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ITAT Bangalore

Interest on funds which are to be deployed for construction of plant in future cannot be treated as Income

May 23, 2018 4557 Views 0 comment Print

Ms. Bank Note paper Mill India Pvt. Ltd Vs ITO (ITAT Bangalore)  ITAT held that where the interest receipt is directly connected or incidental to working of construction of assessee plant, it should be reduced from the capital cost of project and not be treated as income. Statement provided by assesse in form of Annexure […]

Section 50C- ITAT deletes addition of 8% difference in Value

May 4, 2018 1452 Views 0 comment Print

Shri B.S. Sanjay [HUF] Vs ITO (ITAT Bangalore) In the present case, the sale consideration as per sale deed is Rs. 59.40 Lakhs and the value adopted by DVO u/s. 50C (2) is Rs. 64,10,400/- and therefore, the difference between these two values is of Rs. 4,70,400/- which is less about 8% of the sale […]

AO cannot ignore sale price declared by assessee without any basis

April 25, 2018 3366 Views 0 comment Print

Flipkart India (P) Ltd. Vs ACIT (ITAT Bangalore) Where the assessee sold goods at loss in order to create market for itself, AO disregarded the loss without any basis and converted the same into income then action of AO was not justified. What can be taxed is only income that accrues or arises as laid […]

section 57(iii) Expense allowable only if the same was for earning income taxable under the head ‘income from other sources’

April 20, 2018 86634 Views 1 comment Print

Regarding the allowability of deduction under clause (iii) of section 57, it has to be established by the assessee that expenditure has been exclusively laid out or expended wholly and exclusively for the purpose of making or earning such income taxable under the head ‘income from other sources

TDS deductible on Commission retained by Airline Operators for Collecting Passenger Service Fee

April 19, 2018 5103 Views 0 comment Print

M/s. Delhi International Tax Airport Pvt. Ltd Vs DCIT (ITAT Bangalore) Once it has been repeatedly held that Airlines Operators are collecting the PSF on behalf of the Airport Authorities/Operators and the PSF is to be paid to the airport authority in terms of the notifications issued by the MOCA at different points of time,the […]

Provision for warranty made on scientific way and based on past history is allowed as deduction

April 16, 2018 2235 Views 0 comment Print

Provisions for expenditures have to be made in the reasonable way otherwise the same may be disallowed while computing the income and tax thereon of an assessee

Section 195 Payment towards Import of Software Amounts to Royalty

March 23, 2018 19800 Views 0 comment Print

The CIT (A) has failed to understand that your appellant was not under any legal obligation to effect TDS on purchase of Computer Software in F.Y. 2011-12 as these were considered as purchase of goods under the then existing provisions of law and subjected to customs duty. Purchase of computer software was brought under the definition of Royalty vide the Finance Act 2012 with retrospective effect.

Lease rental income from letting out of warehouse constitutes business income

March 23, 2018 6273 Views 0 comment Print

The assessee, a company engaged in deriving rental income from letting out of warehouse, filed its return of income for asst. year 2013­14 on 29/8/2013 declaring income of Rs. 26,97,860/- treating the rental income received there form as business receipts and offering the same for taxation of business income. The case was taken up for scrutiny and the assessment was completed u/s 143(3) of the Income-tax Act, 1961 (in short ‘the Act’) vide order dated 24/3/2016

Deduction U/s. 54F cannot be denied for Non-completion of construction of new residential house within specified period of three years

March 11, 2018 3279 Views 0 comment Print

Once assessee had invested sale proceeds of existing asset for the purpose of construction of new house within the time period specified under section 54F he could not be denied the benefit under the section, even if the assessee finally could not construct the new house within the specified period of three years.

Expense on Earning Income from Other Sources only is Allowable u/s 57(iii)

March 5, 2018 4719 Views 0 comment Print

Monarch Commodities Pvt. Ltd. Vs.  DCIT (ITAT Bangalore)  Under section 57(iii) of the Act, only those expenditure are to be allowed which are related to earning of income from other sources. Since the expenditure claimed by the assessee was not incurred to earn income from other sources, the same cannot be allowed. FULL TEXT OF […]

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