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ITAT Bangalore

Credit for taxes paid cannot be denied for mere non-filing of Form No. 67

June 28, 2022 528 Views 0 comment Print

Shri. Vardhan Vishwanath Vijaya Vs ITO (ITAT Bangalore) In so far as the credit for taxes paid in US is concerned, one of the requirements is that the assessee has to file Form 67 which was filed before the AO only after the date of intimation under section 143(1) of the Act. Filing of Form […]

Section 80A(5) not apply if return of income is not filed

June 28, 2022 7527 Views 0 comment Print

ITAT held that that section 80A(5) of the Act is applicable only when a return of income is filed by an assessee and a deduction under Chapter VI A of the Act, is not claimed in such return of income. It will not apply to a case where no return of income is filed.

TCS credit shall be given to person from whom tax has been collected

June 27, 2022 3561 Views 0 comment Print

Explore Jayaprakasha Rai appeal against ITAT Bangalore order on TCS credit denial for Assessment Year 2018-19. Detailed analysis and implications discussed.

Depreciation allowed as plant & machinery on AC, telephone, office equipment

June 24, 2022 34809 Views 0 comment Print

There is no condition in section 32 that depreciation on plant and machinery is allowable only if they are used in the factory for manufacturing/production process. Assets like air conditioners, telephones, Samsung tab, office equipments and canteen equipments are in the nature of plant and machinery. Depreciation under section 32 is allowed.

Amendment to Sec 36(1)(Va) & 43B by Finance Act, 2021 not applicable to AY 2019-20

June 24, 2022 3414 Views 0 comment Print

In a recent decision, ITAT Bangalore grants deduction for employees contribution to PF and ESI, citing judicial pronouncements. Learn about the case and its implications.

ITAT deletes Section 68 addition for SBNs collected prior to Demonetization

June 23, 2022 2310 Views 0 comment Print

Prathamika Krushi Pattina Vs ITO (ITAT Bangalore) In the instant case, there is no dispute with regard to the fact that sources for making deposit of Rs.36.36 lakhs by the assessee whoo is a primary agricultural credit co-operative society into its bank account are the money collected from its members. The AO is also not […]

CPC cannot make adjustment to Tax Income under any other head

June 23, 2022 1380 Views 0 comment Print

The CPC has taken the view that the said incomes are assessable as house property income/other sources income. However, the assessee has considered the same as business income. The view so taken by CPC is debatable one. In any case, it is established that there is no omission on the part of the assessee to include both the income in its gross receipts. Hence the adjustments made by CPC u/s 143(1) are liable to be deleted.

GST paid before ITR Filing due date but after ITR filing allowable- Section 43B

June 22, 2022 2751 Views 0 comment Print

Padagouda Hanamanthgouda Patil Vs ACIT (ITAT Bangalore) ITAT noticed that assessee has filed his return of income on 15.10.2018. However, it is the submission of the assessee that the GST amount cited above was paid on 16.10.2018. Hence by the time, the return of income was filed, the assessee has not paid the GST amount […]

ITAT deletes addition for cash deposit during demonetisation out of Cash withdrawal

June 22, 2022 1662 Views 0 comment Print

Col. Ranjan Sharma Vs ITO (ITAT Bangalore) Assessee has withdrawn a sum of Rs.8,00,000/- from his bank account maintained with ICICI Bank on 05.06.2015. I notice that the assessee has withdrawn cash in small amounts in subsequent period also. Since the assessee is an aged person and retired from army, it is quite possible that […]

ITAT imposes cost on appellant for non-appearance before AO

June 22, 2022 423 Views 0 comment Print

Amritha Raj gets a second chance at appeal in ITAT Bangalore. Non-appearance costs imposed but opportunity granted to present case before CIT(A)

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