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
![Payment of PF and ESI cannot be basis of deciding Whether there Exist Employer and Employee Relationship: ITAT Kolkata [Read Order]](https://www.taxscan.in/wp-content/uploads/2016/09/ITAT-Ahmedabad.jpg "Payment of PF and ESI cannot be basis of deciding Whether there Exist Employer and Employee Relationship: ITAT Kolkata [Read Order]")
Payment of PF and ESI cannot be basis of deciding Whether there Exist Employer and Employee Relationship: ITAT Kolkata [Read Order]
In Tapas Paul v. ACIT, the division bench of the Kolkata ITAT held that the payment of PF and ESI by the employer cannot be the basis of deciding...
![Provisions relating to Unexplained Cash Credit u/s 68 are Applicable to Share Capital/ Premium even before the amendment in 2012: ITAT Kolkata [Read Order]](https://www.taxscan.in/wp-content/uploads/2016/06/Sale-of-Shares-Tax-Scan.jpg "Provisions relating to Unexplained Cash Credit u/s 68 are Applicable to Share Capital/ Premium even before the amendment in 2012: ITAT Kolkata [Read Order]")
![Payments towards Labour Welfare Board & PF are Deductible If the Payments are made within grace period: ITAT Kolkata [Read Order]](https://www.taxscan.in/wp-content/uploads/2017/03/Provident-Fund-Taxscan.jpg "Payments towards Labour Welfare Board & PF are Deductible If the Payments are made within grace period: ITAT Kolkata [Read Order]")
![TDS Provisions not Applicable when there is No Element of Income and there is Mere Reimbursement: ITAT Kolkata [Read Order]](https://www.taxscan.in/wp-content/uploads/2016/09/Tax-dedution-at-source-TDS-Tax-Scan.jpg "TDS Provisions not Applicable when there is No Element of Income and there is Mere Reimbursement: ITAT Kolkata [Read Order]")
![Payment made for the use of Computer Software is not ‘Royalty’ as per Indo-Singapore DTAA: ITAT Kolkata [Read Order]](https://www.taxscan.in/wp-content/uploads/2017/03/Computer-Software.jpg "Payment made for the use of Computer Software is not ‘Royalty’ as per Indo-Singapore DTAA: ITAT Kolkata [Read Order]")
‘Cost of Acquisition’ includes the Interest Paid on Loan for Purchasing Property, Deductible from ‘Capital Gain’: ITAT Kolkata [Read Order]
In ACIT v. Mrs. Sheela Chopra, the Kolkata bench of the ITAT ruled that the amount of interest paid on loan taken for purchasing the property is an expenditure under section 48 of the Income Tax Act....
![‘Cost of Acquisition’ includes the Interest Paid on Loan for Purchasing Property, Deductible from ‘Capital Gain’: ITAT Kolkata [Read Order]](https://www.taxscan.in/wp-content/uploads/2016/09/ITAT-Kolkata-TaxScan.jpg "‘Cost of Acquisition’ includes the Interest Paid on Loan for Purchasing Property, Deductible from ‘Capital Gain’: ITAT Kolkata [Read Order]")
Assessment u/s 153A is Invalid in the Absence of any ‘Incriminating Material’ found during Search: ITAT Kolkata [Read Order]
In Sri Krishna Ghosh v. ACIT, the Income Tax Appellate Tribunal (ITAT), Kolkata bench held that assessment under section 153A of the Income Tax Act must be made only on the basis of incriminating...
![Assessment u/s 153A is Invalid in the Absence of any ‘Incriminating Material’ found during Search: ITAT Kolkata [Read Order]](https://www.taxscan.in/wp-content/uploads/2017/01/Re-Assessment-Taxscan.jpg "Assessment u/s 153A is Invalid in the Absence of any ‘Incriminating Material’ found during Search: ITAT Kolkata [Read Order]")
Appeal is not a Proper Remedy to Cure the Defects in Appeal: ITAT Kolkata says Re-Assessment is for the benefit of Revenue, not for Assessee
In Hareram Koley v. ITO, the Kolkata ITAT ruled that the defects committed by the assessee at the time of filing returns cannot be corrected through the appeal since it is not the proper remedy for...
Bad Debt is deductible once it is written off in the BoA, Assessee need not to prove that the Debt is Irrecoverable: ITAT Kolkata [Read Order]
In ITO v. M/s. Rightex Commerce Pvt. Limited, the ITAT, Kolkata held that deduction I allowable on bad debts once it is written off in the books of accounts of the assessee. While dismissing the...
![Bad Debt is deductible once it is written off in the BoA, Assessee need not to prove that the Debt is Irrecoverable: ITAT Kolkata [Read Order]](https://www.taxscan.in/wp-content/uploads/2017/01/Bad-Debt-Taxscan.jpg "Bad Debt is deductible once it is written off in the BoA, Assessee need not to prove that the Debt is Irrecoverable: ITAT Kolkata [Read Order]")
Mere Failure on part of Assessee to furnish Complete details of Sundry Creditors is not a Sole Ground for Assessment: ITAT Kolkata
In DCIT v. M/s. SPML CISC (JV), the ITAT Kolkata ruled that failure on the part of the assessee to furnish the complete details of sundry creditors alone is not a sufficient ground for completing...
![Amount Paid as Cess on Green Leaf is Deductible from Composite Income: ITAT Kolkata [Read Order]](https://www.taxscan.in/wp-content/uploads/2017/02/CESS-Taxscan.jpg "Amount Paid as Cess on Green Leaf is Deductible from Composite Income: ITAT Kolkata [Read Order]")
Retainership Fee Paid to the Advisor cannot be disallowed when the service was availed for Gaining both Taxable and Exempted Income: Kolkata ITAT [Read Order]
In a recent ruling, the division bench of the Kolkata ITAT ruled that the retainership fee paid to a person for rendering advisory services on investments cannot be disallowed by invoking section 14A...