The ITAT Bangalore clarified that the presence of nominal and associate members does not automatically disqualify a cooperative society registered under the KCS Act from claiming Section 80P deduction. The case was remanded for the AO to verify if associate members complied with the 15% statutory ceiling under the KCS Act, upholding the principle that the AO cannot question the validity of the society’s registration itself.
The issue was whether a large cash holding was unexplained money under Section 69A post-demonetization. The ITAT ruled in favor of the assessee, accepting that the cash originated from earlier, disclosed bank withdrawals. Key Takeaway: The burden of proof to disprove the source from prior withdrawals rests with the Department; mere suspicion isn’t enough for an addition.
ITAT Bangalore ruled that first proviso to Section 50C(1) is curative and retrospective, applying from A.Y. 2003-04. This allows taxpayer to compute capital gains based on stamp duty value prevailing on earlier MOU date (agreement date) instead of later, higher registration value, since part consideration was paid before registration.
The ITAT Bangalore confirmed that an initial order’s failure to consider a binding High Court ruling on bad debt deductibility constitutes a mistake apparent from record. This allowed the bank to claim a deduction under Section 36(1)(vii) for non-rural bad debts via rectification, dismissing the Revenue’s appeal. The key takeaway is that disregarding settled jurisdictional law is a rectifiable error, not a debatable issue.
ITAT Bengaluru held that cancellation of charitable registration under Section 12AB(4) cannot operate retrospectively for years prior to AY 2022-23. The order of the PCIT (Central) cancelling the trust’s registration for earlier years was quashed as legally untenable.
ITAT Bangalore held that delay in filing of appeal due to non-registration on Income Tax portal and non-receipt of notices are plausible and sufficient cause show. Accordingly, delay condoned and appeal restored back for fresh consideration.
ITAT ruled that the sale of a commercial property after six years due to prolonged vacancy and financial pressure is a capital transaction, not an adventure in trade. The income must be assessed as Long-Term Capital Gains.
ITAT Bangalore ruled that a co-operative society can claim deduction under Section 57 for costs incurred in earning interest income from banks. Matter was sent back to AO for verification of claim.
Bangalore ITAT held that expenditure of Rs. 8.65 lakh on interiors of a new house qualifies for exemption under Section 54, reversing the disallowance made by tax authorities.
ITAT Bangalore ruled that excess stock admitted during a survey is taxed as business income only if a direct nexus to regular business is proven; otherwise, it’s taxed as undisclosed income under Section 115BBE. The verdict split across two assessment years based on whether the disclosure was linked to sales or simply admitted as unexplained.
