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ITAT Kolkata

Reopening of assessment for contingent nature of addition unsustainable

January 10, 2023 4113 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 1368 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 3147 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 885 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 1092 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 519 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 […]

ITAT deletes addition for ESI contribution due to Typographical Mistake In writing year of deposit

January 3, 2023 723 Views 0 comment Print

Crawley & Roy Founders Engineers Pvt. Ltd Vs DCIT (ITAT Mumbai) In respect of addition made for delay in depositing of employees’ contribution to ESI, from the perusal of Form 3CD, we note that there is a typographical mistake in writing the year of deposit which has been mentioned as 2018 instead of 2017 as […]

ITAT quashes rectification order & demand; Says assessee seems to be a victim of official apathy

January 3, 2023 555 Views 0 comment Print

Kkalpana Plastick Ltd Vs ITO (ITAT Kolkata) After hearing the rival contentions of the ld. representatives of the parties and going through the record, we are of the view that in this case, the assessee seems to be a victim of official apathy. The facts of the file reveal beyond doubt that the assessee filed […]

ITR forms are highly complicated & lacks interlinking & auto-correction

January 3, 2023 8166 Views 0 comment Print

ITR form furnished before us is highly complicated and since the different column of the ITR was not interlinked, therefore, there was no auto-correction and hence there was mismatch of figures in the relevant/corresponding columns of ITR.

Addition u/s 68 unsustainable regarding trading liabilities with availability of corresponding purchases

January 2, 2023 3990 Views 0 comment Print

ITAT Kolkata held that liabilities which are incurred as trading liabilities with corresponding purchases cannot be subject matter of addition under section 68 of the Income Tax Act.

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