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
![Income shall be determined on Net Profit even though Society is not Registered u/s 12A of Income Tax Act: ITAT allows Deduction of Expenditure [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/Income-shall-be-determined-on-Net-Profit-even-Society-Registered-Income-Tax-Act-ITAT-allows-Deduction-of-Expenditure-TAXSCAN.jpg "Income shall be determined on Net Profit even though Society is not Registered u/s 12A of Income Tax Act: ITAT allows Deduction of Expenditure [Read Order]")
Income shall be determined on Net Profit even though Society is not Registered u/s 12A of Income Tax Act: ITAT allows Deduction of Expenditure [Read Order]
The Kolkata bench of the Income Tax Appellate Tribunal (ITAT) allowed deduction of expenditure and held that the income shall be determined on net...
![Appeal failed in absence of Name of Assesee in Form 26AS: ITAT allows to Make Necessary Corrections [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/Appeal-Name-Assesee-Form-26AS-ITAT-Necessary-Corrections-TAXSCAN.jpg "Appeal failed in absence of Name of Assesee in Form 26AS: ITAT allows to Make Necessary Corrections [Read Order]")
![Fee for providing Supervisory Service for manufacturing of linear polyethylene under Composite Contract are FTS under UK and India DTAA: ITAT upholds Revision Order [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/Fee-for-providing-supervisory-Service-Fee-Supervisory-Service-linear-polyethylene-Composite-Contract-FTS-DTAA-ITAT-upholds-Revision-Order-ITAT-Revision-Order-Taxscan.jpg "Fee for providing Supervisory Service for manufacturing of linear polyethylene under Composite Contract are FTS under UK and India DTAA: ITAT upholds Revision Order [Read Order]")
![Foreign Tax Credit cannot be Denied for Technicality of not Filing Form 67 within Due Date of Return u/s 139(1) of Income Tax Act: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/Foreign-Tax-Credit-Foreign-Tax-Tax-Credit-Filing-Form-67-within-Due-Date-of-Return-Filing-Form-67-Due-Date-of-Return-Due-Date-Income-Tax-Act-Income-Tax-ITAT-Taxscan.jpg "Foreign Tax Credit cannot be Denied for Technicality of not Filing Form 67 within Due Date of Return u/s 139(1) of Income Tax Act: ITAT [Read Order]")
![No disallowance on Account of Bonus outstanding paid before due date of filing of Return: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/disallowance-account-bonus-outstanding-due-date-filing-return-ITAT-TAXSCAN.jpg "No disallowance on Account of Bonus outstanding paid before due date of filing of Return: ITAT [Read Order]")
No Failure to Disclose Material Facts fully: ITAT invalidates Assessment Reopened after Four Years [Read Order]
The Kolkata Bench of Income Tax Appellate Tribunal (ITAT) has invalidated assessment reopened after four years as there was no failure to disclose the material facts fully. The assessment order...
![No Failure to Disclose Material Facts fully: ITAT invalidates Assessment Reopened after Four Years [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/ITAT-invalidates-assessment-reopened-ITAT-assessment-taxscan.jpg "No Failure to Disclose Material Facts fully: ITAT invalidates Assessment Reopened after Four Years [Read Order]")
Power to Transfer Appeals is vested with Respective Benches of ITAT, and not with President: ITAT Dismisses Appeal [Read Order]
The Kolkata bench of the Income Tax Appellate Tribunal (ITAT) has dismissed an appeal filed by the revenue, i.e. the Income Tax Department, challenging the order of the Bangalore bench of the ITAT....
![Power to Transfer Appeals is vested with Respective Benches of ITAT, and not with President: ITAT Dismisses Appeal [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/Transfer-Appeals-Appeal-Power-to-Transfer-Appeals-Respective-Benches-ITAT-ITAT-Dismisses-Appeal-Taxscan.jpg "Power to Transfer Appeals is vested with Respective Benches of ITAT, and not with President: ITAT Dismisses Appeal [Read Order]")
Repair and Maintenance Expenses are Revenue in Nature: ITAT Allows Deduction u/s 37(1) [Read Order]
The Kolkata Bench of the Income Tax Appellate Tribunal (ITAT) has allowed the deduction of repair and maintenance expenses as revenue expenditure under Section 37(1) of the Income Tax Act, 1961. The...
![Repair and Maintenance Expenses are Revenue in Nature: ITAT Allows Deduction u/s 37(1) [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/Repair-Maintenance-Expenses-Revenue-Nature-ITAT-Deduction-taxscan.jpeg "Repair and Maintenance Expenses are Revenue in Nature: ITAT Allows Deduction u/s 37(1) [Read Order]")
Section 43CA of Income Tax Act not Applicable to Sale Agreement Entered Before 1.4.2014: ITAT deletes Addition [Read Order]
The Kolkata Bench of Income Tax Appellate Tribunal (ITAT) has deleted the addition holding that Section 43CA of the Income Tax Act 1961 would not apply to the sale agreement entered before 1.4.2014. ...
![Section 43CA of Income Tax Act not Applicable to Sale Agreement Entered Before 1.4.2014: ITAT deletes Addition [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/Section-Income-Tax-Act-Applicable-Sale-Agreement-ITAT-taxscan.jpg "Section 43CA of Income Tax Act not Applicable to Sale Agreement Entered Before 1.4.2014: ITAT deletes Addition [Read Order]")
Issuance of notice u/s 148 of Income Tax Act for Reassessment shall not be made without Reasonable Belief: ITAT [Read Order]
The Income Tax Appellate Tribunal (ITAT) Kolkata Bench held that the issue of notice under Section 148 of Income Tax Act, 1961 for reopening of assessment should not be made without reasonable...
![Issuance of notice u/s 148 of Income Tax Act for Reassessment shall not be made without Reasonable Belief: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/07/Issuance-notice-Income-Tax-Act-Reassessment-Reasonable-Belief-ITAT-taxscan.jpg "Issuance of notice u/s 148 of Income Tax Act for Reassessment shall not be made without Reasonable Belief: ITAT [Read Order]")
No addition can be made on basis of Notional Interest due to failure to Receive Interest for loan Advances by assessee Finance Company: ITAT [Read Order]
The Income Tax Appellate Tribunal (ITAT) Kolkata Bench held that no addition could be made on basis of notional interest due to failure to receive Interest for the loan advanced by the...
![No addition can be made on basis of Notional Interest due to failure to Receive Interest for loan Advances by assessee Finance Company: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/07/Notional-Interest-failure-to-receive-Interest-for-loan-failure-to-receive-Interest-Interest-for-loan-loan-Interest-Finance-Company-ITAT-Taxscan.jpg "No addition can be made on basis of Notional Interest due to failure to Receive Interest for loan Advances by assessee Finance Company: ITAT [Read Order]")
Income Tax is not Leviable on Award received on Compulsory Acquisition of Agricultural Land of Partnership Firm: ITAT [Read Order]
The Kolkata Bench of Income Tax Appellate Tribunal (ITAT) held that Income Tax is not leviable on award received on the compulsory acquisition of the agricultural land of partnership firm. The...
![Income Tax is not Leviable on Award received on Compulsory Acquisition of Agricultural Land of Partnership Firm: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/07/Income-Tax-Award-received-on-Compulsory-Acquisition-of-Agricultural-Land-of-Partnership-Firm-ITAT-Agricultural-Land-of-Partnership-Firm-Award-received-Agricultural-Land-Partnership-Firm-taxscan.jpg "Income Tax is not Leviable on Award received on Compulsory Acquisition of Agricultural Land of Partnership Firm: ITAT [Read Order]")