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ITAT Bangalore

Delayed remittance of Employees PF/ESI can be disallowed vide Section 143(1) adjustment

January 21, 2023 4404 Views 0 comment Print

Subramanya Karthik Vs ITO (ITAT Bangalore) ITAT held that decisions cited by the learned Counsel for the assessee proceed on the assumption that the disallowance of employees’ share of PF and ESI paid beyond the due dates under relevant law has been made only under section 143(1)(a)(iv) of the Act, while in the intimation under […]

Disallowance without verifying the submitted details is unsustainable

January 21, 2023 1128 Views 0 comment Print

ITAT Bangalore held that disallowance merely considering the provisions of section 144C(8) of the Income Tax Act without verification of details furnished by the assessee is unsustainable in law.

Section 263 order passed without DIN is invalid & deemed to never been issued

January 20, 2023 1872 Views 0 comment Print

Order passed u/s.263 is invalid and shall be deemed to have never been issued if it does not contain the DIN

TP Adjustment should be restricted to AEs Transactions

January 20, 2023 1644 Views 0 comment Print

Toyota Kirloskar Motor (P) Ltd Vs ACIT (ITAT Bangalore) The Appellant submits the in its own case for AY 2003-04, the Honourable Bangalore Tribunal has accepted that TP adjustment has to restricted to AE transactions. Further, in Appellants own case for AY 2013-14 [ITA No.2016/Bang/2018, dated 18.08.2021], the Honourable Bangalore Tribunal has upheld the action […]

Karnataka Vikas Grameena Bank is deemed co-op society for Income Tax purposes

January 18, 2023 1473 Views 0 comment Print

Karnataka Vikas Grameena Bank Vs ACIT (ITAT Bangalore) Assessee is a regional rural bank and formed with the merging of four regional banks into a single regional rural bank. As per the Regional Rural Bank Act 1976 notification dated 12/09/2005, the shareholders were Central Government, State Government and sponsored Bank. The case was reopened on […]

Addition of SEZ book profits while computing book profits u/s 115JB is unsustainable

January 18, 2023 1062 Views 0 comment Print

ITAT Bangalore held that addition of Special Economic Zone books profits while computing books profits under section 115JB of the Income Tax Act is unsustainable in law in terms of Special Bench of Delhi Tribunal decision in the case of ACIT vs. Vireet Investment (P) Ltd.

Assessee not required to establish that debt has become irrecoverable for writing off bad debts

January 16, 2023 2232 Views 0 comment Print

ITAT Bangalore held that it is not necessary for assessee to establish that the debt, in fact has become irrecoverable; it enough if bad debt is written off as irrecoverable in the hooks of accounts of assessee.

No deduction on Failure to pay employee’s contribution within prescribed due date under respective PF Act 

January 13, 2023 8007 Views 0 comment Print

Chase Security Vs ITO (ITAT Bangalore) Section 36(1)(va) and Section 43B(b) operate on totally different equilibriums and have different parameters for due dates, i.e., employee’s contribution is linked to payment before the due dates specified in the respective Acts and employer’s contribution is linked to payment before the due dates specified in the respective Acts […]

Section 142A valuation provisions not applicable to ready built house

January 13, 2023 2244 Views 0 comment Print

ITAT held that Investment referred  in Section 142A pertains to Investment made by  assessee in construction of property and not investment made in purchase of  ready built house property.

Disallowance u/s 14A restricted to amount of exempt income

January 12, 2023 1950 Views 0 comment Print

ITAT Bangalore held that disallowance under section 14A of the Income Tax Act is restricted to the amount of exempt income earned by the assessee.

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