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ITAT Kolkata

No Section 140A(3) Penalty for Non-Payment of Taxes on Returned Income Post AY 1989-90

October 17, 2024 804 Views 0 comment Print

ITAT Kolkata ruled that penalties under Section 140A(3) are not applicable for non-payment of taxes on self-assessed income post-AY 1989-90.

PCIT’s Section 263 Revision Unjustified Without Proving Error & loss to revenue

October 10, 2024 342 Views 0 comment Print

PCIT’s revisionary order under Section 263 was unjustified if PCIT failed to demonstrate how the original assessment was erroneous and prejudicial to the interest of revenue

Section 50C Not Applicable: FMV and Sale Price Difference Within 10%

September 30, 2024 891 Views 0 comment Print

ITAT Kolkata allows Nalanda Builders appeal on property sale valuation but upholds disallowance of short-term capital loss on share sales. Key details inside.

Section 115BAA: No Fresh Form 10IC Needed for Lower Tax Rate in Subsequent Years

September 30, 2024 540 Views 0 comment Print

ITAT Kolkata ruled in favor of Narayani Laxmi Viniyog Pvt. Ltd., applying a 22% tax rate under Section 115BAA despite CPC’s 40% tax assessment for AY 2023-24.

Section 271(1)(c) penalty unjustified on estimated addition to income

September 30, 2024 447 Views 0 comment Print

ITAT Kolkata allows appeal, deletes Rs. 1,99,911 penalty imposed under Section 271(1)(c) of the Income Tax Act for commission income estimation dispute.

AO Cannot Make other Additions in Reassessment if No Addition on Recorded Issue

September 26, 2024 723 Views 0 comment Print

ITAT Kolkata quashes DCIT’s reassessment of Ganesh Steel for AY 2012-13 due to jurisdictional errors and invalid addition of bogus purchases under Section 69C.

Section 263 Revision Untenable Without Proving Assessment Order’s Error & Revenue Prejudice

September 21, 2024 903 Views 0 comment Print

The ITAT Kolkata quashed Section 263 proceedings against Nalanda Engicon, ruling that the prior approval under Section 153D was sufficient to invalidate the revision.

ITAT condones delay in filing Form-10B as it was a procedural lapse rather than a substantial one

September 5, 2024 3126 Views 0 comment Print

ITAT Kolkata remands case of Daroga Family Foundation to reconsider condonation of delay in filing Form-10B due to COVID-19. The delay caused denial of tax exemption.

PCIT’s Revision Jurisdiction Time-Barred: Two-Year Limit Starts from Original Assessment, Not Reassessment

September 1, 2024 285 Views 1 comment Print

ITAT Kolkata ruled that PCIT’s revision under section 263 was time-barred as it exceeded the limitation period, invalidating the assessment revision.

Section 153A Addition Valid Only if Based on Material Seized during search: ITAT Kolkata

August 18, 2024 345 Views 0 comment Print

ITAT Kolkata held that additions u/s. 153A of the Income Tax Act could only be made on the basis of seized material found during the course of search. Thus, making additions in regular assessment without any incriminating material relating to said addition not justified.

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