ITAT Bangalore

Assessment Order not becomes Invalid for mere wrong mention of section

Shri Cherian Abraham Vs. Dy. Commissioner of Income Tax (ITAT Bangalore)

There is no dispute that the search was conducted in the previous year relevant to the assessment year under consideration therefore the provisions of Section 153C are not applicable for the assessment year under consideration however, the mention of this Section in the order is only a mistake which is covered under the provisions of Sect...

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Google Case: No stay on demand on the ground of Appeal Filing

M/s. Google India Pvt. Ltd. Vs Deputy Commissioner of Income-tax (ITAT Bangalore)

M/s. Google India Pvt. Ltd. Vs DCIT (ITAT Bangalore) The present stay petition is filed seeking further extension of the stay of demand. Admittedly there is change of the circumstances from the first stay order, since this Tribunal had disposed of the appeal involving identical issue for earlier years against the assessee. Therefore, the ...

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Interest on loan cannot be allowed to be claimed against remuneration from Partnership firm

Shri. S. P. Hombanna Vs. Income-tax Officer (ITAT Bangalore)

Interest payment cannot be permitted to be deducted against the remuneration earned by the assessee. It was submitted that the assessee was a working partner of the firm and the income earned by the assessee has no correlation with the capital contribution made by the assessee....

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No Penalty u/s 271AAA If Assessee Admitted Income during Search & Paid Tax

Asst. Commissioner of Income-tax Vs. M/s. Sree Shanmugam Modern Rice Mills Pvt. Ltd. (ITAT Bangalore)

The appellant has admitted in his sworn statement about this undisclosed income, has filed the return of income showing the same as his income & has paid the necessary taxes on this. From the case laws mentioned above, it is clear that on similar facts of the case, penalty u/s 271AAA has been cancelled. Therefore, humbly following the cas...

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Camouflaging of Loan to Director as commercial transaction: Invocation of s. 2(22)(e) justified

Shri Hemanth Kumar Bothra Vs. The Asst. Commissioner of Income-tax (ITAT Bangalore)

In the instant case, as mentioned earlier, the amounts received by assessee is nothing but loan / advance from NIPL and assessee is camouflaging the same as a commercial transaction relating to sale of property in order to get over the provisions of Section 2(22)(e) of the Income-tax Act....

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Society allowing Loan to non-members cannot claim deduction U/s. 80P

The Income Tax Officer Vs. Shri Bapooji Pattin Souhard Sahakari Niyamit (ITAT Bangalore)

The only issue in the present appeal is whether the respondent- assessee co-operative society is entitled for deduction u/s. 80P of the Act. The respondent- assessee is registered under the Karnataka Co-operative Societies Act. According to the respondent- assessee, the primary activity of the assessee is only to provide credit facilities...

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Rental Income incidental to business of assessee is eligible for deduction U/s. 10A

M/s. Infosys Limited Vs. Addl. Commissioner of Income Tax (ITAT Bangalore)

It was urged that the letting out of space to Infosys BPO Ltd. and BSNL at Chennai were therefore incidental to the business carried on by the assessee and therefore eligible for deduction under Section 10A of the Act....

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ITAT Slams CIT(A) for violation of Judicial Discipline by taking contradictory view on issue already confirmed on merit by it

Asst. Commissioner of Income Tax Vs. M/s. Sutures India Pvt. Ltd. (ITAT Bangalore)

ACIT Vs. M/s. Sutures India Pvt. Ltd. (ITAT Bangalore)- ITAT Slams CIT(A) for violation of Judicial Discipline by taking contradictory view on issue already confirmed on merit by it and CIT (Appeals) have no jurisdiction to take any decision on issue which is already been decided by CIT under Section 263....

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Interest on advances received under Sub-Lease Agreement with defective Title

Shri. Chetan Dass Vs. Joint Commissioner of Income tax (ITAT Bangalore)

The Bengaluru ITAT, on Wednesday, confirmed the dis allowance of interest expenses claimed on advances received under sub-Lease agreement since there was a defect in the title of the assessee on the subject property....

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TDS deductible on Remittance to Google Ireland by Google India

M/s. Google India Private Ltd. Vs. Addl. Commissioner of Income-tax (ITAT Bangalore)

A division bench of the Bengaluru ITAT, on Tuesday held that the distribution fee paid by Google India to Google Ireland for use of its Ad words programme is taxable in India as royalty under the provisions of the Income Tax Act, 1961....

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