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ITAT Bangalore

Section 80P deduction cannot be denied merely for non-filing of ITR

January 8, 2023 7011 Views 0 comment Print

Section 80AC contemplates denial of deduction in respect of certain provisions of Chapter VI ‘A’ of the Act, if ITR is not filed. Those provisions do not apply to the claim for deduction u/s. 80P.

Penalty leviable for delay filing of return as assessee is habitual defaulter

January 6, 2023 2163 Views 0 comment Print

ITAT Bangalore held that penalty under section 271F of the Income Tax Act leviable as assessee being a habitual defaulter filed income tax return for four years filed belatedly

Transfer of assets and liabilities in group amounts to slump sale

January 4, 2023 5784 Views 0 comment Print

ITAT Bangalore held that where the assets and liabilities of an undertaking are sold as a group or lumped together such a sale would qualify as a slump sale Accordingly capital gain on the same should be computed as section 45 to 50 of the Income Tax Act.

Net interest income on deposits with scheduled bank is taxable u/s 56 of Income Tax Act

January 1, 2023 8697 Views 0 comment Print

ITAT Bangalore held that interest on deposits kept with scheduled banks only the net interest i.e. the interest income reduced by the administrative expenses and other proportionate expenditure to earn the said income had to be brought to tax u/s 56 of the I.T. Act.

Section 269St not applies if assessee not received cash of more than Rs. 2 lakh in a day from one party

January 1, 2023 1887 Views 0 comment Print

Balaji Auto Enterprises Mysore Pvt. Ltd. Vs ACIT (ITAT Bangalore) ITAT observe from the order of the AO that the assessee has received cash more than 2.00/- Lakh from the four parties on different dates. As per the opinion of the AO the assessee has violated the provision of section 269ST, therefore, he imposed the […]

Order passed without mentioning DIN is invalid

December 31, 2022 2532 Views 0 comment Print

ITAT Bangalore held that orders passed u/s 92CA of the Income Tax Act without mentioning of Document Identification Number (DIN) is invalid and deemed to have been never issued. Hence TP adjustments made through the order is also invalid.

Construction cost and saleable project area should be considered while recognizing revenue

December 27, 2022 3714 Views 0 comment Print

ITAT Bangalore held that from clause (5) of Guidance Note issued by ICAI that the cost of construction and also saleable project area needs to be taken into account while recognizing revenue under the Percentage Completion Method.

ITAT upheld addition for delayed deposit of employees’ contribution to PF/ESI

December 21, 2022 1929 Views 0 comment Print

DCIT Vs Automac Diesels (ITAT Bangalore) ITAT held that addition can be made in respect of the employees’ contribution in regard to PF/ESI, which has not been deposited within the stipulated date as per the respective Act, since in the case on hand, the assessee has not deposited the employees, contribution within the due date […]

Addition towards unexplained deposits unsustainable as confirmation letter from Donor duly filed

December 20, 2022 1008 Views 0 comment Print

ITAT Bangalore held that once the confirmation letter was filed by the assessee from Donor, the burden cast upon assessee is discharged and it would shift to revenue authorities. The Revenue authorities cannot make addition towards unexplained deposits without making any further enquiry.

Outflow towards cost of acquisition cannot be ignored for non-registration of assignment agreement

December 19, 2022 1131 Views 0 comment Print

ITAT Bangalore held that merely for the reason that the assignment agreement is not registered, the actual outflow from the hands of the assessee towards acquisition of the property cannot be ignored for computing the capital gains.

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