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ITAT Bangalore

No penalty for Acceptance and repayment of cash for personal purpose between near relatives

March 4, 2022 10128 Views 0 comment Print

Acceptance and repayment of cash for personal purpose between near relatives did not not attract sections 269SS and 269T and, therefore, no penalty could be levied under section 271D/271E.

No capital gain if developer was allowed to enter property for mere construction under JDA

February 28, 2022 3918 Views 0 comment Print

Income Tax dispute: Anugraha Shelters challenges capital gain assessment. Joint Development Agreement not treated as possession under sec.53A of Transfer of Property Act.

No section 80P deduction on Interest earned from investments made with Co-op Bank

February 28, 2022 5526 Views 0 comment Print

Interest earned from investments made with Co-operative Bank, not being Co-operative Bank was not deductible either under section 80P(2)(d) or under section 80P(2)(a)(i). Such interest income was to be assessed as income from other sources, however, deduction under section 57 was to be given in respect of expenditure for earning interest income.

Section 80P(2)(d) deduction not eligible on interest earned on Investments made in any Bank

February 20, 2022 42138 Views 0 comment Print

To the extent of the interest earned from investments made by it with any co-operative society, a co-operative society is entitled to deduction of the whole of such income under section 80P(2)(d) of the Act. However, interest earned from investments made in any bank, not being a co-operative society, is not deductible under section 80P(2)(d) of the Act.

Goodwill is an asset under Explanation 3(b) to Section 32(1)

February 20, 2022 2214 Views 0 comment Print

Kontoor Brands Pvt. Ltd. Vs ACIT (ITAT Bangalore) The issue on merit is regarding allowability of depreciation on intangible assets. On this aspect, the issue is covered by the Tribunal order rendered in the case of DCIT Vs. V.F. Arvind Brands Pvt. Ltd. (supra). Para nos. 12  of this Tribunal order are relevant in this […]

AO cannot withdraw Section 10B relief allowed in earlier year in subsequent assessment year

February 18, 2022 1704 Views 0 comment Print

Gangagen Biotechnologies Pvt. Ltd. Vs PCIT (ITAT Bangalore) Bombay High Court in the case of CIT vs. Western Outdoor Interactive Pvt. Ltd. (349 ITR 309) has held that whether a benefit of deduction is available for a particular number of years on satisfaction of certain conditions and under the provision of Act, then without withdrawing […]

ITAT allows rectification of Mistake in Assessing vacant land to Wealth Tax

February 18, 2022 861 Views 0 comment Print

Wipro GE Healthcare Pvt. Ltd. Vs DCIT (ITAT Bangalore) We notice that there was difference of opinion between the assessee and the AO in respect of extent of land that is assessable to wealth tax. While the case of revenue is that entire vacant land admeasuring 2,54,020.58 sq.ft is assessable to wealth tax, the case […]

ITAT passed order rectifying typographic mistakes in its Original Order

February 18, 2022 861 Views 0 comment Print

Biocon Ltd. Vs ITO (ITAT Bangalore) Present Miscellaneous Petitions are filed by assessee seeking rectification of typographic mistakes in order dated 14.06.2021 passed by this Tribunal in the above referred appeals. We have perused the order passed by this Tribunal viz-a-viz the submissions advanced by both sides and the records placed before us. We note […]

Genuineness of transaction cannot be rejected for mere non-furnishing of stock register

February 13, 2022 1512 Views 0 comment Print

Neogenetics Foods Private Limited Vs DCIT (ITAT Bangalore) From the perusal of the final Assessment Order (paragraph 4.5) it is clear that the only reason given by the AO for not accepting the genuineness of the transaction with M/s. Manoj Traders and M/s. K. S. Enterprises is failure of the assessee to furnish copy of […]

Employees’ contribution paid before due date of filing of return of income u/s 139(1) is allowable deduction

February 10, 2022 2286 Views 0 comment Print

Maheshwari Woods Pvt. Ltd. Vs DCIT (ITAT Bangalore) Amended provisions of section 43B as well as 36(1)(va) of the I.T.Act are not applicable for the assessment years under consideration as these are applicable from assessment year 2021-2022. By following the binding decision of the Hon’ble jurisdictional High Court in the case of Essae Teraoka Pvt. […]

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