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ITAT Bangalore

Deduction U/s. 10A cannot be disallowed for mere belated receipt of export proceeds

October 3, 2015 1940 Views 0 comment Print

In case of ITO VS. M/s.Testree Solutions Pvt. Ltd, ITAT Bangalore held that the export proceeds received after the expiry of the period of six months from the end of the relevant previous year was to be allowed as a deduction u/s 10A .

Functionally dissimilar company cannot be considered as comparable for computation of ALP

October 3, 2015 1182 Views 0 comment Print

In case of M/s. AT & T Global Business Services India Pvt.Ltd. VS. ITO , assessee-company, engaged in business of software development and providing application services to its AE. TPO on basis of mean margin earned by his own set of comparables

No addition U/s. 68 if credits are not related to relevant Assessment year

September 25, 2015 1963 Views 0 comment Print

Glen Villiams Vs. ACIT (ITAT Bangalore)- Assesse was a dealer of bakery products, filed its return. During assessment, it was found that assesse represented certain amount towards sundry creditors in its books.

‘Such income’ in Section 11(1)(a) stands for ‘Gross Income’ not ‘Net Income’

September 6, 2015 29998 Views 0 comment Print

Public Education Society Vs DDIT (Exemptions) (Bangalore ITAT) Since the expenditure incurred by the assessee was more than 93% of the gross receipts, no part of the gross receipts are liable to be taxed in the year under consideration, as the balance amount was set apart for application in the next year.

Notice u/s 274 should specify Grounds of Imposition of Penalty

September 2, 2015 20616 Views 0 comment Print

In the case Shri B L Dasraj Urs Vs. ITO the Hon’ble Bangalore ITAT held that show cause notice u/s 274 is defective if it does not spell out the grounds on which penalty is sought to be imposed.

Loss due to short landing of goods allowable as business expenditure

September 1, 2015 1801 Views 0 comment Print

The ITAT Bangalore in the case of M/ s Sigma Aldrich Chemicals P. Ltd. held that when short landing of goods is common having regard to the nature of goods and such loss is negligible , then it has to be allowed deduction as business expenditure.

Donor’s Identity, Relationship & Occasion of Gift are essential to prove genuineness of Gift

August 30, 2015 1149 Views 0 comment Print

A sum of Rs.7 lakhs, shown to have been received as gift from Shri Jamaluddin Sheik Fareed, was treated as unexplained cash credit in the hands of the assessee on the ground that the assessee has not furnished confirmation letter from the party.

Expected business profit on entering into development agreement in respect of land held as stock-in-trade cannot be taxed as capital gain

August 3, 2015 1370 Views 0 comment Print

Dheeraj Amin Vs. ACIT (ITAT Banglore),- In this case ITAT examined the issue that where an assessee entered into an land development agreement by holding land as stock-in-trade, the expected business profits arose as a result of agreement can be taxed as income from capital gain.

TDS u/s 194C not applicable on Hotel Booking

January 10, 2015 211241 Views 13 comments Print

Section 194C of the I.T. Act provide that any person responsible for paying any sum to any resident for carrying out any work (including supply of labour) for carrying out any work, in pursuance of a contract between the contractor and a specified person, shall, at the time of credit of such sum to the account of the contractor

Without receipt of exempted income, Section 14A cannot be invoked

December 14, 2014 1464 Views 0 comment Print

Assessee engaged in the business of real estate and construction had filed its return for AY; 2009-10 declaring an income of Rs.55,45,092/-and for AY: 2010-11 and an income of Rs.8,07,253/-. During the course of assessment proceedings

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