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ITAT Bangalore

Income Tax education cess is not allowable as deduction

May 17, 2022 6540 Views 0 comment Print

Education cess is an additional surcharge levied on income tax and hence it partakes the character of income tax and is not allowable as deduction.

AO cannot treat trading liabilities as unproved on presumptions 

May 14, 2022 525 Views 0 comment Print

It is well settled proposition of law that the apprehension, howsoever strong, cannot substitute material evidences. A.O. was not justified in treating part of liabilities as unproved on presumptions, surmises and conjectures

Religious charitable trust not making any distinction between caste, creed, race, religion eligible to register as trust  for Charitable purpose

May 14, 2022 21471 Views 0 comment Print

Sri Channamallikarjuna Trust Committee Gangavathi Vs CIT (Exemption) (ITAT Bangalore) Sec. 80G applies only to charitable trusts or institutions. It does not apply to religious trusts or institutions whereas scheme of exemption u/s 12A applies to both charitable as well as religious trusts. Section 80G of the Income Tax Act’1961 provides deduction while computing the […]

Section 56(2)(vii)(a) not applies to Sum received for giving up rights to contest the will

May 10, 2022 4587 Views 0 comment Print

K. V. Sridhar Vs ITO (ITAT Bangalore) Sec.56(2)(vii)(a) of Income tAx  Act  will apply only when any sum of money is received, without consideration, the aggregate value of which exceeds fifty thousand rupees. Admittedly, the assessee received the sum of Rs.1.60 Crores for giving up his rights over some of the items of the suit […]

Delay of 1037 Days in filing Appeal due to Wrong Professional Advice condoned

May 10, 2022 2958 Views 0 comment Print

Bangalore Metro Rail Corporation Ltd. Vs DCIT (ITAT Bangalore) We note that Ld. CIT(A) dismissed the appeal in limine due to the delay caused in filing the appeal before him. The affidavit that was filed by the assessee before the Ld. CIT(A) reveals that, assessee was subjected to wrong professional advice on the issues that, […]

Income Tax Act not authorize taxing of same amount of income more than once

May 10, 2022 1731 Views 0 comment Print

The Income-tax Act does not authorize levy of tax on the same amount of income more than once. A particular amount of income can be assessed only for once for a particular assessment year.

Tribunal can recall order passed in absence of respondent if sufficient cause exists

May 9, 2022 1437 Views 0 comment Print

Stella Maris Church Malpe Vs ITO (Exemptions) (ITAT Bangalore) We notice that the date of hearing of the appeal i.e. 23.12.2021 was announced on the earlier occasion on 6.11.2021. On that day, the counsel of the assessee Smt. K. Soumya, Advocate has taken note of the date of hearing and hence there was no necessity […]

ITAT Grants further Stay to Infosys against Income Tax Demand of Rs.1564 Cr

May 9, 2022 555 Views 0 comment Print

Infosys Ltd. Vs DCIT (ITAT Bangalore) This stay petition is filed by the assessee seeking extension of stay granted by the Tribunal in SP No.83/Bang/2021 dated 29.10.2021 against the outstanding demand of Rs.1029,20,96,950 for the assessment year 2012-13. 2. The ld. AR submitted that the extension of stay was earlier granted by the Tribunal in […]

Bad debts cannot be disallowed merely because amount written off are larger advances

May 9, 2022 684 Views 0 comment Print

Canara Housing Development Company Vs DCIT (ITAT Bangalore) ITAT held that advances given for purchase of land in the normal course of business of carrying on real estate development, if not recoverable could be allowed as either trading loss u/s 28 of the Act or as expenditure u/s 37 of the Act. In fact, the […]

Sales commission paid for enabling sale cannot be treated as FTS

May 8, 2022 2616 Views 0 comment Print

IRunway India Private Limited Vs DCIT (ITAT bangalore) Facts- The assessee filed its ROI for AY 2015-16 on 27 November 2015 declaring a total income of Rs. 52,289,620 under the normal provisions of the Income Tax Act, 1961 (Act). The AO passed the assessment order dated 26 December 2017 u/s 143(3) of the Act making […]

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