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ITAT Bangalore

Reimbursement of salary for seconded employee cannot be taxed as FTS

June 1, 2023 2349 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 3831 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.

Capitalized Expense shouldn’t be considered for computation of proportionate TP adjustment

May 22, 2023 609 Views 0 comment Print

ITAT Bangalore held that as professional and consultation charges & purchase of fixed assets are capitalized in the books of accounts, it should not be considered for computation of proportionate TP adjustment.

Disallowance u/s 36(1)(va) sustained for non-deposit of employees contribution within relevant due date

May 22, 2023 1518 Views 0 comment Print

ITAT Bangalore held that employees contribution has to be deposited within the due date under the relevant employee welfare legislation like PF Act, ESI Act etc. Accordingly, disallowance u/s. 36(1)(va) sustained because of non-deposit within relevant due date.

Penalty order passed in the name of death person after death is invalid

May 21, 2023 6528 Views 0 comment Print

ITAT Bangalore held that any proceedings taken against the deceased before his death shall be deemed to have been taken against the legal representative. However, penalty order passed in the name of death person after his death is invalid.

Proviso to section 36(1)(vii) cannot be applied for disallowing deduction claimed on bad debts relating to non-rural advances

May 18, 2023 1938 Views 0 comment Print

ITAT Bangalore held that when the proviso to section 36(1)(vii) applies to bad debts written off relating to rural advances, the same cannot be applied for disallowing deduction claimed on account of write off of bad and doubtful debts relating to nonrural/urban advances.

Bad debts relating to non-rural branches are allowable u/s 36(1)(vii)

May 18, 2023 1056 Views 0 comment Print

ITAT Bangalore held that bad debts relating to non-rural branches are allowable under section 36(1)(vii) of the Income Tax Act.

No section 271B Penalty for not getting audited due to bonafide belief of non-applicability of Tax Audit

May 18, 2023 666 Views 0 comment Print

Admittedly, the assessee had got the books of account audited for the first time for the relevant assessment year. Prior to the relevant assessment year, the assessee was under the bonafide belief that only the gross commission receipts are to be taken as turnover for the purpose of audit.

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