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ITAT Bangalore

Excess application of income of previous years can be set off from subsequent year’s surplus income

September 12, 2023 2421 Views 0 comment Print

Analysis of ITAT Bangalore’s decision in Sindhi Youth Association vs ADIT, focusing on set-off of earlier year’s excess application to subsequent year’s income under Section 11 of the Income Tax Act for Charitable Trusts.

EPFO not liable to deduct TDS as rent free accommodation not provided to employees

September 11, 2023 621 Views 0 comment Print

ITAT Bangalore held that TDS are not applicable as EPFO have not provided rent free accommodation to employees, as employees are paying license fees as per Rules of Govt. of India.

Payment towards interconnectivity utility charges from Indian customers not taxable as Royalty

September 9, 2023 891 Views 0 comment Print

ITAT Bangalore held that payments received towards interconnectivity utility charges from Indian customers / end users cannot be considered as Royalty to be brought to tax in India under section 9(1)(vi) of the Income Tax Act and also as per DTAA.

No Addition based on mere sworn statement if not corroborated by independent evidence

September 7, 2023 5481 Views 0 comment Print

Analyzing ITAT Bangalore’s ruling in Yashaswi Fish Meal and Oil Company Vs DCIT, exploring the role of sworn statements in tax assessments.

Royalty or technical charges income of non-resident taxable in India on receipt basis under India-Switzerland DTAA

September 5, 2023 639 Views 0 comment Print

ITAT Bangalore held that in case of non-resident, income arising in India by way of royalties or technical charges could be taxed in India but that could be only on the receipt basis under India-Switzerland DTAA and not on accrual basis.

Actual Gratuity Deduction Not Disallowed: ITAT Directs Fresh Consideration

September 5, 2023 1245 Views 0 comment Print

Explore a detailed analysis of the recent ITAT Bangalore verdict on Integrace Private Limited Vs NFAC/CIT(A), focusing on provisions of gratuity and tax deductions under section 37 and 43B.

Interest earned by co-operative society on investment with co-operative bank deductible u/s 80P(2)(d)

September 3, 2023 4998 Views 0 comment Print

ITAT Bangalore held that the interest income earned by a cooperative society on its investments held with a cooperative bank would be eligible for claim of deduction under Sec.80P(2)(d) of the Income Tax Act.

Assessment Under Sec. 143(3) Doesn’t Auto-Merge with 143(1) Intimation

September 2, 2023 10140 Views 0 comment Print

Mere completion of assessment under section 143(3) doesn’t automatically merge the intimation under section 143(1) with the assessment order

Existence of business exigency needs to be proved for payments in cash to avoid addition u/s 40A(3)

September 1, 2023 906 Views 0 comment Print

ITAT Bangalore remanded the matter back to AO for fresh consideration as assessee didn’t proved existence of business exigency in making payment in cash and AO didn’t carried necessary enquiry before making addition u/s 40A(3) of the Income Tax Act.

Trust can claim both depreciation & application of income on asset in its purchase year

September 1, 2023 6045 Views 0 comment Print

ITAT referred to SC’s judgment in CIT v. Rajasthan & Gujarati Charitable Foundation, Poona, which stated that an entity could claim both depreciation and application of income on asset in its purchase year.

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