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ITAT Kolkata

Disallowance of loss claimed u/s 41 in hypothetical way needs fresh examination

September 9, 2023 1146 Views 0 comment Print

ITAT Kolkata held that disallowance of loss claimed by the assessee under section 41 of the Income Tax Act in a hypothetical way is unjustified and accordingly matter set aside for afresh examination.

TDS Not Applicable on SIM/Mobile Recharge Card Discounts: ITAT Kolkata 

September 5, 2023 2847 Views 0 comment Print

Analysis of ITAT Kolkata ruling in Nabirul Islam Vs DCIT, stating that TDS is not applicable on discounts given to retailers on sale of prepaid SIM cards or mobile recharge cards.

Section 24(b), 80C & 80D Deduction Can’t Be Denied for Not Claiming in ITR

September 1, 2023 7767 Views 0 comment Print

In Sandip Chattopadhyay vs. ITO case, ITAT Kolkata ruled that deductions under sections 24(b), 80C, and 80D cannot be denied for not being claimed in ITR.

Compensation paid for Contractual Non-Fulfilment allowable

August 28, 2023 942 Views 0 comment Print

ITAT Kolkata rules that compensation paid for not fulfilling a contract isn’t penal, as there’s no law infringement. This upholds deduction claims.

CIT (A) cannot enhance taxable income based on issues not considered by AO

August 23, 2023 2190 Views 0 comment Print

Read a detailed analysis of case of Apeejay Shipping Ltd. vs ACIT in ITAT Kolkata regarding jurisdiction of CIT (A) to raise new tax issues and enhance taxable income.

Expenditure incurred for earning income is to be allowed even if society not registered u/s 12A

August 22, 2023 2004 Views 0 comment Print

ITAT Kolkata held that gross receipts cannot be taxed entirely, estimated expenditure incurred by the society for earning this income needs to be allowed even if the society is not registered under section 12A of the Income Tax Act.

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

August 21, 2023 666 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 3582 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 2958 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 1089 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.

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