ITAT Bangalore

Section 12AA Application cannot be rejected without affording opportunity of being heard to assessee

Sri Sahasra Lingeshwara Mahakali Devasthana Vs CIT (E) (ITAT Bangalore)

As CIT(E) rejected assessee’s application for registration ex-parte under section 12AA without affording reasonable opportunity of being heard to assessee in terms of section 12AA(1)(b)(ii), therefore, the matter was restored back to the file of the CIT (Exemptions) for fresh examination and adjudication....

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Sec. 54 exemption cannot be denied for non-filing of Income Tax Return

Smt. Tupel Raja Iyengar Shakuntala Vs ITO (ITAT Bangalore)

Assessee was entitled to claim long term capital gain exemption under section 54 on sale of property and the same could not be denied on the ground that income tax return was not filed declaring such income....

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Revenue cannot raise a totally new basis of assessment in MA

JCIT Vs Ms Flipkart India Private Limited (ITAT Bangalore)

JCIT Vs Ms Flipkart India Private Limited (ITAT Bangalore) Learned DR was unable to explain the relevance of the documents now sought to be filed before us for deciding the issue that was for consideration before the AO. As we have already mentioned these documents were neither the basis of assessment or the basis of […]...

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CIT(A) cannot declare TDS return filed by assessee as invalid

Manoj Kumar Jaiswal Vs ACIT, CPC-TDS (ITAT Bangalore)

CIT(Appeals) had no power in the appeal in the present case to declare the return of TDS filed by the assessee as non est in law. In that view of the matter, we are of the view that the conclusion of the CIT(Appeals) holding that return of TDS filed by the assessee is non est in law is not valid in the eyes of law and the said direction i...

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Depreciation allowable on Customer Relationship Rights as Goodwill

M/s. Incap Manufacturing Service Pvt. Ltd. Vs DCIT (ITAT Bangalore)

M/s. Incap Manufacturing Service Pvt. Ltd. Vs DCIT (ITAT Bangalore) The sole disputed issue raised by the assessee in respect of granting of depreciation on Customer Relationship Rights which is in the nature of non-compete fee. We found that the co-ordinate bench of the Tribunal based on the findings of the AO. has observed that [&hellip...

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Exemption u/s 54EC allowable to legal owner of property as per registered sale deed

Shri Raghuram P Nambyar Vs ACIT (ITAT Bangalore)

Assessee-wife was not entitled to claim and be allowed exemption under Section 54 and 54 EC on the basis that both assessee’s being husband and wife had suo motu offered rental income equally in their returns of income and their intentions were that said property was a joint property and both of them having equal share therein because ...

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Reason to believe shall not be disclosed to any person/ authority/ Appellate Tribunal as recorded u/s 132

M/s. Rajesh Exports Ltd. Vs ACIT (ITAT Bangalore)

Due to amendment made in section 132 by the Finance Act, 2017 w.r.e.f. 1-4-1962 the reason to believe or reason to suspect, as the case may be, shall not be disclosed to any person or authority or appellate Tribunal as recorded, by IT authority under section 132 or 132A, therefore, assessment order passed was not bad in law on account of ...

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Salary accrued outside India cannot be taxed in India merely because it is received in India

ITO (International Taxation), Vs Sri. Dylan George Smith (ITAT Bangalore)

ITO (International Taxation) Vs Dylan George Smith (ITAT Bangalore) Tribunal in the case of Prahlad Vijendra Rao (supra) in identical circumstances has held as follows: “We have heard the rival submission and perused the material on record. We are of the view that AO has wrongly construed the provision of section 5(2)(a) of the Act [&he...

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ITAT can extend Stay If Non-disposal of Appeal is not attributable to Assessee

Inatech India Pvt. Ltd. Vs The Income-tax Officer (ITAT Bangalore)

Inatech India Pvt. Ltd. Vs ITO (ITAT Bangalore) From the narration of facts with regard to the non disposal of the appeal of the Assessee, it is clear that the delay in non disposal of the appeal is not attributable to any default on the part of the assessee. The law is by now well […]...

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Review of Tribunal order on a possible hidden transaction not permissible

JCIT Vs M/s. Flipkart India Private Limited (ITAT Bangalore)

Power of review is not an inherent power but must be conferred by law either specifically or by necessary implication. Courts have consistently held that review proceedings imply those proceedings where a party, as of right, can apply for reconsideration of the matter already decided upon after a fresh hearing on the merits of the contro...

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