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ITAT Bangalore

Assessment based on unsigned section 148 notice is bad in law

February 3, 2021 10020 Views 0 comment Print

Yeshoda Electricals Vs ACIT (ITAT Bangalore) This notice issued u/s. 148 is a manual notice and not a digital document. The digital document only does not require signature. A manual notice u/s. 148 is required to be dated and duly signed by the Officer who is issuing the same. A notice or an order without […]

Negative working capital adjustment shall not be made in case of a captive service provider

February 3, 2021 2037 Views 0 comment Print

Lam Research (India) Pvt. Ltd. Vs DCIT (ITAT Bangalore) It was submitted that Working capital adjustment is made for the time value of money lost when credit time is given to the customers. The Assessee however does not bear any risk and has no working capital contingencies. The Assessee has not incurred any expenses for […]

Intention at the Time of Purchase of Land Important to determine Nature of Gain

January 28, 2021 1911 Views 0 comment Print

Babulal Vs ITO (ITAT Bangalore) In cases of purchase and sale of land as laid down by the Hon’ble Supreme Court in the case of Raja J.Rameshwar Rao (supra), a decision on which the learned DR placed reliance, the intention at the time of purchase will be a relevant factor. When a person acquires land […]

Allowability of Interest Expense against Income from Partnership Firm

January 28, 2021 20544 Views 0 comment Print

Shri. Suresh Sreeram Vs ITO (ITAT Bangalore) It is an undisputed fact that in AY 2016-17 the partnership firm incurred heavy losses from its business and was not in a position to pay any interest on capital for the investment. Due to the poor financial condition of the partnership firm, the partners of the firm […]

Section 50C- Value on Sale Agreement date to be adopted & not the value on date of Sale Deed

January 28, 2021 6474 Views 0 comment Print

Prakash Chand Bethala Vs DCIT (ITAT Bangalore) Section 50C provides that where the consideration received or accruing as a result of transfer by an assessee of a capital asset being rent or building or both is less than the value adopted or assessed by any authority for the purpose of payment of stamp duty in […]

LTCG Calculation- Date of Sale Agreement Vs. Sale Deed

January 28, 2021 16710 Views 0 comment Print

Prakash Chand Bethala Vs DCIT (ITAT Bangalore) In the present case, the AO applied the provisions of section 50C of the Act on the basis of Sale Deed executed by the assessee on 9.3.2007. At this stage, it is appropriate to observe that there was an Agreement of Sale executed by assessee on 8.3.1993 and […]

Absence of interest income on capital from firm is no bar to claim interest paid on borrowings for contributing capital to firm

January 28, 2021 3402 Views 0 comment Print

Absence of earning any interest income on capital from the firm is no bar to claim the interest paid on borrowings for the purpose of contributing capital to the firm by the assessee as deductible expenditure.

ITAT deletes Addition for 850 gms gold Jewellery held by Joint Family

January 28, 2021 1350 Views 0 comment Print

ITAT Bangalore ruling on jewellery dispute. Assessing gold bullion, jewellery values. Assessee vs DCIT case details. Read the full judgment.

No TDS on cash medical benefit provided to LIC employees

January 21, 2021 3204 Views 0 comment Print

Assesse was under a bonafide belief that cash medical benefit were only reimbursement of the expenditure incurred by the employees, and as such they could not form part of their income, therefore,  no tax could be recovered from the employer on account of short deduction of tax at source under section 192(1), if a bona fide estimate of salary taxable in the hands of the employee was made by the employer.

Disallowance of helicopter expense of Kingfisher : ITAT restores issue to AO

January 19, 2021 549 Views 0 comment Print

JCIT (OSD) Vs Kingfisher Airlines Limited (ITAT Bangalore) The first issue is related to disallowance of helicopter expenses. We notice that the A.O. was constrained to make adhoc disallowance since the assessee has failed to furnish details called for by the A.O. We also notice that the assessee did not appear before Ld. CIT(A) also. […]

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