Tag: ITAT KOLKATA

Itemized sale of the plant and machinery of chemical unit vide agreement was not the sale of the unit as a going concern and hence, the sale cannot be treated as slump sale u/s 2(42C) INCOME TAX APPELLATE TRIBUNAL “C” BENCH: KOLKATA I.T.A No.330/Kol/2013 Assessment Year: 2009-10 Hindustan Engineering & …

Loans Advance given on interest not deemed dividend u/s 2(22)(e) as shareholder not derive benefit from funds of company When the company was compensated by way of interest on loan taken, the assessee shareholder in real sense did not derive any benefit from the funds of the Company …

Property Fair market value as on 01-04-1981 based on market rates taken from Sub-Registry records not without basis The fair market value of the property as on 01.04.1981 by the Registered Valuer on the basis of prevailing market rate from the relevant records of Sub-Registry Office as well as …

Allowability of interest as cost of acquisition of capital asset u/s 48(ii) is highly debatable, not open for revision u/s 263 by CIT The issue relating to the allowability of interest as the part of cost of acquisition of the capital asset under section 48(ii) is highly debatable …

CIT Appeals order passed ex parte without giving another opportunity or mentioning reasons for additions sustained is bad INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH ‘A’, KOLKATA ITA No. 766/Kol/2013 : Asstt. Year : 2009-2010 Asish Ranjan Chowdhury (APPELLANT)  vs. I.T.O. (RESPONDENT) Date of Order: 11/03/2016 ORDER Per Shri S.S.Viswanethra Ravi, J.M. …

Section 12AA 80G5 charitable trust approval-rejection on defective dissolution clause in deed is beyond the scope of enquiry for grant of registration INCOME TAX APPELLATE TRIBUNAL, KOLKATA ‘A’ BENCH, KOLKATA I.T.A. Nos. 1456 & 1457/KOL/ 2015 RP-Sanjiv Goenka Group CSR Trust …. Appellant vs. CIT (Exemptions) …. Respondent Date of …

If higher GP rate applied no further trading account disallowance can be made INCOME TAX APPELLATE TRIBUNAL, KOLKATA ‘B’ BENCH, KOLKATA I.T.A. No. 1307/KOL/ 2013 Assessment Year: 2007-2008 Income Tax Officer….Appellant vs. Smt. Farida Begum….Respondent Date of Order: 04-03-2016 ORDER Per Shri P.M. Jagtap :- This appeal is preferred …

CIT-Appeals has no power u/s 251 to send back file to AO to verify claim of the assessee. INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH ‘A’, KOLKATA ITA No. 196/Kol/2013 : Asstt. Year : 2009-2010 ITO (APPELLANT)  vs. Satyapriya Joardar (RESPONDENT) Date of Order: 04-03-2016 ORDER Per Shri S.S.Viswanethra Ravi, J.M. This …

No Penalty 271(1)(c) if income offered u/s 132(2) is accepted by Assessing Officer u/s 153A and assessed INCOME TAX APPELLATE TRIBUNAL, KOLKATA ‘A’ BENCH, KOLKATA I.T.A. No. 622/KOL/ 2008 Assessment Year: 2003-2004 Smt. Sarita Mohta……Appellant vs. Deputy Commissioner of Income Tax……..Respondent Date of Order: 04-03-2016 ORDER Per Shri P.M. …

Cash advance received adjusted against sales could not be added u/s 68 treating the same as unexplained THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA ‘SMC’ BENCH, KOLKATA I.T.A. No. 2284/KOL/ 2014 Assessment Year: 2009-2010 M/s. Narendra Nath Paul (Appellant ) vs. Income Tax Officer (Respondent) Date of Order: 10-02-2016 …