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ITAT Kolkata

Addition for Share Capital & Premium without Complete investigation & Application of mind: ITAT Directs Re-adjudication

July 25, 2023 462 Views 0 comment Print

In the case of Goldline Dealers Pvt Ltd vs. ITO, ITAT Kolkata directs re-adjudication due to incomplete investigation & application of mind on the issue of Addition for Share Capital & Premium. Read the full text of the ITAT order.

Income Mismatch with Form 26AS: ITAT Directs Re-Adjudication

July 23, 2023 4134 Views 0 comment Print

ITAT Kolkata orders reassessment of Mohammed Meraj’s case due to the lack of substantiating evidence regarding a mismatch in Form 26AS and Profit & Loss Account in TDS deduction.

Notice issued by ITO Delhi post transfer of jurisdiction to ITO Kolkata is bad & illegal

July 22, 2023 1167 Views 0 comment Print

ITAT Kolkata held that once the jurisdiction of the assessee is transferred from Delhi to Kolkata, every action for all the assessment year lies with ITO, Kolkata. Accordingly, notice issued u/s 148 by ITO, New Delhi is bad and illegal.

Section 11 exemption cannot be denied for Delayed Form 10B submission

July 22, 2023 2055 Views 0 comment Print

Discover the details of the ITAT Kolkata ruling in the case of India Industrial Mission Vs DCIT regarding the delay in filing Form 10B and the implications for exemption under Section 11 of the Income-tax Act.

Addition for under valuation of closing stock without corresponding adjustment in opening stock is unsustainable

July 21, 2023 2817 Views 0 comment Print

ITAT Kolkata held that making the addition for under valuation of closing stock for not adding making charges specifically for the year under appeal cannot be held to be justified unless and until corresponding adjustment is made for the opening stock. Accordingly, addition deleted.

Absence of Valid Notice u/s. 143(2): ITAT quashes Assessment Proceedings

July 21, 2023 6249 Views 0 comment Print

Analysis of Jigna Chetan Mehta Vs ACIT case about the validity of assessment proceedings in absence of a proper notice under section 143(2) of IT Act.

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

July 20, 2023 606 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 3966 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 1242 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 10590 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.

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