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Search results for: ITAT Kolkata

Kolkata ITAT's Order for Vishal Pachisia

Kolkata ITAT: Deductor Can Never Be Held Liable for Non-Deposits of TDS Once Tax Has Been Deducted

Once Tax Deducted at Source (TDS) is deducted then liability for non-deposit of TDS by deductor cannot be fastened on the deductee the Kolkata bench of the Income Tax Appellate Tribunal (ITAT) ruled. The taxpayer is a salaried employee employed with M/s. Falcon Tyres Ltd. at its Kolkata office and in the year received a […]

Mumbai ITAT's Order In Case of Jignesh Chimanlal Jobanputra vs ITO

ITAT Mumbai: IT Addition Can’t Be Deleted Solely Due to Erroneous Section Mention

The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) ruled that the addition could not be deleted for the only cause that the section under which the addition is made is cited incorrectly and that it is essential to look into the merits of the case. The bench of Anikesh Banerjee (Judicial Member) and Padmavathy […]

Mumbai ITAT Order for Meyer Organics Pvt Ltd

Mumbai ITAT Directs Authority to Delete Penalty U/S 271(1)(c) for Bona Fide Mistakes 

In the matter of Meyer Organics Pvt. Ltd. vs. DCIT, the Mumbai Income Tax Appellate Tribunal (ITAT) furnished an important decision for levying the penalties under section 271(1)(c) of the Income Tax Act. The ruling of the tribunal is on the correction of bona fide glitches in the original return in the assessment proceedings. Detailed […]

Mumbai ITAT’s Order for M/S BBH Communications India Private Limited

Difference in P&L Account and 26AS Due to Declaration of Amount, Mumbai ITAT Upholds Deletion of Addition

The decision of the Commissioner of Income Tax (Appeals) (CIT (A)) is upheld by the Mumbai ITAT to annul an addition made, quoting a discrepancy between Form 26AS and the Profit & Loss Account, attributable to the declaration of service tax amounts. On 27/11/2012 when the assessee filed its income tax return the case appeared, […]

Delhi ITAT's Order for GSR Industries

Delhi ITAT: Taxation Should be Calculated As Per Actual Income Rather Than Theoretical

In a ruling that has captured the attention of tax professionals and businesses alike, the Income Tax Appellate Tribunal (ITAT) in Delhi furnished its verdict on the case between GSR Industries and the Deputy Director of Income Tax (DDIT). This case judged dated 26 December 2023, rotates about diverse problems related to income tax assessment […]

Kolkata ITAT's Order In Case of Indian Chamber of Commerce Versus DCIT

ITAT: ICC is Eligible to Claim Tax Exemption In Respect of Receiving from Conferences & Seminars

The Indian Chamber of Commerce (ICC) is qualified to claim exemption concerning its complete receipts the Kolkata Bench of the Income Tax Appellate Tribunal (ITAT) ruled. Rajesh Kumar (Accountant Member) has noted that the Indian Chamber of Commerce (ICC) does not engage in organizing meetings, seminars, and conferences for business purposes. Instead, these activities are […]

Kolkata CESTAT's Order for Shri. Rajeshwar Prasad Choudhari

CESTAT Kolkata Rejects Tax Demand, No Verification By Dept for the Amount Noted in Form 26AS

The demand for Service Tax only based on form 26 AS given via the income tax department has been set aside by the Kolkata Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT). The Appellant, Shri. Rajeshwar Prasad Choudhari contested the impugned order passed through the Commissioner (Appeals), CGST & CX Ranchi, wherein […]

Kolkata CESTAT's Order for M/s. Bansal Biscuits Private Limited

Kolkata CESTAT Allows Service Tax Refund as Biscuits Can Qualify as Foodstuff

The Kolkata Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has ruled that biscuits can be considered ‘foodstuff’ and thus qualify for the exemption from service tax. The bench, comprising R. Muralidhar (Judicial Member) and K. Anpazhakan (Technical Member), has granted the refund that was initially denied by the adjudicating authority due to […]

Kolkata CESTAT's Order for M/s. Piyush Sharma

CESTAT, Kolkata: Tax Demand Basis on 26AS Form Without Investigation is Not Valid

The CESTAT in the case of M/s. Piyush Sharma v. Commissioner of CGST & CX, Patna-I [Service Tax Appeal No.75856 of 2021 dated October 17, 2023] has ruled that the service tax claim, which relies on Form 26AS from the Income Tax Department without any scrutiny, is incorrect. Key Facts of the Case M/s. Piyush […]

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