited in Indian rupees, not foreign exchange.

Addition towards unexplained cash credit unsustainable as identity & creditworthiness proved

August 8, 2023 1563 Views 0 comment Print

ITAT Kolkata held that addition under section 68 towards unexplained cash credit unsustainable as assessee has discharged its onus to prove the identity and creditworthiness of the share subscribing company.

Power to transfer appeals is vested with benches of ITAT & not with President

August 7, 2023 1629 Views 0 comment Print

The assessee, M/s. K.K. Patel Finance Ltd has jurisdiction in Indore. The Assistant Commissioner of Income Tax passed assessment orders, indicating jurisdiction. The parties discussed appellate jurisdiction between the ITAT and the High Court based on the Assessing Officers location. The assessees counsel requested the appeals be transferred to the ITAT Indore Bench for adjudication.

Allowability of Interior Decoration Work in Rented Office as Revenue Expenditure

August 7, 2023 2094 Views 0 comment Print

ITAT Kolkata held that expenditure incurred towards interior decoration work of a rented office premises is allowable as revenue expenditure. Accordingly, disallowance of such expenditure unjustified.

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