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ITAT Bangalore

ITAT upheld addition for share premium exceeding fair market value: Section 56(2)(viib)

October 9, 2023 1482 Views 1 comment Print

ITAT Bangalore held that the share premium received by the company is in excess of fair market value of the share, the addition thus made u/s. 56(2)(viib) of the Income Tax Act is found to be just and proper.

Compensation for delay in handing over possession of property is allowable as business expense

October 4, 2023 1941 Views 0 comment Print

ITAT Bangalore held that the compensation paid for delay in handing over of possession of the property is the liability that arose in the course of business of assessee and hence allowable as business expenditure.

Disallowance of interest u/s 36(1)(iii) unjustified as interest bearing funds not used for purchase of land

September 30, 2023 1323 Views 0 comment Print

ITAT Bangalore held that disallowance of interest u/s. 36(1)(iii) of the Income Tax Act unjustified as interest bearing funds not utilized towards purchase of capital assets (i.e. land).

Deduction u/s 80P(2)(a)(i) available to Souharda Co-operative Society if requirement of mandatory fund is satisfied

September 28, 2023 4206 Views 0 comment Print

ITAT Bangalore held that deduction u/s. 80P(2)(a)(i) of the Income Tax Act in respect of credit facilities provided by Souharda Co-operative Society to its members if requirement of mandatory maintaining of funds as per Karnataka Souharda Sahakari Act, 1997 is satisfied.

Reassessment proceeding void if based on Change of Opinion Without New Evidence

September 21, 2023 1221 Views 0 comment Print

In the case of Bharat Electronics Ltd. Vs ACIT (ITAT Bangalore), the reassessment was found void as it relied on a mere change of opinion without new evidence.

Transfer of agricultural land used for agricultural operations not liable to tax

September 15, 2023 2214 Views 0 comment Print

ITAT Bangalore held that transfer of land specified as agricultural land in revenue records and which is used for agricultural operations, cannot be considered as transfer of capital asset. Hence not taxable under Capital Gains.

Excess application of income of previous years can be set off from subsequent year’s surplus income

September 12, 2023 3114 Views 0 comment Print

Analysis of ITAT Bangalore’s decision in Sindhi Youth Association vs ADIT, focusing on set-off of earlier year’s excess application to subsequent year’s income under Section 11 of the Income Tax Act for Charitable Trusts.

EPFO not liable to deduct TDS as rent free accommodation not provided to employees

September 11, 2023 768 Views 0 comment Print

ITAT Bangalore held that TDS are not applicable as EPFO have not provided rent free accommodation to employees, as employees are paying license fees as per Rules of Govt. of India.

Payment towards interconnectivity utility charges from Indian customers not taxable as Royalty

September 9, 2023 1032 Views 0 comment Print

ITAT Bangalore held that payments received towards interconnectivity utility charges from Indian customers / end users cannot be considered as Royalty to be brought to tax in India under section 9(1)(vi) of the Income Tax Act and also as per DTAA.

No Addition based on mere sworn statement if not corroborated by independent evidence

September 7, 2023 6819 Views 0 comment Print

Analyzing ITAT Bangalore’s ruling in Yashaswi Fish Meal and Oil Company Vs DCIT, exploring the role of sworn statements in tax assessments.

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