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ITAT Bangalore

GST paid before ITR Filing due date but after ITR filing allowable- Section 43B

June 22, 2022 2220 Views 0 comment Print

Padagouda Hanamanthgouda Patil Vs ACIT (ITAT Bangalore) ITAT noticed that assessee has filed his return of income on 15.10.2018. However, it is the submission of the assessee that the GST amount cited above was paid on 16.10.2018. Hence by the time, the return of income was filed, the assessee has not paid the GST amount […]

ITAT deletes addition for cash deposit during demonetisation out of Cash withdrawal

June 22, 2022 1338 Views 0 comment Print

Col. Ranjan Sharma Vs ITO (ITAT Bangalore) Assessee has withdrawn a sum of Rs.8,00,000/- from his bank account maintained with ICICI Bank on 05.06.2015. I notice that the assessee has withdrawn cash in small amounts in subsequent period also. Since the assessee is an aged person and retired from army, it is quite possible that […]

ITAT imposes cost on appellant for non-appearance before AO

June 22, 2022 198 Views 0 comment Print

Amritha Raj gets a second chance at appeal in ITAT Bangalore. Non-appearance costs imposed but opportunity granted to present case before CIT(A)

Disallowance of STCL was justified in case of drastic decrease in share rate

June 21, 2022 768 Views 0 comment Print

Purchase and sale of shares were arranged transactions to create bogus capital short term capital loss in the garb of real transactions with the sole motive to claim short term capital loss so as to evade tax. Hence the same was not allowable under section 28.

Cash balance available in books deposited in bank is not unexplained deposit

June 21, 2022 1506 Views 0 comment Print

It is normal presumption that, if the deposits have been made from the cash balance available in the books of accounts, then the sources of the cash would stand explained and hence, there is no necessity to treat it as unexplained deposits warranting addition.

Order erroneous as intrinsic value accepted without valuation report

June 20, 2022 318 Views 0 comment Print

The admitted position in the present case is that the assessee did not file any valuation report to substantiate the fair market value of shares issued in terms of Sec.56(2)(viib) (a)(i) of the Act and Rule 11UA of the Rules.

Cash Deposit from unknown sources during Demonetization – ITAT upheld Addition

June 18, 2022 441 Views 0 comment Print

Sneha Nerli Vs ITO (ITAT Bangalore) We are of the opinion that assessee has to prove with evidences that sufficient cash was available to deposit to her bank account. In the present case, assessee claimed that she has been working in Dubai and that the cash deposit in India were on account of amounts earned […]

Int. deductible only if funds are used for business purpose

June 17, 2022 729 Views 0 comment Print

Bagadia Properties Private Limited Vs ITO (ITAT Bangalore) It cannot be always presumed that the loans given to subsidiary companies are for business purposes. It is required to be proved that the subsidiary company has used the interest free loans for some business purposes. Facts- The assessee is undertaking the business of real estate development […]

Employees’ contribution to PF & ESI allowable if paid before due date of filing income Tax Return

June 17, 2022 2136 Views 0 comment Print

Methods (India) Pvt. Ltd. Vs DCIT (ITAT Bangalore) Karnataka High Court in the case of Essae Teraoka Pvt. Ltd Vs. DCIT (supra)¸ had held that the assessee would be entitled to deduction of employees’ contribution to PF and ESI provided that the payments were made prior to the due date of filing of the return […]

Delay in appeal condoned on account of pandemic

June 15, 2022 2247 Views 0 comment Print

Madanthyar Primary Agricultural Credit Co-operative Society Vs DCIT (ITAT Bangalore) The notices in question were issued during the covid period and the Assessee’s contention that it could not respond to the notices in view of the pandemic situation has to be accepted as a reasonable cause. Facts- As there was delay in filing TDS statement, […]

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