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ITAT Kolkata

Reassessment notice under section 148 served after date of limitation is bad-in-law: ITAT Kolkata

November 22, 2024 5982 Views 0 comment Print

ITAT Kolkata held that reassessment order quashed since notice issued under section 148 of the Income Tax Act was served after the date of limitation. Since issuance of notice is bad in law, consequent orders is liable to be quashed.

LTCG on Penny Stocks: Report Not Before AO Can’t Make Order Prejudicial to Revenue

November 18, 2024 492 Views 0 comment Print

Analysis of ITAT Kolkata’s ruling in Usha Devi Modi vs ITO on Section 263 of the Income Tax Act, addressing capital gains on penny stocks and revisionary jurisdiction.

LTCG on sale of shares: Addition based on mere generalized reports & conjectures not sustainable

November 18, 2024 2067 Views 0 comment Print

ITAT Kolkata rules in Shashi Bala Bajaj vs ITO that LTCG addition based on generalized reports, suspicion, and conjectures is not sustainable.

ITAT Grants Section 10(23C)(iiiab) Exemption Despite Late Income Tax Return Filing

November 16, 2024 531 Views 0 comment Print

ITAT Kolkata rules that exemption under Section 10(23C)(iiiab) cannot be denied for late filing of income tax return, directing the grant of exemption to Haringhata Mahavidyalay.

No applicability of Doctrine of Merger as Income retained by CPC was same as from Intimation u/s 143(1)(a)

November 13, 2024 582 Views 0 comment Print

Assessee had been mainly providing e-platform for conducting e-auction, e-procurement services for disposal of scrap arisings, surplus stores, etc. from PSUs and Government Departments including Defence.

Appeal dismissed as tax effect below monetary limit as specified by CBDT: ITAT Kolkata

November 9, 2024 528 Views 0 comment Print

ITAT Kolkata dismissed the appeal preferred by the revenue since tax effect is below the threshold specified by CBDT vide circular no. 5 of 2004 dated 15.03.2024 and also the case doesn’t fall under any exception as per CBDT circular.

No Section 272A(1)(d) Penalty for Non-Compliance due to Consultant’s Failure to inform

October 29, 2024 8667 Views 0 comment Print

ITAT Kolkata cancels ₹20,000 penalty imposed on SNG Microns by NFAC, citing lack of proper notice and communication as grounds for the decision.

Stamp duty value on date of agreement to be considered when date of agreement and registration is different

October 25, 2024 1842 Views 0 comment Print

ITAT Kolkata held that when date of agreement and date of registration are not same, then, stamp duty value on the date of agreement should be considered. Accordingly, since difference is less than 10%, hence addition u/s. 56(2)(vii) unjustified.

Allotment letter given by developer construed as agreement of purchase: ITAT Kolkata

October 23, 2024 657 Views 0 comment Print

ITAT Kolkata held that allotment letter given by the developer to the assessee way back in 2010 would be construed as an agreement of purchase between the developer and the assessee. Thus, addition u/s. 56(2)(vii)(b) of the Income Tax Act not survived.

No addition u/s 68 of ₹2.30 Crore as assessee had duly discharged burden of proof of share transactions

October 23, 2024 639 Views 0 comment Print

Assessee was a private limited company registered as a non-banking finance company (NBFC) with the RBI, engaged in providing loans, advances, and dealing in shares and securities.

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