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ITAT Kolkata

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

August 18, 2023 780 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 11247 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 3648 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 1614 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 1680 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 2172 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.

Notice u/s 148 can be Issued on Assessee’s Failure to truly disclose Material Facts: ITAT

August 6, 2023 2187 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal set aside Notice under Section 148 by making observation that the ld. Assessing Officer failed to pinpoint the failure at the end of the assessee to disclose all material facts fully and truly, which led the escapement of income from taxation.

Compensation payment out of sale proceeds explained with documentary evidence allowed

August 6, 2023 1302 Views 0 comment Print

ITAT Kolkata held that compensation paid out of sale proceeds to various parties is duly explained by the assessee with documentary evidences. Accordingly, addition towards compensation paid deleted.

Assessment Invalidated by ITAT: Reopening Beyond Four Years

August 6, 2023 1539 Views 0 comment Print

Discover the key points from the Samridhi Stocks Pvt Ltd vs ITO case at ITAT Kolkata, where a late assessment reopening was invalidated.

In absence of Direct Evidence Share Trading Loss cannot be treated as Bogus

August 5, 2023 2325 Views 0 comment Print

Raigarh Jute & Textile Mills Ltd triumphs as ITAT Kolkata rules share trading loss genuine. Detailed analysis reveals weak circumstantial evidence.

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