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ITAT Bangalore

Section 80IC deduction allowed for service charges based on direct nexus between service rendered & product

May 3, 2020 12207 Views 0 comment Print

The issue under consideration is that whether deduction u/s 80-IC will be allowed against service charges since services rendered were part of business and also involved manufacturing activity?

Section 80IAB deduction allowed against rental income from SEZ development

April 30, 2020 2793 Views 0 comment Print

The issue under consideration is whether deduction under section 80IAB will be allowed against the income of lease/ rental income from development of SEZ irrespective of wrong classification of head of income.

Income From Land Sale by Assessee Engaged in Property Development Taxable as Business Income

April 28, 2020 3834 Views 0 comment Print

The issue under consideration is whether land sold by assessee engaged in property development taxable as capital gains or business income?

No comparables to be selected in ALP determination if comparables differs in turnover

April 27, 2020 2445 Views 0 comment Print

Exclusion of comparables from the list of comparables on basis of turnover, functional difference for determination of Arms Length Price was valid. 

Loan from directors – Section 68 addition- Additional Evidence- ITAT restore matter to AO

April 24, 2020 1713 Views 0 comment Print

Harina Developers Pvt. Ltd. Vs ITO (ITAT Bangalore) The issue under consideration is that whether the loan received from two directors can be considered as unexplained cash credit u/s 68 of the Act? In the given case, the assessee has received amount from two of its directors. The assessee could file only ledger account extract […]

On mere change of opinion, the concluded assessment cannot be reopened

March 13, 2020 1779 Views 0 comment Print

Akshaya Souharda Credit Cooperative Limited Vs ITO (ITAT Bangalore) The issue under consideration is whether A.O. is correct in re-opening of assessment based on the same material on which he relied at the time of assessment u/s 143(3)? The assessee is a co-operative engaged in providing credit facilities to its members. The assessee filed its […]

Object clause alone cannot be a basis to determine head of income

March 6, 2020 1719 Views 0 comment Print

The issue under consideration is whether the rental income earned by the assessee is taxable under the head “Income from House Property” as claimed by the assessee in the return of income or under the head “Income from Business” as held by the AO in the assessment order.

Automation Software expense allowable as Revenue Expense

March 6, 2020 1554 Views 0 comment Print

The Agreement refers to the US parent company of the Assessee having acquired license to use EDA tools from the vendors and the right of the Assessee to use the same and the fact that billing will be done on the Assessee on the basis of actual use of the software by the Assessee. It is thus clear that the Assessee had acquired no right or interest whatsoever in the EDA tools and had only a right to use the software. It is not the case of the revenue that the EDA tools was not connected to the business of the Assessee. In such circumstances, we are of the view that the deduction was rightly allowed by the CIT(A) as revenue expenditure.

Deduction of not contingent warrant expenses allowable from book profit

March 6, 2020 1083 Views 0 comment Print

Provision for warrant expenses was not contingent and had to be allowed as deduction while computing income under the head Income from Business & Profession. Thus, the addition made to the book profits under section 115JB was to be deleted because the liability could not be said to be contingent. 

Deduction of provision for gratuity was allowable from book profits

March 5, 2020 7095 Views 0 comment Print

Provision for Gratuity was an ascertained liability eligible to be deducted from the net profit for the purpose of computing book profit u/s 115JB of the Income Tax Act.

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