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ITAT Bangalore

Order passed without mentioning DIN is invalid

December 31, 2022 2052 Views 0 comment Print

ITAT Bangalore held that orders passed u/s 92CA of the Income Tax Act without mentioning of Document Identification Number (DIN) is invalid and deemed to have been never issued. Hence TP adjustments made through the order is also invalid.

Construction cost and saleable project area should be considered while recognizing revenue

December 27, 2022 2646 Views 0 comment Print

ITAT Bangalore held that from clause (5) of Guidance Note issued by ICAI that the cost of construction and also saleable project area needs to be taken into account while recognizing revenue under the Percentage Completion Method.

ITAT upheld addition for delayed deposit of employees’ contribution to PF/ESI

December 21, 2022 1695 Views 0 comment Print

DCIT Vs Automac Diesels (ITAT Bangalore) ITAT held that addition can be made in respect of the employees’ contribution in regard to PF/ESI, which has not been deposited within the stipulated date as per the respective Act, since in the case on hand, the assessee has not deposited the employees, contribution within the due date […]

Addition towards unexplained deposits unsustainable as confirmation letter from Donor duly filed

December 20, 2022 573 Views 0 comment Print

ITAT Bangalore held that once the confirmation letter was filed by the assessee from Donor, the burden cast upon assessee is discharged and it would shift to revenue authorities. The Revenue authorities cannot make addition towards unexplained deposits without making any further enquiry.

Outflow towards cost of acquisition cannot be ignored for non-registration of assignment agreement

December 19, 2022 756 Views 0 comment Print

ITAT Bangalore held that merely for the reason that the assignment agreement is not registered, the actual outflow from the hands of the assessee towards acquisition of the property cannot be ignored for computing the capital gains.

Deduction u/s 54 was allowable in case capital gains were utilized within time specified but sale deed was not registered

December 17, 2022 5457 Views 0 comment Print

Utilisation of capital gains within time specified would entitle assessee to claim deduction under section 54, notwithstanding fact that new asset was registered beyond period specified under section 54, which according to assessee was beyond her control and was to be liberally construed.

Section 68 not applicable to remittance made by non-resident

December 17, 2022 4890 Views 0 comment Print

ITAT Bangalore held that provisions of section 68 of the Income Tax Act are not applicable to the remittance made in India by non-resident.

Remuneration u/s 40(b)(v) available on additional income offered

December 16, 2022 1845 Views 0 comment Print

ITAT Bangalore held that as the additional income offered is considered as business income, remuneration u/s. 40(b)(v) of the Income Tax Act is available on the same.

Renting income from cargo agents, airlines, etc. eligible for deduction u/s 80IA

December 14, 2022 735 Views 0 comment Print

ITAT Bangalore held that rental income is inseparably connected with the business carried on by the assessee and emanate directly from the business of the undertaking. Accordingly, rental income derived by the assessee from Cargo Agents, Airlines, Banks etc., is derived from the cargo business and eligible for deduction u/s. 80IA. The addition is deleted.

Cash deposited during demonetization period due to cash sales cannot be added as unexplained

December 12, 2022 15807 Views 0 comment Print

ITAT Bangalore held that cash deposited on account of cash sales during demonetization period cannot be added as unexplained under section 68 of the Income Tax Act as AO didn’t rejected the books of accounts nor brough anything contrary on records to show that cash sales is not the source for cash deposit.

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