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ITAT Bangalore

Interest paid on Loan cannot be set off against interest earned on Fixed Deposit

May 13, 2020 34467 Views 0 comment Print

Smt. Zeelia Zeena Mayzean Shenoy Vs ITO (ITAT Bangalore) The issue under consideration is whether or not income paid on interest against the fixed deposits can be said to have been incurred ‘wholly and exclusively’ for the purpose of earning interest income from fixed deposits? In the present case, the assessee made fixed deposit with […]

Deduction u/s 80G cannot denied merely because such payment forms part of CSR

May 12, 2020 5340 Views 0 comment Print

The issue under consideration is that whether the expenditure incurred for CSR will also be qualified for deduction under section 80G?

Exemption u/s 54 allowed if purchase amount paid by assessee irrespective of name on agreement of Son

May 8, 2020 2934 Views 0 comment Print

Smt. Subbalakshmi Kurada Vs ACIT (ITAT Bangalore) The issue under consideration is that if the assessee reinvested capital gains in purchase of new residential house in the name of assessee and his son together then whether assessee in entitle to the full amount of exemption u/s 54? As per Section 54, it mandates that the […]

CPC Processing/Additions cannot go beyond Inst. No.10/2017

May 7, 2020 4215 Views 0 comment Print

CBDT’s instruction No.10/2017 dated 15.11.2017 has clearly laid down that only when receipts are completely omitted to be declared in the return of income can there be an addition for invoking 143(1)(a)(vi) of the Act.

While computing income U/s. 115J AO cannot tinker book profit

May 5, 2020 1371 Views 0 comment Print

Assessing Officer tinkered the book profit by adding the additional revenue on account of subsequent realization of export, while computing the book profit u/s 115JB of the Act. The assessee has revised the return of income by including the additional revenue in its total income.

Section 292BB not save cases having complete absence of notice

May 5, 2020 1491 Views 0 comment Print

ITO Vs P.N. Krishnamurthy (ITAT Bangalore) According to Section 292BB of the Act, if the assessee had participated in the proceedings, by way of legal fiction, notice would be deemed to be valid even if there be infractions as detailed in said Section. The scope of the provision is to make service of notice having […]

Sec 194J TDS deductible on Toll Free Telephone charges (Royalty)

May 5, 2020 26589 Views 0 comment Print

Payments made by assessee towards toll-free telephone charges is royalty, in terms of section 9(1)(vi) of the Act, and is liable to deduct TDS under section 194J of the Act. We therefore are in agreement with the view taken by Ld.CIT (A).

Section 80IC deduction allowed for service charges based on direct nexus between service rendered & product

May 3, 2020 12258 Views 0 comment Print

The issue under consideration is that whether deduction u/s 80-IC will be allowed against service charges since services rendered were part of business and also involved manufacturing activity?

Section 80IAB deduction allowed against rental income from SEZ development

April 30, 2020 2856 Views 0 comment Print

The issue under consideration is whether deduction under section 80IAB will be allowed against the income of lease/ rental income from development of SEZ irrespective of wrong classification of head of income.

Income From Land Sale by Assessee Engaged in Property Development Taxable as Business Income

April 28, 2020 3861 Views 0 comment Print

The issue under consideration is whether land sold by assessee engaged in property development taxable as capital gains or business income?

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