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ITAT Kolkata

AO must give TDS credit on furnishing of TDS certificate by Assessee despite mismatch with NSDL data

January 15, 2023 4089 Views 0 comment Print

Machine Tools India Ltd. Vs ACIT (ITAT Kolkata) CBDT has issued instruction from time to time to the AO’s qua the manner of processing the return and giving TDS credit. Delhi High Court in the case of Own Motion and Ors. Vs. CIT & Ors. In [2013] 352 ITR 273 (Delhi) issued seven mandamuses for […]

Disclosure of undisclosed income can be further added as undisclosed stock

January 13, 2023 2073 Views 0 comment Print

ITAT Kolkata held that disclosure of undisclosed income under IDS, 2016 on which taxes are duly paid cannot be further added as undisclosed stock. Claim of set off of undisclosed income duly available against the undisclosed stock surrendered during the course of survey.

ITAT deletes section 271DA penalty as cash deposit was by a party from remote location

January 13, 2023 4158 Views 0 comment Print

Assessee demonstrated that cash deposit in its bank account by a party in the state of Assam is against its sales realisation and is duly accounted in its books of account and offered for taxation.

Revisional Jurisdiction cannot be invoked merely for mismatch of truck number

January 12, 2023 708 Views 0 comment Print

PCIT wrongly proceeded to set aside assessment order due to mismatch of truck number in two invoices, which was visibly a clerical mistake.

Reopening of assessment for contingent nature of addition unsustainable

January 10, 2023 4053 Views 0 comment Print

ITAT Kolkata held that addition cannot be made on protective basis in the reopened assessment proceeding as the assessment cannot be reopened for a contingent nature of addition.

Penalty u/s 271AAB not imposable in absence of specific charge

January 9, 2023 1329 Views 0 comment Print

ITAT Kolkata held the levy of penalty under section 271AAB of the Income Tax Act without specifying the charge on which the same is imposable is unsustainable in law.

Income from Tea bushes & shade trees grown for protection of tea bushes is Agricultural Income

January 8, 2023 3105 Views 0 comment Print

Doloo Tea Company (India) Ltd Vs ACIT (ITAT Kolkata) Admittedly, in this case in hand, the land has already been treated as agricultural land not capital in nature and the tea bushes have been cultivated by the assessee to obtain tea leaves and the shade trees are grown by the assessee for the protection of […]

Mere Use of Building without consideration by Trust cannot be said as unexplained investment

January 8, 2023 864 Views 0 comment Print

Merely because building was used by assessee-trust without consideration that cannot be said to be, in any way, any unexplained investment by assessee-trust justifying addition under section 69

Revisionary proceedings justified for failure to enquire about bogus transaction from penny stock companies

January 6, 2023 1065 Views 0 comment Print

ITAT Kolkata held that invoking revisionary proceedings justified as AO failed to conduct the enquiry about the bogus transactions inspite of the report of the Investigation Wing containing the list of 84 companies found to be penny stock companies available in the Income Tax Portal.

ITAT deletes Addition for share application/premium received

January 5, 2023 483 Views 0 comment Print

A.G. Ferro Cast P Ltd Vs ITO (ITAT Kolkata) A perusal of the assessment order reveals that the order of the Assessing Officer is short and cryptic wherein no reasoning has been given as to why the Assessing Officer has treated the share application/share premium received from one party M/s Lagan Vincom Pvt. Ltd. as […]

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