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ITAT Kolkata

AO not justified in taking two views in respect of same transaction/bank deposits

July 3, 2022 1524 Views 0 comment Print

Swami Shibrupananda Jayrambati Ramkrishna Saradamath & Mission Vs ITO (ITAT Kolkata) Ld. AO had taken two views in respect of same transaction/bank deposits made by the assessee, one pre-demonetization period deposits, which he treated as income from profession of the assessee and 50% of such deposits treated as income from profession. On the other hand, […]

No denial of TDS credit for mere Wrong Mentioning of PAN by Deductors

June 30, 2022 1707 Views 0 comment Print

Dilip B. Desai Vs ACIT (ITAT Kolkata) From 01.04.2010 the business of the assessee was converted from sole proprietorship concern to newly incorporated partnership concern in the name of ‘D.B. Desai & Associates’ and PAN allotted to it is ‘AAHFD1697D’. Since the business was shifted to the partnership firm from 01.04.2010 all the relevant information […]

Adjustment in transfer price on sole criteria of extraordinary profit unjustified

June 29, 2022 1392 Views 0 comment Print

Held that mere extraordinary profit cannot be criteria for adjustment in the transfer price

No section 40A(3) Disallowance for cash payment by agents

June 29, 2022 1707 Views 0 comment Print

Explore Gouri Shankar Jain case against CIT(A) regarding disallowance under Section 40A(3) for repairs. Detailed analysis, exceptions under Rule 6DD(k), and the tribunal decision.

In absence of Jurisdiction over Assessee AO cannot issue Section 143(2) Notice

June 28, 2022 2337 Views 0 comment Print

Explore the legal intricacies of Anil Kumar Khetawat case vs. ACIT. Uncover how a jurisdictional flaw in issuing notice under section 143(2) renders the assessment proceedings void.

Share of profit, as per LLP agreement, exemption u/s 10(2A) available

June 27, 2022 2496 Views 0 comment Print

The assessee has received the share of profit as per the terms of the LLP agreement and, therefore, the same has rightly been held to be exempted u/s 10(2A) of the Act.

Organizing of golf tournament is not educational activity

June 24, 2022 1578 Views 0 comment Print

Rajiv Gandhi Indian Institution of Management Vs DCIT (ITAT Kolkata) ITAT held that so far as organizing golf tournament is concerned, the said event cannot be said to be a part of the educational activity for which the Trust is established. Therefore, so far as golf tournament is concerned the said activity is not educational […]

Section 14A applicable to strategic investment generating exempt dividend income

June 24, 2022 2343 Views 0 comment Print

Explore the impact of Maxopp Investment Ltd. vs CIT on Section 14A disallowance. ITAT Kolkata sets aside Ld. CIT(A) order, directing re-computation in light of strategic investments.

No section 43B disallowance can be made for bank interest not claimed in P&L A/c

June 22, 2022 3396 Views 0 comment Print

ITO Vs Laxmipat Surana (ITAT Kolkata) The revenue’s grievance is that the Ld. CIT(A) erred in deleting the disallowance made u/s. 43B of the Act for unpaid bank interest on secured loans of Rs. 3,55,54,116/-. We find that so far as amount of bank interest payable on the secured loans is concerned, there is no […]

Section 272A(1)(C) penalty sustainable for Violation of Section 131

June 20, 2022 1422 Views 0 comment Print

Assessee did not appear on the date of hearing and did not furnish any application stating any reasonable cause for not appearing on the given date nor requested any adjournment. Thus, there is a clear violation of provision of Section 131 of the Act and penalty u/s 272A(1)(C) of the Act is attracted.

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