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ITAT Bangalore

Section 14A Disallowance unsustainable in absence of exempt income

November 3, 2022 732 Views 0 comment Print

ITAT Bangalore held that no disallowance under section 14A of the Income Tax Act could be made if no exempt income was earned by the assessee.

Expenditure of ESOP is revenue expenditure

November 2, 2022 2457 Views 0 comment Print

ITAT Bangalore held that the expenditure on account of ESOP is a revenue expenditure and had to be allowed as deduction while computing income.

Amount booked on actuarial valuation cannot be contingent

November 2, 2022 1953 Views 0 comment Print

ITAT Bangalore held that provision for long term service award is made on actuarial valuation and amount provided for in the books of accounts based on actuarial valuation cannot be said to be contingent.

Disallowance u/s 40(a)(i) unsustainable as payment is not taxable in India

November 1, 2022 1839 Views 0 comment Print

ITAT Bangalore disallowance u/s 40(a)(i) of the Income Tax Act for non-deduction of TDS for payments not qualifying as fees for technical services and not being business income taxable in India is sustainable

Disallowance u/s 14A of Income Tax Act not allowable in absence of exempt income

November 1, 2022 1221 Views 0 comment Print

ITAT Bangalore held that no disallowance under section 14A of the Income Tax Act could be made if no exempt income was earned by the assessee.

Cost of improvements towards capital assets eligible for indexation benefit

November 1, 2022 2595 Views 0 comment Print

ITAT Bangalore held that expenditure for cost of improvements incurred towards capital assets is eligible for indexation benefit.

Invocation of section 263 justifiable as AO failed to reconcile claim of LTCG exemption

November 1, 2022 972 Views 0 comment Print

ITAT Bangalore held that invocation of provisions of section 263 justifiable as AO failed to reconcile the claim of long term capital gain exemption with the amounts furnished in Form 10DB

Section 263 Order unsustainable as AO allowed claim after due application of mind

October 21, 2022 2082 Views 0 comment Print

ITAT Bangalore held that AO allowed the claim of assessee after due application of mind and on proper consideration of the material available on record. Therefore, the order of Ld. CIT passed u/s 263 of the Act cannot be sustained.

Disallowance u/s 40(a)(i) unsustainable as consideration not regarded as income deemed to accrue or arise in India

October 18, 2022 1314 Views 0 comment Print

ITAT Bangalore held that disallowance u/s 40(a)(i) unsustainable as assessee is not liable to deduct TDS for reason that consideration received couldnt have been regarded as income deemed to accrue or arise in India.

Late fee u/s 234E for delay in filing TDS return applicable only from 01.06.2015

October 18, 2022 1203 Views 0 comment Print

ITAT Bangalore held that any ambiguity in a taxing statute should ensure the benefit of the subject/ assessee. Accordingly, the taxing provision of late fee in respect of late filing of TDS return came into force from 01.06.2015. Hence, late fees u/s 234E cannot be levied before 01.06.2015.

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