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ITAT Bangalore

Revenue cannot discriminate between co-owners involved in same transaction

March 9, 2025 159 Views 0 comment Print

Bangalore ITAT rejects DVO valuation, upholds equal treatment for co-owners in capital gains case, citing Supreme Court precedent.

Fresh Adjudication Ordered on TPO Adjustment in Subsidiary Transaction

March 9, 2025 75 Views 0 comment Print

Bangalore ITAT overturns AO’s PE classification of QlikTech India, orders fresh review based on TPO order, addresses TDS and interest issues.

ITAT Deletes ₹12 Lakh Addition on Post-Demonetization SBN Deposits

March 8, 2025 378 Views 0 comment Print

ITAT Bangalore reverses addition of ₹12 lakh under Section 68, accepting sales as the source of cash deposits made during demonetization by Raju Rajesh.

Indian Subsidiary Not a Dependent Agency PE if Transactions Are Subject to TPO Adjustment

March 8, 2025 150 Views 0 comment Print

ITAT Bangalore sets aside AO’s decision in Qlik Tech International AB vs DCIT, addressing PE classification, TDS credit, and tax refund interest disputes.

Cash & Stock Income Taxable as Business Income, Not u/s 69A: ITAT Bangalore

March 8, 2025 249 Views 0 comment Print

Additional income offered by assessee on account of cash and excess stock is liable to be taxed as business income and not unexplained investment under section 69A at special rates of 115BBE.

Disallowance u/s 40A(3) Remanded for Review Considering Bank Holiday, Agent Payment & Business Exigenc

March 8, 2025 126 Views 0 comment Print

Assessee had given cash to her employee who was the supervisor or the agent who in turn made payment to the sellers of the gold and therefore the same would not fall within the scope of section 40A(3) in view of the decision of Hon’ble Calcutta High Court in the case of S.K. Joynal Abedin v. CIT.

Section 270A Penalty Doesn’t Require Mens Rea Presence: ITAT Bangalore

March 4, 2025 474 Views 0 comment Print

ITAT Bangalore held that that mens rea is not an essential condition for imposing penalties under civil acts. Penalty u/s. 270A of the Income Tax Act nowhere specifically refers necessity of presence of mens rea for levy of penalty. Accordingly, appeal of revenue allowed.

Incorrect Income Reporting by Assessee, ITAT Restores Appeal to AO for Reassessment

February 28, 2025 408 Views 0 comment Print

ITAT Bangalore remands MBM Developers Vs DCIT case for reassessment, directing the AO to verify income recognition and expense allocation.

ITAT Allows Withdrawal of Appeal with Option to Reinstate if Vivad Se Vishwas Application Fails

February 28, 2025 333 Views 0 comment Print

ITAT Bangalore dismisses the appeal in Ramrao Mannaji Nandakumari Vs ITO after the assessee opts for settlement under Vivad Se Vishwas Scheme 2024.

Protective Addition Unsustainable if Substantial Addition is Confirmed or Settled: ITAT Bangalore

February 27, 2025 198 Views 0 comment Print

ITAT Bangalore deletes AO’s protective addition in LM Wind Power case, citing settled MAP proceedings on IT fees and commission payments.

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