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    <title>2017 (2) TMI 685 - ITAT KOLKATA</title>
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    <description>The Tribunal held that in assessments under section 153A, if no incriminating material is found, the Assessing Officer cannot make additions and must adopt the total income determined in the unabated assessment. Sales tax remission was deemed a capital receipt not taxable. The issue of disallowance under section 80-IA was remanded for profit determination. Transfer pricing adjustments favored LIBOR rates. Disallowance under section 14A was limited to dividend-yielding investments. Forfeiture of share warrants was considered a capital receipt. The Tribunal directed verification of TDS certificates and allowed carry forward of unclaimed additional depreciation. Sales proceeds of CER units were treated as capital receipts, and depreciation adjustments were disallowed.</description>
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    <pubDate>Fri, 25 Nov 2016 00:00:00 +0530</pubDate>
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      <title>2017 (2) TMI 685 - ITAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=338985</link>
      <description>The Tribunal held that in assessments under section 153A, if no incriminating material is found, the Assessing Officer cannot make additions and must adopt the total income determined in the unabated assessment. Sales tax remission was deemed a capital receipt not taxable. The issue of disallowance under section 80-IA was remanded for profit determination. Transfer pricing adjustments favored LIBOR rates. Disallowance under section 14A was limited to dividend-yielding investments. Forfeiture of share warrants was considered a capital receipt. The Tribunal directed verification of TDS certificates and allowed carry forward of unclaimed additional depreciation. Sales proceeds of CER units were treated as capital receipts, and depreciation adjustments were disallowed.</description>
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      <pubDate>Fri, 25 Nov 2016 00:00:00 +0530</pubDate>
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