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ITAT Bangalore

Consideration Received On Relinquishment of Property would be subjected to Tax As Capital Gains: ITAT

November 5, 2022 4794 Views 0 comment Print

The ITAT while dismissing the assessees appeal observed that the assessee has transferred his share of right and interest over the property in favour of his father through relinquishment deed dated 14.10.2014, which is after entering into sale agreement on 28.1.2014 and as per section 2(47)(i) of the  Income Tax Act, transfer in relation to a capital asset, includes, the sale, exchange or relinquishment of assets. Therefore, the Order of AO wherein it was held that the assessee could not claim any exemption on the capital gains was upheld.

Satisfaction recorded by AO should not be based on conjectures & surmises

November 4, 2022 1359 Views 0 comment Print

Ragavs Diagnostic & Research Centre Pvt. Ltd. Vs ACIT (ITAT Bangalore) From the plain reading of section 69C, it is clear that when an assessee offers no explanation or the explanation offered is not satisfactory in the opinion of the AO, then the amount of such expenditure is to be taxed as income u/s. 69C […]

Provisions of section 269ST is applicable to receiver & not to payer

November 3, 2022 1776 Views 0 comment Print

ITAT Bangalore held that assessee has paid money for the purpose of investment which is not disputed and therefore the provisions of Section 269ST of the Act is not applicable.

Section 14A Disallowance unsustainable in absence of exempt income

November 3, 2022 474 Views 0 comment Print

ITAT Bangalore held that no disallowance under section 14A of the Income Tax Act could be made if no exempt income was earned by the assessee.

Expenditure of ESOP is revenue expenditure

November 2, 2022 2046 Views 0 comment Print

ITAT Bangalore held that the expenditure on account of ESOP is a revenue expenditure and had to be allowed as deduction while computing income.

Amount booked on actuarial valuation cannot be contingent

November 2, 2022 1059 Views 0 comment Print

ITAT Bangalore held that provision for long term service award is made on actuarial valuation and amount provided for in the books of accounts based on actuarial valuation cannot be said to be contingent.

Disallowance u/s 40(a)(i) unsustainable as payment is not taxable in India

November 1, 2022 1590 Views 0 comment Print

ITAT Bangalore disallowance u/s 40(a)(i) of the Income Tax Act for non-deduction of TDS for payments not qualifying as fees for technical services and not being business income taxable in India is sustainable

Disallowance u/s 14A of Income Tax Act not allowable in absence of exempt income

November 1, 2022 924 Views 0 comment Print

ITAT Bangalore held that no disallowance under section 14A of the Income Tax Act could be made if no exempt income was earned by the assessee.

Cost of improvements towards capital assets eligible for indexation benefit

November 1, 2022 1872 Views 0 comment Print

ITAT Bangalore held that expenditure for cost of improvements incurred towards capital assets is eligible for indexation benefit.

Invocation of section 263 justifiable as AO failed to reconcile claim of LTCG exemption

November 1, 2022 762 Views 0 comment Print

ITAT Bangalore held that invocation of provisions of section 263 justifiable as AO failed to reconcile the claim of long term capital gain exemption with the amounts furnished in Form 10DB

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