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ITAT Bangalore

Imposition of penalty u/s 271FA prior to 01.04.2015 for non-furnishing of AIR by co-operative bank unsustainable

June 15, 2023 633 Views 0 comment Print

ITAT Bangalore held that co-operative bank is liable to furnish AIR only after 01.04.2016 in view of amendment under Rule 114E of Income Tax Rules, 1962. Accordingly, imposition of penalty u/s 271FA prior to 01.04.2016 is unsustainable.

ITAT Bangalore Quashes Assessment Order Due to Invalid Notice under Section 143(2)

June 14, 2023 720 Views 0 comment Print

ITAT Bangalore has quashed assessment order in case of Rajiv Gandhi University of Health Sciences against ACIT. Grounds for invalidation were non-service of a mandatory notice under section 143(2) of Income-tax Act.

Net Profit Margin Meeting Arm’s Length Price: Separate Addition not Sustainable

June 12, 2023 666 Views 0 comment Print

ITAT Bangalore held that if the net profit margin meets the Arm’s length price, then no separate addition needs to be made. Accordingly, TPO directed to delete the adjustment made towards Advertising Marketing Price (AMP) expenses.

Deduction u/s 80P(2)(d) available to co-operative society towards interest earned from co-operative banks

June 10, 2023 2631 Views 0 comment Print

ITAT Bangalore held that assessee, being a employees housing co-operative society, is eligible for deduction u/s 80P(2)(d) in respect of interest earned from co-operative banks.

TPO adjustment towards technical know-how fees after accepting entity level margins is unsustainable

June 10, 2023 1032 Views 0 comment Print

ITAT Bangalore held that the adjustment made by the TPO towards technical know-how fees despite accepting the entity level margins is liable to be deleted.

Pigmy commission treatment as salary vis-à-vis TDS u/s 192 needs re-verification

June 9, 2023 6378 Views 0 comment Print

ITAT Bangalore held that the pigmy commission will be treated as a salary and subject to the TDS under section 192 of the Act. Accordingly, matter remanded for verification.

Legal and professional expenses relating to business is revenue in nature

June 8, 2023 2451 Views 0 comment Print

ITAT Bangalore held that legal and professional charges being incurred towards business are allowable as revenue expenditure.

Proviso to section 36(1)(iii) not applicable as sufficient internal cash accruals available

June 8, 2023 1023 Views 0 comment Print

ITAT Bangalore held that proviso to Section 36(1)(iii) of the Income Tax Act is not applicable in the present case as sufficient internal cash accruals available during the impugned year are more that interest free funds advanced to the sister concern.

Depreciation u/s 32 allowable only when asset is put to use for business purpose

June 5, 2023 12180 Views 0 comment Print

ITAT Bangalore held that depreciation under section 32 of the Income Tax Act is allowable only when the asset is put to use for the business purpose. Notably, the onus is on the assessee to prove that the assets are put to use for the business purposes only.

Compulsory convertible debentures not equity – Interest allowable

June 4, 2023 6456 Views 0 comment Print

Till date of conversion, interest paid on CCDs cannot be treated as interest on equity & interest is allowable as expenditure u/s. 36(1)(iii)

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