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ITAT Bangalore

No Penalty for TDS Default due to reasonable cause on Foreign LTC Paid to Staff

February 28, 2020 1494 Views 0 comment Print

State Bank of India Vs ACIT (ITAT Bangalore) The assessee is a banking institution. A survey u/s 133A of the Act was conducted in the hands of the assessee in order to verify compliance of TDS provisions. It was noticed that the assessee has provided LTC facility to its employees and some of the employees […]

Assessment proceedings cannot be conducted against HUF after partition

February 28, 2020 1197 Views 0 comment Print

The issue raised by the assessee that the HUF was not in existence when the assessment proceedings have been conducted and the Assessment Order has been passed on HUF and therefore, the entire proceedings are rendered null and void and it should be held that the Assessment Order is bad in law on the facts and circumstances of the present case.

No Section 194C TDS on reimbursement of vehicle expenses

February 24, 2020 15603 Views 0 comment Print

Where a vehicle was provided by assessee to the concerned parties and assessee was to bear the vehicle expenses actually incurred by the cab owners which will be reimbursed by the parties concerned, reimbursement of actual expenses incurred by assessee could not be treated as payment subject to TDS under section 194C.

ITAT extends Stay Period for Google India for 6 months

February 17, 2020 1110 Views 0 comment Print

The ITAT has granted an extension of stay period to IT giants Google India citing a reason for the delay in non-disposal of appeal. In the given case, the assessee has filed the Stay Petition for extension of stay of outstanding demand. However, the revenue has challenged the above stay order passed by the Tribunal before the Hon’ble High Court.

Section 45(4) not applicable if no Assets transferred by Partnership firm to Retiring Partner

February 4, 2020 2199 Views 0 comment Print

ACIT Vs Thirumala Rice Industries (ITAT Bangalore) Sub-section (4) of Section 45 deals with a distribution of capital assets on the dissolution of a firm or other association of persons or body of individuals or otherwise. If in the course of such distribution of capital asset there is a transfer of a capital asset by […]

Belated Service Tax payment allowable on actual payment basis

January 30, 2020 3516 Views 0 comment Print

Service tax collected by assessee and not paid to the Government exchequer before the due date of filing of return was to be disallowed under section 43B and the same should be allowed on actual payment in the assessment year in which it was actually paid. 

Section 44AD: Assessee need not explain individual entry of cash deposit in bank

January 27, 2020 12963 Views 0 comment Print

Sri. Girish V.Yalakkishettar  Vs ITO (ITAT Bangalore) Section 44AD of the Act gives an option to the assessee to offer income on presumptive basis. These are special provisions. The assessee has opted for the same and offered to tax income at the rate of 8% of his turnover. The issue is whether, the Assessing Officer […]

Cash expenses not amenable for cross verification; ITAT disallows 5% expense

January 23, 2020 1107 Views 0 comment Print

The assessee is engaged in the business of quarrying, processing/selling exporting of a granite block and slabs.

No interest allowance u/s 40(a)(ia) if deductee furnished Form 15G or 15H

January 23, 2020 2064 Views 0 comment Print

Disallowance of interest paid to persons who furnished Form 15 G and Form 15 H  should not be made u/s 40a(ia) for non deduction of TDS as the requirement of filing of Form 15G and 15H with the prescribed authority viz., CIT was only procedural and that could not result in a disallowance u/s 40a(ia).

Section 54F Exemption on residential house acquired abroad

January 10, 2020 5274 Views 0 comment Print

Shri Rajasugumar Subramani Vs ITO (ITAT Bangalore) Provision in section 54F comes w.e.f. 01.04.2015 according to which it was clarified that the residential house is to be acquired only in India meaning thereby before this amendment it was not clear as to whether the benefit of section 54F can be given to residential house acquired […]

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