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ITAT Bangalore

Trust cannot be denied exemption u/s 11 on mere payment made outside India

November 30, 2015 4249 Views 0 comment Print

ITAT Bangalore held In the case of DDIT (Exemptions) vs. Ohio University Christ College that it is not disputed that the services have been rendered by the faculty members from Ohio University in India as the classes were taken in Bangalore.

Internal comparability is a preferred method in transfer pricing study where within company profit margin data with third parties available

November 28, 2015 1534 Views 0 comment Print

ITAT Bangalore held In the case of M/s. Agila Specialties Pvt. Ltd vs. DCIT that when the data is available showing profit margin of that enterprise itself from a third party, it is always safe and advisable to adopt internal comparable.

No disallowance on non-deduction of TDS if payee discharged tax liability on income; Applicable retrospectively: ITAT

November 27, 2015 2335 Views 0 comment Print

ITAT Bangalore held In the case of M/s. Ravi Spice Processors P. Ltd vs. ACIT that amendment to Sec. 40(a) (ia) whereby a second proviso was inserted by the Finance Act, 2012, w.e.f. 1-4-2013 which state that if the payee has considered the income in return of income and tax has been paid by the payee

Land eligible for wealth tax exemption even on conversion as non-agricultural if used for agricultural purposes

November 24, 2015 1041 Views 0 comment Print

ITAT Bangalore held In the case of M.R Pattabhiram (HUF) vs. The Asst. Commissioner of Wealth tax that mere conversion of land from agriculture to non-agriculture could not be taken as the sole criteria to hold it as a capital asset under section 2(14) of the Income tax act.

Denying registration u/s 12AA by testing ancillary objects rather than main objects for their charitable nature is unfair

November 24, 2015 580 Views 0 comment Print

The ITAT Bangalore in the case of Nanda Gokula vs. CIT held that denial of registration u/s 12AA by the CIT by considering only the ancillary objects is unfair, because it is the main objects of the trust which are required to be tested for their charitable nature.

Excess of expenditure over trust’s income for a previous year can be claimed as income applied in subsequent previous year

November 24, 2015 7030 Views 0 comment Print

The ITAT Bangalore in the case of Karnataka Food and Civil Supplies Ltd. held that the excess expenditure incurred in earlier previous years can be set off against the income of trust for the current year as an application of income because Section 11(1)(a) does not contain any words of limitation

No TDS liability u/s 194J on roaming charges

November 18, 2015 2680 Views 0 comment Print

ITAT Bangalore held In the case of M/s. Idea Cellular Ltd. vs. ACIT that there is no human intervention involved in providing roaming services, therefore, roaming charges paid by the assessee do not amount to fee for technical services u/s 194J.

No set-off of business losses of non 10A units while computing deduction u/s 10A

November 17, 2015 748 Views 0 comment Print

ITAT Bangalore held In the case of DCIT vs. M/s. Makino India Pvt. Ltd. that the relief under Section 10A is in the nature of exemption even though termed as deduction. The profits from such 10A units are neither subject to the charge of income tax nor includible in total income.

Consideration for right to use copy right shrink-wrap software amounts to royalty

November 13, 2015 840 Views 0 comment Print

M/s Tejas Networks Ltd. Vs. DCIT (ITAT Bangalore) As per the provision of sec. 192 of the Income-tax Act 1961, the assessee was liable to deduct tax at source on the payment made to Cadence Designs Systems Ireland .

Higher warranty provision cannot be disallowed without examining basis/working of claim

November 8, 2015 1596 Views 0 comment Print

The ITAT Bangalore in the case of Hewlett Packard India Sales P. Ltd held that creation of warranty Provision which is much higher than previous years provision cannot be disallowed without examining the scientific basis used by the assessee in working out the same.

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