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ITAT Bangalore

Expense on Consumable Tools having short working life with no independent function allowable as Revenue expense

March 28, 2022 834 Views 0 comment Print

Walvoil Fluid Power India Pvt. Ltd. Vs DCIT (ITAT Bangalore) On perusal of the list of the tools treated as capital in nature and we find that the value per item in the entire list is not significant. The ratio laid down by the Hon’ble SC in Sarvana Spinning Mills Pvt. Ltd., (Supra) is that […]

Deduction of employees’ contribution to PF/ESI made prior to due date of filing ITR

March 28, 2022 2256 Views 0 comment Print

Google India Private Limited Vs DCIT (ITAT Bangalore) ITAT held that assessee would be entitled to deduction of employees’ contribution to PF and ESI provided that the payments were made prior to the due date of filing of the return of income u/s 139(1) of the I.T.Act. It was further held by the ITAT that […]

No addition for cash deposit of demonetized notes for which Sales already been offered for taxation

March 27, 2022 6690 Views 0 comment Print

Appeal by Anantpur Kalpana against CIT(A) order on demonetized notes. Cash deposits treated as unexplained credits. Learn about double taxation issues

Starting of activities of trust is not a condition precedent for grant of Section 80G approval

March 20, 2022 1341 Views 0 comment Print

Malla Foundation Vs CIT (Exemption) (ITAT Bangalore) The CIT(E) has refused to grant approval u/s 80G of the Act primarily for the reason that the assessee has not produced the necessary proof as regards the activities of the assessee-trust and in absence of the same it is not possible to verify the genuineness of the […]

ITAT condone delay of 238 due to medical conditions of 71 Year Old Assessee

March 20, 2022 1203 Views 0 comment Print

Omprakash Pandey Vs ITO (ITAT Bangalore) The assessee is aged about 71 years. The appeal before the CIT(A) was filed on 15.10.2020 electronically. Due to Covid-19 pandemic, the Hon’ble Supreme Court had directed exclusion of period from 15.03.2020. If this period is excluded, the delay has to be explained only between 15.11.2019 and 14.03.2020. The […]

ITAT deletes Penalty claim of fraudulent refunds due to malpractices of Income Tax Practitioner

March 20, 2022 5211 Views 0 comment Print

Joison Kundu Kulam Johny Vs ITO (ITAT Bangalore) Assessee submitted that his case was mishandled by one Mr. Nagesh Shastry, Income Tax Practitioner, who has been indulging in claim of fraudulent refunds by fictitious claim of deductions, which was unearthed by the Investigation Wing of the Income Tax Department. It was submitted that without the […]

Filing of Form 67 not mandatory for claiming Foreign Tax Credit

March 17, 2022 8853 Views 0 comment Print

42 Hertz Software India Pvt. Ltd. Vs ACIT (ITAT Bangalore) There is no dispute that the Assessee is entitled to claim Foreign Tax Credit (FTC). On perusal of provisions of Rule 128 (8) & (9), it is clear that, one of the requirements of Rule 128 for claiming FTC is that Form 67 is to […]

Amended provisions of section 43B & 36(1)(va) not applicable for AY 2018-19

March 17, 2022 1782 Views 0 comment Print

ITAT held that amended provisions of section 43B as well as 36(1)(va) of the I.T. Act are not applicable for the assessment year 2018-19.

Addl. CIT not empowered to Grant approval for reopening beyond 4 years

March 17, 2022 1095 Views 0 comment Print

M N Dastur & Co Pvt. Ltd. Vs DCIT (ITAT Bangalore) In the present case the reopening beyond 4 years has been done by getting the approval of Addl. Commissioner and not from the Commissioner or Pr. Commissioner or Pr. Chief Commissioner. Therefore, the initiation of the proceedings u/s 148 of the Act was invalid. […]

CSR Expenditure Prior to A.Y. 2015-16 was allowable expense

March 17, 2022 2055 Views 0 comment Print

Mysore Minerals Ltd. Vs DCIT (ITAT Bangalore) AO noted that assessee has incurred above expenses towards corporate social responsibility as per Companies CSR Rules 2014. He was of the view that under the existing provisions of the Income-tax Act, expenditure incurred wholly and exclusively for the purposes of the business is only allowed as a […]

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