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ITAT Bangalore

Filing of return before due date is Mandatory to claim deduction u/s 80IA

July 15, 2018 4389 Views 0 comment Print

The AO was of the view that as per the provision of section 80AC of the Act any deduction under Chapter-VI A of the Act (Sec. 80IA of the Act is part of Chapter VIA of the Act) can be claimed only if the return of income for the relevant assessment year is filed on or before the due date prescribed u/s 139(1) of the Act. Since the assessee has not complied with the aforesaid conditions, the AO refused to allow deduction u/s 80IA of the Act.

Non-Competent Fee paid is Intangible Asset- Depreciation allowable

July 6, 2018 1548 Views 0 comment Print

ITAT held that non-compete fee paid is an intangible asset acquired by the assessee on which depreciation has to be allowed u/s. 32(1)(ii) of the act.

Section 14A will not apply if no exempt income is received or receivable

July 6, 2018 5784 Views 0 comment Print

DCIT Vs M/s. Ambuthirtha Power P. Ltd. (ITAT Bangalore) The issue in Maxopp Investment Ltd’s. case (supra) was whether the expenditure (including interest on borrowed funds) in respect of investment in shares of operating companies for acquiring and retaining a controlling interest therein was disallowable under Section 14A of the Act. In the said case […]

Addition merely based on Statements recorded by CBI is Invalid

June 15, 2018 2220 Views 0 comment Print

Shri Ratan Babulal Lath Vs DCIT (ITAT Bangalore) Entire addition is on the basis of the statements of the assessee and Shri. Navneet Kumar Singhania recorded by the CBI. Before the AO, assessee has specifically denied such statements recorded by the CBI and has sought cross-examination of Shri. Navneet Kumar Singhania which were not afforded […]

Exemption U/s. 54F cannot be denied for investment of amount in Mutual Funds before Purchase of property

June 6, 2018 1698 Views 0 comment Print

In terms of Section 54F the assessee is only entitled to proportionate exemption vis-a-vis, cost of the original asset and the cost of the new assets. In the light of the above, the AO is directed to recomputed the capital gains exemption.

Exemption U/s. 54F allowed for Investment in purchase of Villa routed through mutual funds

June 6, 2018 1749 Views 0 comment Print

ACIT Vs Shri. Sunil Bandacharya Joshi (ITAT Bengaluru) In the present case, the capital asset was sold on 26.02.2011. The capital asset was purchased on 31.03.2011 and before the purchase of the capital asset the amount was deposited in mutual funds. Therefore in the considered opinion of the bench, before the date of filing of […]

Deemed Registration if CIT fails to dispose off sec. 12AA application within 6 months

June 4, 2018 2991 Views 0 comment Print

Visvesvaraya Technological University Vs CIT (Exemptions) (ITAT Bangalore) Assessee has moved an application for registration under section 12A on 25.05.1999, but this application was not disposed of by the CIT and it was kept pending and assessee was persuaded by the Revenue to file another application for registration. Vide letter dated 2 1.01.2002, the assessee has also […]

Interest on enhanced compensation for compulsory acquisition of agricultural land eligible for exemption U/s. 10(37)

June 1, 2018 24792 Views 1 comment Print

ITO Vs Shri Basavaraj M Kudarikannur (ITAT Bangalore) We have considered the submissions of the ld. DR. It is not disputed by the AO that the land acquired was agricultural land and the conditions laid down u/s. 10(37)(i) to (iv) are applicable to the land which is in question which was compulsorily acquired. It is […]

TDS deductible on Rent-Free Accommodation provided to Employees of Society

May 31, 2018 3606 Views 0 comment Print

This is an appeal filed by the assessee directed against the order of the learned Commissioner of Income-tax (Appeals)-13, Bengaluru [CIT(A)] dated 21/06/2017 for the assessment years 2011-12 to 2013-14.

Interest on funds which are to be deployed for construction of plant in future cannot be treated as Income

May 23, 2018 5187 Views 0 comment Print

Ms. Bank Note paper Mill India Pvt. Ltd Vs ITO (ITAT Bangalore)  ITAT held that where the interest receipt is directly connected or incidental to working of construction of assessee plant, it should be reduced from the capital cost of project and not be treated as income. Statement provided by assesse in form of Annexure […]

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