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ITAT Bangalore

Section 153C | CIT (Appeals) must examine issue of recording of satisfaction 

February 8, 2021 633 Views 0 comment Print

R.N. Shetty Trust Vs ACIT (ITAT Bangalore) As per Section 153C of the Act, the Assessing Officer of searched person shall proceed against such other person on reaching satisfaction that any undisclosed income belonging to such other person over whom he has no jurisdiction then he has to transmit the seized material to the Assessing […]

Capital Gain from shares cannot be treated as Business Income merely for low cost of acquisition

February 5, 2021 2916 Views 0 comment Print

JCIT Vs United Spirits Limited (ITAT Bangalore) It is not in dispute that the shares of M/s. Lee Edges were purchased by the assessee in the Financial Year 2003-04 and those of M/s. Shaw Wallace Breveries Ltd., were purchased in the Financial Year 2001-02 were unlisted shares. These shares were sold in Financial Year 2004-05. […]

Section 54 Exemption: ITAT remit file to AO for fresh consideration

February 4, 2021 1077 Views 0 comment Print

Shri Lakshmi Narayana Prasad Vs ITO (ITAT Bangalore) In this case, the claim of assessee u/s. 54 was denied on the reason that assessee has not filed any supporting evidence to show the sale consideration was reinvested in new residential property. Before us, the ld. AR pointed out to the copies of bank statements and […]

Assessment based on unsigned section 148 notice is bad in law

February 3, 2021 9918 Views 0 comment Print

Yeshoda Electricals Vs ACIT (ITAT Bangalore) This notice issued u/s. 148 is a manual notice and not a digital document. The digital document only does not require signature. A manual notice u/s. 148 is required to be dated and duly signed by the Officer who is issuing the same. A notice or an order without […]

Negative working capital adjustment shall not be made in case of a captive service provider

February 3, 2021 1956 Views 0 comment Print

Lam Research (India) Pvt. Ltd. Vs DCIT (ITAT Bangalore) It was submitted that Working capital adjustment is made for the time value of money lost when credit time is given to the customers. The Assessee however does not bear any risk and has no working capital contingencies. The Assessee has not incurred any expenses for […]

Intention at the Time of Purchase of Land Important to determine Nature of Gain

January 28, 2021 1818 Views 0 comment Print

Babulal Vs ITO (ITAT Bangalore) In cases of purchase and sale of land as laid down by the Hon’ble Supreme Court in the case of Raja J.Rameshwar Rao (supra), a decision on which the learned DR placed reliance, the intention at the time of purchase will be a relevant factor. When a person acquires land […]

Allowability of Interest Expense against Income from Partnership Firm

January 28, 2021 20382 Views 0 comment Print

Shri. Suresh Sreeram Vs ITO (ITAT Bangalore) It is an undisputed fact that in AY 2016-17 the partnership firm incurred heavy losses from its business and was not in a position to pay any interest on capital for the investment. Due to the poor financial condition of the partnership firm, the partners of the firm […]

Section 50C- Value on Sale Agreement date to be adopted & not the value on date of Sale Deed

January 28, 2021 6411 Views 0 comment Print

Prakash Chand Bethala Vs DCIT (ITAT Bangalore) Section 50C provides that where the consideration received or accruing as a result of transfer by an assessee of a capital asset being rent or building or both is less than the value adopted or assessed by any authority for the purpose of payment of stamp duty in […]

LTCG Calculation- Date of Sale Agreement Vs. Sale Deed

January 28, 2021 16515 Views 0 comment Print

Prakash Chand Bethala Vs DCIT (ITAT Bangalore) In the present case, the AO applied the provisions of section 50C of the Act on the basis of Sale Deed executed by the assessee on 9.3.2007. At this stage, it is appropriate to observe that there was an Agreement of Sale executed by assessee on 8.3.1993 and […]

Absence of interest income on capital from firm is no bar to claim interest paid on borrowings for contributing capital to firm

January 28, 2021 3297 Views 0 comment Print

Absence of earning any interest income on capital from the firm is no bar to claim the interest paid on borrowings for the purpose of contributing capital to the firm by the assessee as deductible expenditure.

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