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ITAT Kolkata

Addition in the hand of company cannot be made for items belonging to directors which was duly proved with Supporting Evidences

February 7, 2018 723 Views 0 comment Print

The Income Tax Appellate Tribunal in its recent order ruled that addition made under the Income Tax Act, 1961 solely on the basis of confessional statement without any supporting evidence is Invalid.

No penalty for addition to Income based on mere credit card A/c entries

February 7, 2018 3987 Views 0 comment Print

Sri Joy Barman Vs. ITO (ITAT Kolkata) From the foregoing discussion we note that the addition has been made by the AO on account of unexplained money and cessation of liability on basis of lack of evidence. Though the assessee’s explanation in respect of the credit card transactions and cessation of liability in the absence […]

Section 80P: Interest on Surplus Fund invested in Short Term Deposits is Other Income

February 7, 2018 6468 Views 0 comment Print

Hon’ble Supreme Court in the case of M/s. Totagars Co-operative Sale Society Ltd. is binding on the revenue authority for the proposition that the interest income arising out of surplus fund invested in short term deposits and securities is the income from other sources.

Section 41(1) includes remission or cessation of any liability by a unilateral act

January 31, 2018 3519 Views 0 comment Print

Loss or expenditure or some benefit in respect of any such trading liability by way of remission or cessation shall be includible by a unilateral act by the first person who is assessee, i.e., debtor. There is no stipulation of such unilateral act by the creditor.

ITAT not levied penalty on CA Firm for not paying FBT on traveling & conveyance Expenses of Articled Clerks

January 17, 2018 1053 Views 0 comment Print

M/s. Gujrani & Co. Vs. Income Tax Officer (ITAT Kolkata) It is observed that the audit expenses of Rs. 5,19,238/- were claimed to be incurred by the assessee- company towards traveling and conveyance of the Articled Clerks, who were C.A. students receiving training from the assessee- firm. It was contended by the assessee during the […]

Imposition of penalty U/s. 271(1)(c) on defective show cause notice without specifying charge against assessee cannot be sustained

January 12, 2018 3651 Views 0 comment Print

These are appeals by the Assessee against three orders all dated 13.06.2016 of C.I.T.(A)-I, Kolkata relating to A.Y. 2006-07 to 2008-09.

Income from Sub-Letting of Property is not Assessable as House Property Income

January 12, 2018 4662 Views 0 comment Print

ITO. Vs. M/s Batram Properties Pvt. Ltd. (ITAT Kolkata) Under section 22 of the Act the charge to tax of income from house property is based on the ownership of such property. The admitted position in the present case is that the assessee is only a tenant and not the owner of the property. It is […]

Penalty for delay in filing Audit Report due to Dispute with Auditor is invalid: ITAT

January 12, 2018 19080 Views 0 comment Print

Due to disputes between the assessee with its earlier auditor and resignation thereof, the same (audited accounts) was filed before AO belatedly.

AO cannot Review his Own Order by invoking Sec 147 of Income Tax Act

January 10, 2018 3708 Views 0 comment Print

Right or wrong, the decision taken by AO cannot be revisited or reviewed by AO invoking Sec. 147 of the Act because the AO does not have the power to review his own order.

Income from Sub-letting of Property is taxable as Other Income

January 10, 2018 14142 Views 0 comment Print

Kolkata bench of Income Tax Appellate Tribunal (ITAT) recently held that income earned by the assessee from sub-letting of property under leave and license agreement for a temporary period is taxable under the head income from other sources and not under the head business income since the sub-letting was not an object of the assessees’ business.

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