The Bangalore ITAT held that deduction under Section 80IA can be granted only if the income is genuinely derived from the eligible industrial undertaking. Mere classification of income under other sources does not automatically entitle an assessee to deduction.
The Bangalore ITAT held that mere differences between declared construction cost and DVO estimates cannot sustain additions under Section 69B without independent evidence of unaccounted investment. The Tribunal deleted additions relating to hostel construction expenditure.
The Bangalore ITAT held that charitable trusts publishing and selling educational books do not lose Section 11 exemption merely because they earn surplus. Educational publishing activities were held distinct from commercial business activities.
The Bangalore ITAT held that uncorroborated WhatsApp chats and retracted statements are insufficient to sustain large on-money additions in search assessments. Additions based purely on estimates without incriminating evidence were deleted.
The Tribunal ruled that deemed dividend provisions require evidence of withdrawal from a company in which the assessee is a shareholder. Since the shortage related to a proprietary concern, the addition was deleted.
ITAT Bangalore held that sale of 25 plots did not amount to an adventure in the nature of trade because the properties were held for six years as investments. The Tribunal ruled that mere multiplicity of plots sold cannot by itself convert capital gains into business income.
The Bangalore ITAT held that indexation benefit for capital gains must be allowed from the year the property was first rented and income was offered to tax, not from the date of occupancy certificate.
The Tribunal ruled that capital gains on Transferable Development Rights must be computed after deducting the purchase cost of TDR from the sale consideration. The case was remanded because the assessee failed to submit documents before the AO earlier.
Bangalore ITAT held that deduction under Section 43B cannot be denied merely because Form 3CD reflected GST payable on the audit report date. The Tribunal directed verification of subsequent payment made before the due date of filing the return.
The Tribunal ruled that bonus shares sold after being held for more than 12 months were taxable as exempt long-term capital gains and not business income. The assessees treatment of bonus shares as investments was accepted.
