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ITAT Kolkata

No Ad-hoc Disallowance for Railway Site Expenses without Rational Basis

July 20, 2023 573 Views 0 comment Print

In the case of Durga Signal Infra Pvt. Ltd. vs ACIT, ITAT Kolkata rules that there should be no disallowance made under Section 37(1) of the Income Tax Act for site expenses incurred for railway business. Learn about the case, its analysis, and conclusion.

Loss from derivative trading can be set off against regular business income

July 20, 2023 3894 Views 0 comment Print

Detailed analysis of the ITAT Kolkata ruling in favor of Kippy Engineering Pvt Ltd, where the tribunal deleted an addition made from losses in derivative trading adjusted with business income.

Section 80P Deduction Eligible on NSC & Govt-Directed FD Interest

July 19, 2023 1185 Views 0 comment Print

ITAT noted that Interest income was earned on NSC, fixed deposit/certificate of bank as a result of a mandatory business requirement as per the West Bengal Cooperative Societies Act. Therefore, the interest earned from these deposits was indeed a business income, making it eligible for deduction under Section 80P(2)(a)(i).

Mismatch in Form 26AS and ITR: ITAT Directs Re-adjudication

July 19, 2023 10536 Views 0 comment Print

In the recent case of Sandhya Agarwal Vs ACIT, ITAT Kolkata orders re-adjudication due to a mismatch between contract receipts in Form 26AS and Income Tax Return.

Addition u/s 68 unsustainable as identity as well as creditworthiness proved

July 17, 2023 2508 Views 0 comment Print

ITAT Kolkata held that addition under section 68 of the Income Tax Act unsustainable as identity of loan creditor proved along with creditworthiness of the transaction.

Addition u/s 69A for cash deposited during demonetization untenable as transaction duly explained

July 17, 2023 2511 Views 0 comment Print

ITAT Kolkata held that addition towards unexplained cash credit u/s 69A of the Income Tax Act untenable as cash deposited during the demonetization period duly explained.

Law declared by a Court will have retrospective effect if not otherwise stated

July 17, 2023 7203 Views 0 comment Print

ITAT Kolkata held that that law declared by a court will have retrospective effect, if not otherwise stated to be so specifically. It is also well settled proposition that whenever, a previous decision is overruled by a larger bench of the Supreme Court, the previous decision is completely wiped out.

ITAT deletes Disallowance for Non-Deduction of TDS on Transportation Charges

July 16, 2023 1578 Views 0 comment Print

ITAT Kolkata in the case of Cargo Handling Corporation Vs ITO examines disallowance made under section 40(a)(ia) of Income Tax Act for non-deduction of TDS on transportation charges. ITAT deletes the disallowance as the deductee has already paid tax on transportation charges.

No Penalty under Section 271B for Delayed Tax Audit (Auditor Unwell)

July 16, 2023 2079 Views 0 comment Print

A significant ITAT Kolkata ruling declares no penalty for delayed filing of books of account due to reasonable causes under Section 273B of Income Tax Act, 1961. Explore the details of this precedent-setting case.

ITAT upholds addition under section 68 for bogus LTCG from penny stocks

July 15, 2023 3255 Views 0 comment Print

The ITAT Kolkata has dismissed the appeal of Rohit Agarwal against the order of the Ld. CIT(A)-10, Kolkata. The appeal challenged the addition of Rs. 46,97,718/- as unexplained cash credit under section 68 of the Income Tax Act. The tribunal upheld the decision of the revenue authorities, stating that the transactions in question involved penny stocks and were held to be bogus by the Calcutta High Court.

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