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ITAT Bangalore

Technical glitches: Delay in Form 10CCB filing – Section 80-IA deduction cannot be denied

July 14, 2023 5433 Views 0 comment Print

The ITAT Bangalore has allowed the appeal of Dunichand Khitri Raja against the disallowance of a claim for deduction under section 80-IA of the Income Tax Act. The ITAT held that the delay in filing Form 10CCB, due to technical glitches beyond the assessee’s control, should not bar the claim of deduction.

ITAT directs re-adjudication for addition due to non-reply to assessment notice

July 14, 2023 345 Views 0 comment Print

The ITAT Bangalore has directed the re-adjudication of the case of Satish Panduranga against the addition made by the Assessing Officer (AO) on the ground of non-reply to a notice issued during the assessment proceedings for the assessment year 2017-18.

ITAT deletes penalty under Section 272A(1)(d) for lack of proper opportunity

July 14, 2023 6150 Views 0 comment Print

ITAT Bangalore deleted the penalty imposed under Section 272A(1)(d) of the Income Tax Act in the case of Dhanasingh Nagamuthu vs. ITO. The tribunal found that the assessing officer had not given the assessee a proper opportunity to respond and establish reasons for non-compliance, as required under Section 274(1) of the Act.

Denial of Section 11 Exemption – ITAT directs re-adjudication

July 14, 2023 1860 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Bangalore has directed the re-adjudication of the case between Centre for e-Governance and DCIT. The ITAT found that the assessing officer had disallowed the claim of accumulation of 85% of income under section 11(2) of the Income Tax Act due to the lack of a specific purpose mentioned in Form 10.

Section 44AB: No Audit Required for Assessee not maintaining Books of Account

July 14, 2023 28608 Views 2 comments Print

ITAT Bangalore has ruled in Bandenawaz Mulla vs. ACIT that no audit can be conducted under section 44AB of Income Tax Act when assessee has not maintained books of account.

Loss arising in eligible SEZ undertaking can be adjusted against profits from non-SEZ units

July 11, 2023 1035 Views 0 comment Print

ITAT Bangalore held that the loss arising in eligible SEZ-STPI undertakings are not required to be adjusted against the profits arising from other SEZ-STPI undertakings and the said loss can be adjusted against profits arising from non-SEZ-non-STPI units.

TDS under Section 195 shall not be subjected to disallowance under S. 40(a)(i): ITAT

July 8, 2023 3060 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal remanded the matter to AO to reconsider disallowance made under Section 40(a)(i) pertaining to whether the assessee has made TDS under section 192 with respect the salary paid to the seconded employees in its entirety.

Deduction u/s 80P(2)(a)(i) or 80P(2)(d) not available towards interest earned from schedule banks

July 4, 2023 2955 Views 0 comment Print

ITAT Bangalore held that deduction under section 80P(2)(a)(i) or 80P(2)(d) of the Income Tax Act is not available in respect of interest income earned from scheduled banks.

Pre-clinical laboratory services by non-resident to Indian Customers not chargeable to tax in India

July 4, 2023 759 Views 0 comment Print

ITAT Bangalore held that pre-clinical laboratory services rendered by the assessee (non-resident) to its customers in India would not be chargeable to tax in India as the technical services rendered by the affiliates do not “make available” technical knowledge, experience, skill, know-how or process while preparing these reports for their, Indian customers/ clients.

Delay in filing return and Form No. 67 is not fatal to claim Foreign Tax Credit

July 4, 2023 1404 Views 0 comment Print

ITAT Bangalore held that delay in filing the return and Form No.67, beyond period under section 139(1) of the Act, is not fatal to the claim of FTC. Foreign Tax Credit duly available in respect of income taxable in India and received outside India for the amount of taxes paid outside India.

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