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ITAT Bangalore

No further disallownce U/s. 14A warranted if Voluntary disallowance by Assessee exceeds exempted income

October 7, 2020 762 Views 0 comment Print

The issue under consideration is whether CIT(A) is correct in confirming the enhancement of disallowance made by the AO over and above the amount disallowed by the assessee u/s 14A of the Act?

Membership Fees Paid to Stock Exchange Allowed as Capital Expenditure

October 6, 2020 1974 Views 0 comment Print

The issue under consideration is whether the sum of admission fees paid to stock exchange will be allowed as capital expenditure? In light of Hon’ble Supreme Court judgement in the case of Techno Shares and Stocks Limited (supra) membership of stock exchange is to be treated as a capital asset.

Expense on buy-back of shares is revenue expenditure

October 6, 2020 11037 Views 0 comment Print

DCIT Vs Ocwen Financial Solutions Pvt. Ltd.(ITAT Bangalore) Facts- 1. Treatment of expenditure incurred on buy-back of shares- An assessee has spent amount of INR 8,90,961 on buy-back of shares and debited the same to Profit & Loss Account treating the same as ‘revenue expenditure’. AO treated the same as ‘capital expenditure’. 2. Set-off of […]

ITAT Deletes section 271C Penalty for Failure to Deduct TDS on LTA

October 5, 2020 6270 Views 0 comment Print

The issue under consideration is whether the penalty u/s 271C levied due to failure to deduct tax at source (TDS) on LTA paid to employee is justified in law?

Depreciation cannot be disallowed under section 40(a)(ia)

October 5, 2020 5349 Views 0 comment Print

Wipro Limited Vs Addl. CIT (ITAT Bangalore) Claim of depreciation on software- Depreciation claimed by the assessee on the amount of software capitalized was disallowed invoking provisions of section 40(a)(ia) for non-deduction of tax at source. Held, depreciation is a statutory allowance and hence it cannot be considered as expenditure. Accordingly, disallowance of depreciation cannot […]

TDS on purchase of licensed software cannot be made retrospective

October 5, 2020 38193 Views 0 comment Print

The decision holding that the payments made for purchase of software was in the nature of royalty came to be pronounced on 15.10.2011. Accordingly, assessee could not be treated as an assessee in default for not deducting TDS under section 195 in respect of payments made for purchase of licensed software prior to 15.10.2011.

Section 54F: Vacant land cannot be treated as residential house

October 2, 2020 29148 Views 0 comment Print

Dr. Devika Gunasheela Vs JCIT (ITAT Bangalore) The only basis on which the assessee was denied the benefit of deduction u/s 54F of the Act was that the assessee owned more than two residential houses, other than the new asset on the date of transfer of the original asset. From the order of assessment passed […]

Section 14A disallowance unjustified if Interest Free Funds exceeds Investment Value

October 2, 2020 1449 Views 0 comment Print

Kingfisher Finvest India Ltd. Vs. DCIT (ITAT Bangalore) The issue under consideration is whether the disallowance made by AO u/s 14A of the Act is justified in law? ITAT states that if the interest free funds available with the assessee is more than the value of investments, then the presumption is that the assessee has […]

Functionally comparable company cannot be excluded from Comparables for non-disclosure of RPT

October 1, 2020 864 Views 0 comment Print

EMC Software & Services India Pvt. Ltd. Vs. JCIT (ITAT Banglore) The assessee seeks inclusion of T2T2 India Ltd. The Ld. A.R. submitted that this company is functionally comparable company. The TPO/DRP has rejected the same only for the reason that the detail of Related Party Transactions (RPT) was not disclosed in the Annual Report. […]

No Addition for Showing Net Impact of Marketing Income under head Marketing Cost in P&L A/c

September 30, 2020 1182 Views 0 comment Print

Orion Property Management Services Ltd. Vs. ITO (ITAT Bangalore) The issue under consideration is whether CIT(A) is correct in making addition of Sponsorship and Promotional income by reducing it from marketing cost? In the instant case, the marketing income has been considered under the head marketing cost and net of expenses is debited to P&L […]

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