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ITAT Bangalore

Income from leasing of factory premises after discontinuing business is taxable as Income from other sources

April 28, 2017 6207 Views 0 comment Print

When the business asset of the assessee is let out but after discontinuing the business activity of the textile mill then the rental income cannot be treated as income from house property however the same would be assessed as income from other sources.

Assessee entitled for Credit of TDS deducted in erstwhile name

April 28, 2017 3474 Views 0 comment Print

The credit of TDS deducted and deposited in the old name and old PAN No. and the credit of the same was not given to the assessee on account of mismatch, though entity is the same.

Closely connected international transaction can be clubbed / aggregated

April 25, 2017 1245 Views 0 comment Print

These are appeals filed by the assessee-company directed against the assessment orders dated 24.12.2014, 17.12.2015 and 30.11.2016 for the assessment years 2010-11, 2011-12 and 2012-13 respectively u/s. 143(3) r.w.s. 144C of the Act by the Deputy Commissioner of Income-tax / Assistant Commissioner of Income-tax, Circle-4(1)(1), Bangalore.

Secret Commission to business house executives is Bribe & no deduction allowable

April 25, 2017 2370 Views 0 comment Print

Any secret transaction/payment that is made to secure an unfair advantage, would necessarily be repugnant to law. Transaction which is not transparent, offends normal business practice, must suffer scrutiny.

LTC to Public Bank Employees for Travelling Abroad is subject to TDS

April 20, 2017 6699 Views 0 comment Print

Provisions of section 10(5) of were introduced in order to motivate the employees and also to encourage tourism in India and, therefore, the reimbursement of LTC/LFC was exempted, but, there was no intention of the Legislature to allow the employees to travel abroad under the garb of benefit of LTC available by virtue of s.10(5) […]

Profit increased due to disallowance U/s. 40(a)(ia) is eligible for deduction U/s. 10A

April 5, 2017 2664 Views 0 comment Print

It cannot be denied that expenditure incurred by the assessee for the purpose of developing housing project and not allowable by virtue of section 40(a)(ia) would ultimately go to increase assessee’s profit from such business and profit as computed after making the dis allowance would, therefore, qualify for deduction under section 10A.

Rent for amenities if not separable from Rent is House Property Income

April 1, 2017 5775 Views 0 comment Print

These appeals are preferred by the assessee against the order of CIT(A) on common grounds. Therefore, these appeals were heard together and are being disposed off through this consolidated order.

S. 10A Deduct Foreign currency Expenses from Export /Total Turnover

March 24, 2017 2082 Views 0 comment Print

Insurance & Travelling Expenses incurred in Foreign Currency needs to be Excluded from both Export and Total Turnover for the purpose of section 10A Calculations

Exclusion of comparables based on Turnover and size filter is valid

March 8, 2017 2634 Views 0 comment Print

Bombay High Court decision upheld the DRP order in excluding 6 companies, from the list of comparables chosen by the TPO, on the basis of turnover and size. Following it , we uphold the DRP order in excluding the above 6 companies, from the list of comparables chosen by the TPO, on the basis of turnover and size.

Section 68: Identity and credit worthiness of creditors not establishes with mere Submission of Name and address not sufficient

February 27, 2017 2634 Views 0 comment Print

In the present case, the assessee has failed to carry out his obligations and hence, the burden cannot be shifted to the revenue to find out from the creditors about their identity and credit worthiness after receiving the names and addresses of the creditors.

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