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ITAT Kolkata

ITAT Allows Deduction for GST Paid Before Due Date of ROI Filing

July 15, 2023 1923 Views 0 comment Print

Delve into the case of Santi Kumar Oswal Vs ACIT where ITAT Kolkata ruled that no disallowance can be made for GST paid before the due date of filing ROI, emphasizing fair application of the Income Tax Act.

Disallowance of Section 54F Deduction for Assessee with Multiple Residential Houses

July 15, 2023 15333 Views 1 comment Print

Gain in-depth insights into the ITAT Kolkata’s landmark ruling on residential property deductions under Section 54F of the Income Tax Act. Learn how ownership of more than one house impacts tax deductions.

Section 56(2)(vii)(b) Inapplicable to Purchasers if transfer takes place prior to accounting year 2014-15

July 15, 2023 11043 Views 0 comment Print

Read the analysis of the ITAT Kolkata order in the case of Asha Vijay Vs ITO regarding the inapplicability of Section 56(2)(vii)(b) to transfers that took place before the accounting year 2014-15. Learn how the ITAT ruled in favor of the assessee, deleting the addition made under Section 56(2)(vii)(b) of the Income Tax Act.

ITAT directs re-adjudication for incorrect disallowance sum in audit report

July 14, 2023 852 Views 0 comment Print

An in-depth analysis of the ITAT Kolkata case where an auditor’s error resulted in incorrect disallowance sum under Section 43B of the Income Tax Act. The ITAT has directed a re-adjudication of the case.

No addition u/s 69 on account of Unexplained Investment on Bank Account

July 6, 2023 4335 Views 0 comment Print

Addition on account of unexplained investments under section 69 could not be made as whatever deposits were made were either out of the past savings or from the loans taken from relatives.

CIT(A) Cannot Enhance Income on New Issue – Appeal against Section 143(1) Intimation

July 4, 2023 759 Views 0 comment Print

The ITAT Kolkata recently deleted an addition made on interest receipt by the CIT(A) in the case of Guruji Mercantile Pvt. Limited Vs ITO, citing lack of jurisdiction.

Delay of 902 days condoned by considering complexity of Income Tax Laws: ITAT

July 4, 2023 1281 Views 0 comment Print

In present facts of the case, the condonation of delay was allowed for 902 days by placing its reliance over the Judgments of Hon’ble Supreme Court and it was observed that Income-tax law is a complex subject and meeting its compliance requirements is dependent on services by experts of the subject matter. Accordingly the delay was condoned and the appeal was allowed on merits.

Addition of advances received as deemed dividend unsustainable as it is purely business transaction

July 4, 2023 969 Views 0 comment Print

ITAT Kolkata held that addition of advances received by the company as deemed dividend in terms of provisions of section 2(22)(e) of the Income Tax Act unsustainable as advances are received from the concerns purely as business transaction.

First year of applicability of Tax Audit – ITAT deletes Section 271B penalty

June 26, 2023 1365 Views 0 comment Print

Explore the ruling in the case of Kartick Das Bairagya Vs ITO at ITAT Kolkata, which clarifies the conditions for non-imposition of penalty under Section 271B of the Income Tax Act.

Adjustment u/s 143(1)(a) by disallowing exemption u/s 11 without prior intimation is unjustified

June 23, 2023 3753 Views 0 comment Print

ITAT Kolkata held that in respect of any adjustment proposed to be made u/s 143(1)(a), a prior intimation is required to be served on the assesse. Failure to issue such prior intimation to the assessee before making an adjustment by way of disallowing the claim of exemption u/s. 11 of the Act is unjustified.

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