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    <title>2018 (11) TMI 594 - ITAT KOLKATA</title>
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    <description>ITAT Kolkata held that a section 68 addition for share capital and share premium could not be finally sustained where the assessee had not received summons under section 131 and the enquiry was incomplete; the matter was remanded to the Assessing Officer for de novo adjudication after granting adequate opportunity and carrying out proper verification. It further held that a disallowance under section 14A read with rule 8D was untenable because the assessee had no exempt dividend income during the year, so the statutory basis for disallowance did not survive. The appeal thus succeeded to the extent of deletion of the section 14A disallowance, with the section 68 issue sent back for fresh consideration.</description>
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    <pubDate>Fri, 09 Nov 2018 00:00:00 +0530</pubDate>
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      <title>2018 (11) TMI 594 - ITAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=370251</link>
      <description>ITAT Kolkata held that a section 68 addition for share capital and share premium could not be finally sustained where the assessee had not received summons under section 131 and the enquiry was incomplete; the matter was remanded to the Assessing Officer for de novo adjudication after granting adequate opportunity and carrying out proper verification. It further held that a disallowance under section 14A read with rule 8D was untenable because the assessee had no exempt dividend income during the year, so the statutory basis for disallowance did not survive. The appeal thus succeeded to the extent of deletion of the section 14A disallowance, with the section 68 issue sent back for fresh consideration.</description>
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      <pubDate>Fri, 09 Nov 2018 00:00:00 +0530</pubDate>
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