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ITAT Bangalore

TNMM Most Appropriate Method in case of AE transactions

August 1, 2022 1611 Views 0 comment Print

Held that assessee leverages on the use of technology from the AE and does not contribute any unique intangibles to the transaction. PSM cannot be applied. TNM Method is Most Appropriate Method.

Change of Branch Manager not sufficient reason for delay in appeal filing

July 30, 2022 126 Views 0 comment Print

Due to change of Manager of Branch and appeal order was not noticed by manager, hence assessee could not file appeal within period of limitation is not acceptable

Cess being part of the tax is not allowable as deduction u/s 40(a)(ii)

July 27, 2022 2811 Views 0 comment Print

Held that cess forms part of the tax and the same cannot be allowed as deduction by virtue of provisions of section 40(a)(ii) of the I.T. Act

Section 80P(4) not applies to primary agricultural credit societies not entitled for banking license

July 26, 2022 2043 Views 0 comment Print

Sahyadri Vividdhodesha Areca Vs ITO (ITAT Bangalore) Held that object of section 80P(4) was to exclude co­operative banks that function at par with other commercial banks and noted that as primary agricultural credit societies are not entitled for obtaining a banking license would not be hit by this provision. Facts- Assessee is a society registered […]

Section 54F deduction eligible against new residential house acquired outside India

July 18, 2022 2184 Views 0 comment Print

Held that deduction u/s 54F is available against new residential house acquired outside India as provisions of section 54F doesn’t use the word ‘in India’.

Non-business expense cannot be claimed as Business expense to set-off against house property Income

July 10, 2022 2640 Views 0 comment Print

C. Krishniah Chetty & Co. Pvt. Ltd. Vs ITO (ITAT Bangalore) The grounds raised by the assessee, are only seeking set off of current year loss against income from house property and carry forward of loss to the future years amounting to Rs.76,26,766/-. The Ld.AR vehemently submitted that, the assessee incurred expenses in terms of […]

No capital gain on sale of agricultural land after conversion in NA Land if used for Agriculture even after conversion

July 7, 2022 28356 Views 0 comment Print

Even though the agricultural land was converted for non-agricultural purposes, but cultivation of land continued till the date of sale of the land. Thus, the land should have been treated as agricultural land and exempt from capital gain in view of section 2(14).

Depreciation not allowable on legal service expenses not resulting in any commercial rights

July 3, 2022 993 Views 0 comment Print

Bangalore International Airport Ltd. Vs DCIT (ITAT Bangalore) Assessee submitted that Professional or Legal Service expenditure was incurred wholly in connection with entering into various agreements. Most of the expenditure was towards availing of professional and legal services during pre-operative period i.e. before commencement of the commercial operation. In our considered opinion, this expenditure is […]

Cash loss due to embezzlement by employees allowable in year of discovery

July 1, 2022 4563 Views 0 comment Print

Explore the ITAT Bangalore order in ACIT vs Davangere District Central Co-op Bank. Understand the deduction of losses due to employee embezzlement. Full analysis and implications.

Addition justified if assessee fails to explain nexus between interest expense & other source income

June 30, 2022 483 Views 0 comment Print

Since assessee had not brought on record any documentary evidence to show that it had incurred interest expenditure as against the income assessed under the head `income from other sources. Therefore, the addition sustained by the CIT(A) to the extent of Rs.1,83,003 was confirmed.

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