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ITAT Kolkata

Fresh adjudication directed as assessment order was dismissed on erroneous reasoning

March 4, 2023 1077 Views 0 comment Print

ITAT Kolkata held that dismissal of assessment order passed under section 143(3) on erroneous reasoning that dispute was resolved via Vivad Se Vishwas Scheme. Fresh adjudication directed to decide all the appeals on merits.

Condonation based on totally vague & unspecific explanation not granted

February 27, 2023 1845 Views 0 comment Print

ITAT Kolkata held that condonation of delay of 927 days in filing of the appeal not granted as explanation available in the affidavit is totally vague and not specific. Further, assessee neither complied with a single notice nor submitted any details.

Interest on late deposit of TDS is not allowable expenditure

February 22, 2023 2919 Views 0 comment Print

ITAT Kolkata held that interest payment on delayed deposit of Income Tax (whether in form of TDS or otherwise) is not an allowable expenditure.

Addition u/s 68 unsustainable as identity and creditworthiness of share subscribing companies proved

February 19, 2023 2130 Views 0 comment Print

ITAT Kolkata held that assessee has discharged its onus to prove the identity and creditworthiness of the share subscribing companies and the genuineness of the transactions. Accordingly addition made towards share capital and share premium u/s. 68 unsustainable.

Sale of software not taxable in terms of India-Ireland DTAA

February 16, 2023 1068 Views 0 comment Print

ITAT Kolkata held that sale of software is transfer of ‘copyrighted article’ and not transfer of any ‘copyright’ and hence cannot be characterized as ‘Royalty’. Hence, the same is not taxable in terms of India-Ireland DTAA.

ITAT upheld Share Premium addition – 95% of such appeals are filed by Shell Companies

February 15, 2023 1098 Views 0 comment Print

Arham Packaging Goods Pvt. Vs I.T.O. (ITAT Kolkata) Normally, we do not hesitate in adjourning the matters on the request of assessees but we find that it is a case of share application and share premium. There are large number of appeals pending on this issue before the Tribunal and out of them, 95% are […]

Reduction of adhoc disallowance of miscellaneous expense from 15% to 5% justified

January 31, 2023 1125 Views 0 comment Print

ITAT Kolkata held that reduction of adhoc disallowance of miscellaneous expenditure from 15% to 5% justified as 1st Appellate Authority has exercised discretion in working out the adhoc disallowance.

Appeal cannot be Condoned after 4 years if delay not explained by assessee

January 29, 2023 1536 Views 0 comment Print

Hrishikesh Mega Township (P) Limited Vs Income Tax Officer (ITAT  Kolkata) In this case satisfied that the assessee has nothing to say in support of its alleged bogus share capital claim. Apart from the above, we also notice that impugned order was passed in 2016 by the ld. 1st Appellate Authority, whereas appeal has been […]

Interest on housing loan for Construction of Rented House allowable under section 24(b)

January 27, 2023 2166 Views 0 comment Print

ITAT Kolkata ruling on Anushree Agarwal vs ACIT case. Analysis of disallowed interest and additions. Get insights into the key decisions and conclusions.

Section 40A(3) not applicable if single transaction not exceeds threshold limit

January 18, 2023 1506 Views 0 comment Print

ACIT Vs Cellbiz Services (ITAT Kolkata) CIT(A) has categorically mentioned that the cash book, purchase register and all individual invoices where cash transaction had taken place have been thoroughly checked and it is found that not a single such transaction actually exceeded the threshold limit of Rs.20,000/-. In view of the aforesaid factual finding given […]

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