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ITAT Bangalore

Assessee eligible for refund of TDS deducted on off shore supply contracts not taxable in India

August 31, 2020 2115 Views 0 comment Print

ABB AB C/o ABB India Limited Vs DCIT (ITAT Bangalore) Assessing Officer first has to examine whether the amounts received are off shore supply contracts by the assessee were received outside the country. The learned Authorized Representative submitted that the assessee company has offered the income on on shore supply contracts. Since, the off shore […]

Assessment in the name of non-existing person or a dead person is null & void

August 31, 2020 3753 Views 0 comment Print

Search conducted on the basis of warrant of authorization issued in the name of non-existing entity and consequent assessment framed under section 243(3) read with section 153A were bad in law being nullity in the eyes of law.

Section 10AA Deduction on Enhanced Income Earned through APA

August 31, 2020 9342 Views 0 comment Print

whether the 1st proviso of section 92C(4) is triggered when the income computation for deduction u/s 10AA is enhanced only in the computation of income and no such entries are made in the books of account?

No lack of Jurisdiction if AO of searched person recorded his satisfaction & provided seized material to AO of assessee

August 28, 2020 840 Views 0 comment Print

Akarsh Residence Pvt. Ltd. Vs DCIT (ITAT Bangalore) As per the facts noted by learned CIT(A) in the relevant paras of his order as reproduced above, it comes out that search was carried out in the case of M/s. Adarsh Developers and incriminating documents were found and seized in the course of search and those […]

Deduction u/s 54F cannot be denied if a person holding one more residential property in joint name

August 25, 2020 4272 Views 0 comment Print

Disallowance of assessee’s claim for deduction under section 54F on the ground of assessee holding one more residential property in joint name along with his wife, could not be sustained as although in purchase deed, name of assessee was also there along with name of wife and purchase consideration of second residential property was paid by her out of joint/her individual bank account however, assessee’s wife was having sufficient own funds in that joint bank account received as her share in sale proceeds of shares. 

Architectural Services provided to Singapore Entity Taxable at 10% when DTAA Benefit is Available

August 24, 2020 1989 Views 0 comment Print

The issue under consideration is whether the architectural services provided to Singapore Entity taxable at 10% or 20% when the benefit of Double Taxation Avoidance Agreement (DTAA) is available?

Extension of Stay of Demand Allowed if Delay in Not Disposing of Appeal is Not Attributable to Assessee

August 21, 2020 1548 Views 0 comment Print

The issue under consideration is whether the second extension of stay of demand against ITAT appeal will be allowed to the assessee?

Section 80P Deduction eligible on Bonus in the nature of dividend by KMF to Co-op Society

August 21, 2020 2241 Views 0 comment Print

The issue under consideration is whether the deduction u/s 80P is allowed against the bonus received by the Co-operative Society from M/s. Karnataka Co-operative Milk Producers’ Federation (KMF)?

Carbon Credit sale receipt is Capital Receipt & Not Liable to Tax

August 18, 2020 2454 Views 0 comment Print

DCIT Vs Bhoruka Power Corporation Ltd. (ITAT Bangalore) The issue under consideration is whether receipt on account of sale of carbon credit is Revenue Receipt or Capital Receipt? ITAT states that carbon credit is in the nature of ‘an entitlement’ received to improve world atmosphere and environment reducing carbon, heat and gas emissions. The entitlement […]

IBM India liable to pay interest for delay in filing ITR on incremental income pursuant to APA: ITAT

August 16, 2020 2211 Views 0 comment Print

IBM India Pvt. Ltd. Vs ACIT (ITAT Bangalore) It has been submitted by Ld.Counsel that as a consequence of APA entered into by assessee, income was increased vis-a-vis original computation at page 322. Referring to revised computation at page 328 of paper book volume 1, he submitted that, incremental increase in the income is Rs.7,74,2 […]

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