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ITAT Bangalore

AO cannot change share valuation Method opted by Assessee

September 28, 2020 2154 Views 0 comment Print

Taaq Music Pvt. Ltd Vs ITO (ITAT Bangalore) The law provides that, the fair market value may be determined with such method as may be prescribed or the fair market value can be determined to the satisfaction of the Assessing Officer. The provision provides an Assessee two choices of adopting either NAV method or DCF […]

Companies which are functionally dissimilar cannot be taken as a comparable

September 25, 2020 2016 Views 0 comment Print

TRX Technologies India Pvt. Ltd. Vs DCIT (ITAT Bangalore) The assessee is contending to exclude from the list of comparables M/s. Acropetal Technologies Limited (Seg.), M/s. Accentia Technologies Limited, ICRA Online Ltd. and Jeevan Scientific Technology Limited. In similar circumstances and for the same assessment year, the jurisdictional Tribunal in the case of Aspect Technology […]

CIT(A) cannot enhance Assessment without giving section 251(2) notice

September 11, 2020 2187 Views 0 comment Print

Syed Maqsoodulla Vs ITO (ITAT Bangalore)  In the present case also the assessee’s turnover was Rs.9,45,200/- and offered income of Rs.4,84,158/– u/s. 44AD of the I.T. Act. If the AO wants to make any addition, he shall ignore income returned by the assessee and proceed to scrutiny the accounts so as to make any addition. […]

AO cannot make addition for Difference between income in original & revised return without rejecting books

September 11, 2020 2112 Views 0 comment Print

Mersen India Pvt. Ltd. Vs JCIT (ITAT Bangalore) In the present case admittedly the assessee filed original return of income based on unaudited accounts within the due date of filing i.e. on 30.09.2008. Later the assessee filed the Revised Return of Income on 1.4.2009 which is the basis of audited books of accounts which is […]

Asking to prove 92% of expense defeats purpose of presumptive taxation: ITAT Bangalore

September 11, 2020 13284 Views 0 comment Print

Shri Kokkarne Prabhakara Vs. ITO (ITAT Bangalore) Asking the assessee to prove to the satisfaction of the Assessing Officer, the expenditure to the extent of 92% of gross receipts, would also defeat the purpose of presumptive taxation as provided under section 44AD of the Act or other such provision. Since the scheme of presumptive taxation […]

No revision u/s 263 merely on the basis of suspicions.

September 11, 2020 1863 Views 0 comment Print

Merely because the issue was not elaborately discussed in the quantum assessment could not be a ground to invoke revisional jurisdiction u/s 263 particularly when the details called for by AO were submitted and placed on record.

TDS Rate on payment to non resident not having PAN

September 10, 2020 29019 Views 0 comment Print

DCIT Vs. Edgeverse Systems Ltd. (ITAT Bangalore) The question before the special bench was whether the provisions of section 206AA had overriding effect for all other provisions of the Act, whether the assesse has to deduct tax at source at the rates prescribed in section 206AA in case the payees are unable to furnish their […]

Section 50C:  Increase to 10% in variation between stamp duty value & consideration is retrospective

September 9, 2020 25557 Views 0 comment Print

Sri Sandeep Patil Vs. ITO (ITAT Banglore) ITAT held that difference between the value adopted by stamp valuation authority and actual consideration is to be ignored if the same is less than 10%. We also notice that the Parliament has introduced third proviso in section 50C(1) of the Act, as per which the difference in […]

ITAT allows to withdrawn appeal challenging TP Adjustment due to APA

September 9, 2020 1323 Views 0 comment Print

In the instant case, ITAT allows the assessee to withdrawn the appeal filed for challenging the transfer pricing adjustment due to Advance pricing agreement filed u/s 92CC of the Income tax Act.

Land cannot be held as an agricultural land in absence of agricultural operations

September 4, 2020 17916 Views 0 comment Print

Jairam G Kimmane Vs DCIT (ITAT Bangalore) In the present case, the claim of the Assessee that agricultural operations were carried out over the property and the property was actually used for agricultural purpose was sought to be established by relying on the classification of the property in revenue records. The Revenue contends that there […]

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