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ITAT Bangalore

TPO adjustment towards technical know-how fees after accepting entity level margins is unsustainable

June 10, 2023 699 Views 0 comment Print

ITAT Bangalore held that the adjustment made by the TPO towards technical know-how fees despite accepting the entity level margins is liable to be deleted.

Pigmy commission treatment as salary vis-à-vis TDS u/s 192 needs re-verification

June 9, 2023 4326 Views 0 comment Print

ITAT Bangalore held that the pigmy commission will be treated as a salary and subject to the TDS under section 192 of the Act. Accordingly, matter remanded for verification.

Legal and professional expenses relating to business is revenue in nature

June 8, 2023 1638 Views 0 comment Print

ITAT Bangalore held that legal and professional charges being incurred towards business are allowable as revenue expenditure.

Proviso to section 36(1)(iii) not applicable as sufficient internal cash accruals available

June 8, 2023 660 Views 0 comment Print

ITAT Bangalore held that proviso to Section 36(1)(iii) of the Income Tax Act is not applicable in the present case as sufficient internal cash accruals available during the impugned year are more that interest free funds advanced to the sister concern.

Depreciation u/s 32 allowable only when asset is put to use for business purpose

June 5, 2023 9261 Views 0 comment Print

ITAT Bangalore held that depreciation under section 32 of the Income Tax Act is allowable only when the asset is put to use for the business purpose. Notably, the onus is on the assessee to prove that the assets are put to use for the business purposes only.

Compulsory convertible debentures not equity – Interest allowable

June 4, 2023 5295 Views 0 comment Print

Till date of conversion, interest paid on CCDs cannot be treated as interest on equity & interest is allowable as expenditure u/s. 36(1)(iii)

Reimbursement of salary for seconded employee cannot be taxed as FTS

June 1, 2023 2340 Views 0 comment Print

ITAT Bangalore held that reimbursement of salary for seconded employee cannot be regarded as ‘Fee for technical services’ (FTS) under India-US Tax Treaty (DTAA).

Deduction u/s 80P(2)(a)(i)/ 80P(2)(d) not available on common interest earned from investment in co-operative banks

May 31, 2023 3828 Views 0 comment Print

ITAT Bangalore held that common interest earned from investment in co-operative banks is not eligble for deduction u/s 80P(2)(a)(i) or 80P(2)(d) of the Income Tax Act.

Section 54F Deduction allowed despite Non-Construction of New House within Prescribed Time Limit  

May 26, 2023 10716 Views 0 comment Print

Delve into the Sharada Mohan Shetty Vs ITO case, analyzing the intricacies of Sec. 54F exemption claim, construction delays, and legal implications.

Expenditure towards ESOP is allowable deduction u/s 37

May 24, 2023 1341 Views 0 comment Print

ITAT Bangalore held that expenditure towards Employees Stock Option Plan (ESOP) is allowable deduction u/s 37 of the Income Tax Act.

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