ITAT Kolkata
Explore the latest ITAT Kolkata judgments, orders, and appellate decisions on direct tax matters from the Kolkata bench of the Income Tax Appellate Tribunal
![Exemption u/s 10(23B) of Income Tax Act cannot be denied for Mere Technical Violation: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/10/Exemption-Under-Section-1023B-ITAT-Income-Tax-Act-Income-Tax-Mere-Technical-Violation-Technical-Violation-TAXSCAN.jpg "Exemption u/s 10(23B) of Income Tax Act cannot be denied for Mere Technical Violation: ITAT [Read Order]")
Exemption u/s 10(23B) of Income Tax Act cannot be denied for Mere Technical Violation: ITAT [Read Order]
The Kolkata Bench of Income Tax Appellate Tribunal (ITAT) has held that the exemption under Section 10(23B) of Income Tax Act 1961 could not be...
![AO cannot direct to produce Profit and Loss Account to show source of Expenditure not recorded in Gross Receipt u/s 44AD: ITAT deletes Penalty [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/10/AO-direct-to-produce-Profit-and-Loss-Account-to-show-source-of-Expenditure-recorded-in-Gross-Receipt-ITAT-deletes-Penalty-TAXSCAN.jpg "AO cannot direct to produce Profit and Loss Account to show source of Expenditure not recorded in Gross Receipt u/s 44AD: ITAT deletes Penalty [Read Order]")
![No Addition shall be made u/s 44AD by AO without Rejecting Books of Accounts: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/10/Addition-AO-Books-of-Accounts-ITAT-No-Addition-AO-without-Rejecting-Books-of-Accounts-ITAT-taxscan.jpg "No Addition shall be made u/s 44AD by AO without Rejecting Books of Accounts: ITAT [Read Order]")
![Addition u/s 68 of Income Tax Act can be made for Cash Credits Received by Assessee in its Account during the year Relevant to AY: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/10/Addition-Income-Tax-Act-Cash-Credits-Assessee-Account-year-Relevant-AY-ITAT-TAXSCAN.jpg "Addition u/s 68 of Income Tax Act can be made for Cash Credits Received by Assessee in its Account during the year Relevant to AY: ITAT [Read Order]")
Failure of Assessee to provide Evidence/Convincing reply about Goods received: ITAT made disallowance of 5% on account of Profit element [Read Order]
The Kolkata bench of the Income Tax Appellate Tribunal (ITAT) made a disallowance of 5% on account of the profit element due to the failure of the assessee to provide evidence/convincing reply about...
![Failure of Assessee to provide Evidence/Convincing reply about Goods received: ITAT made disallowance of 5% on account of Profit element [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/10/Failure-of-Assessee-Evidence-Convincing-reply-Goods-received-ITAT-made-disallowance-account-of-Profit-element-TAXSCAN.jpg "Failure of Assessee to provide Evidence/Convincing reply about Goods received: ITAT made disallowance of 5% on account of Profit element [Read Order]")
Additions can't be allowed on Unsecured loans incurred wholly and exclusively for Purpose of Business: ITAT [Read Order]
The Kolkata bench of the Income Tax Appellate Tribunal (ITAT) held that additions cannot be allowed on unsecured loans incurred wholly and exclusively for the purpose of business. The Assessing...
![Additions cant be allowed on Unsecured loans incurred wholly and exclusively for Purpose of Business: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/10/Additions-Unsecured-loans-incurred-wholly-and-exclusively-for-Purpose-of-Business-ITAT-TAXSCAN.jpg "Additions cant be allowed on Unsecured loans incurred wholly and exclusively for Purpose of Business: ITAT [Read Order]")
Addition u/s 69B can't be made by AO purely based upon conjectures/surmises and without considering Evidences produced: ITAT [Read Order]
The Kolkata bench of the Income Tax Appellate Tribunal (ITAT) held that the addition under Section 69B of the Income Tax Act, 1961 cannot be made by the Assessing Officer purely based upon the...
![Addition u/s 69B cant be made by AO purely based upon conjectures/surmises and without considering Evidences produced: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/10/Addition-purely-based-upon-conjectures-surmises-and-without-considering-Evidences-produced-ITAT-TAXSCAN.jpg "Addition u/s 69B cant be made by AO purely based upon conjectures/surmises and without considering Evidences produced: ITAT [Read Order]")
Documentary Evidences Furnished by Assessee to Claim Loss Suffered not held to be Bogus/False by AO during Assessment or Penalty Proceedings : ITAT Deletes Penalty u/s 271(1)(c) of Income Tax Act [Read Order]
The Kolkata Bench of Income Tax Appellate Tribunal (ITAT) held that the documentary evidences have not been held as false either by the AO during the assessment proceeding or during penalty...
![Documentary Evidences Furnished by Assessee to Claim Loss Suffered not held to be Bogus/False by AO during Assessment or Penalty Proceedings : ITAT Deletes Penalty u/s 271(1)(c) of Income Tax Act [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/10/Documentary-Evidences-Furnished-Assessee-Claim-Loss-Suffered-Bogus-False-AO-during-Assessment-Penalty-Proceedings-ITAT-Deletes-Penalty-Income-Tax-Act-TAXSCAN.jpg "Documentary Evidences Furnished by Assessee to Claim Loss Suffered not held to be Bogus/False by AO during Assessment or Penalty Proceedings : ITAT Deletes Penalty u/s 271(1)(c) of Income Tax Act [Read Order]")
Non-Consideration of Evidences Furnished to Prove Identity and Creditworthiness of Investors and Genuiness of Transaction: ITAT directs AO to Delete Income Tax Addition [Read Order]
The Kolkata Bench held that the assessee has furnished all the evidences proving identity and creditworthiness of the investors and genuineness of the transactions but AO has not commented on these...
![Non-Consideration of Evidences Furnished to Prove Identity and Creditworthiness of Investors and Genuiness of Transaction: ITAT directs AO to Delete Income Tax Addition [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/10/Additions-Income-Tax-Act-Income-Tax-Income-Tax-Act-cant-be-Initiated-by-AO-without-Furnishing-Necessary-Evidences-AO-ITAT-Taxscan.jpg "Non-Consideration of Evidences Furnished to Prove Identity and Creditworthiness of Investors and Genuiness of Transaction: ITAT directs AO to Delete Income Tax Addition [Read Order]")
Form 3CEA not filed with ITR, but filed before Final Order: ITAT allows Claim of long-term capital loss u/s 50B of Income Tax Act [Read Order]
The Kolkata bench of the Income Tax Appellate Tribunal (ITAT) allowed the claim of the long-term capital loss under Section 50B of the Income Tax Act, 1961 when the Form 3CEA was not filed with the...
![Form 3CEA not filed with ITR, but filed before Final Order: ITAT allows Claim of long-term capital loss u/s 50B of Income Tax Act [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/10/Form-3CEA-ITR-Final-Order-Order-ITAT-Claim-long-term-capital-loss-Income-Tax-Act-income-tax-ITAT-taxscan.jpg "Form 3CEA not filed with ITR, but filed before Final Order: ITAT allows Claim of long-term capital loss u/s 50B of Income Tax Act [Read Order]")
LTCG from Sale of Equity Share of Penny Stock Companies listed with BSE is not eligible for exemption u/s10(38) of I.T Act :ITAT [Read Order]
The Income Tax Appellate Tribunal (ITAT ) Kolkata bench held that long Term Capital Gain (LTCG) from sale of equity shares of penny stock companies listed with Bombay Stock Exchange (BSE) is...
![LTCG from Sale of Equity Share of Penny Stock Companies listed with BSE is not eligible for exemption u/s10(38) of I.T Act :ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/10/LTCG-Sale-of-Equity-Share-Penny-Stock-Companies-BSE-not-eligible-exemption-I.T-Act-ITAT-taxscan.jpg "LTCG from Sale of Equity Share of Penny Stock Companies listed with BSE is not eligible for exemption u/s10(38) of I.T Act :ITAT [Read Order]")