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ITAT Bangalore

No tax is payable on interest accrued as fixed deposit is under prohibitory order

October 13, 2023 5367 Views 0 comment Print

ITAT Bangalore held that as assessee has no right to receive the interest accrued on Fixed Deposits due to prohibitory order, the same is not taxable.

Denial of exemption u/s 11 unjustified as primary activity of trust doesn’t involve profit motive

October 12, 2023 996 Views 0 comment Print

ITAT Bangalore held that denial of exemption under section 11 of the Income Tax Act unjustified as the primary activity of charitable trust is not run with profit motive. Accordingly, collection of money for micro financing in the form of interest on the loans advanced to the self help group members will not defeat the real object in order to deprive of the exemption.

TDS on interest to members on deposits by co-operative society not deductible

October 12, 2023 3210 Views 0 comment Print

ITAT Bangalore held that cooperative societies carrying on banking business when it pays interest to its members on deposits need not deduct tax at source in view of the provisions of Sec.194A(3)(v) of the Act.

TDS u/s. 194H not deductible as payments to gateway providers are not brokerage

October 10, 2023 6411 Views 0 comment Print

ITAT Bangalore held that the payments made to gateway providers are not brokerage and TDS u/s. 194H of the Income Tax Act is not liable to be deducted.

ITAT Declares DRP Directions Invalid Due to Missing DIN

October 10, 2023 2172 Views 0 comment Print

Read detailed analysis of the case Practo Technologies Pvt. Ltd. vs. DCIT (ITAT Bangalore) where ITAT declared DRP directions invalid due to missing DIN.

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

October 9, 2023 1560 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 2067 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 1347 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 4242 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 1230 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.

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