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ITAT Bangalore

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

January 18, 2023 1089 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 2274 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 8085 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 2292 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 1965 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.

Profit from sale of unfinished building taxable as long or short term capital gains

January 12, 2023 2940 Views 0 comment Print

The definition of capital asset as per section 2(14) of the I.T.Act is wide enough to include property of any kind held by an assessee (including an unfinished building) and the sale proceeds of the same would be liable for capital gains as long term capital gains or short term capital gains, depending upon the period of holding.

Expense reduced from export turnover should also be reduced from total turnover for calculating deduction u/s 10AA

January 10, 2023 798 Views 0 comment Print

Infosys Ltd Vs ACIT (ITAT Bangalore) ITAT Bangalore held that expenditure reduced from export turnover should also be reduced from total turnover while computing deduction under section 10AA of the Income Tax Act. Facts- During the relevant previous year, the assessee had incurred brand building expenses of Rs.81,79,53,112/-. The brand building expenditure were in the […]

Deduction u/s. 80P available to entities registered under Karnataka Souharda Sahakari Act, 1997

January 9, 2023 2325 Views 0 comment Print

ITAT Bangalore held that deduction under section 80P of the Income Tax Act is duly available to the entities registered under Karnataka Souharda Sahakari Act, 1997.

Section 80P deduction cannot be denied merely for non-filing of ITR

January 8, 2023 6375 Views 0 comment Print

Section 80AC contemplates denial of deduction in respect of certain provisions of Chapter VI ‘A’ of the Act, if ITR is not filed. Those provisions do not apply to the claim for deduction u/s. 80P.

Penalty leviable for delay filing of return as assessee is habitual defaulter

January 6, 2023 1782 Views 0 comment Print

ITAT Bangalore held that penalty under section 271F of the Income Tax Act leviable as assessee being a habitual defaulter filed income tax return for four years filed belatedly

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