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ITAT Bangalore

Satisfaction recorded by AO should not be based on conjectures & surmises

November 4, 2022 1464 Views 0 comment Print

Ragavs Diagnostic & Research Centre Pvt. Ltd. Vs ACIT (ITAT Bangalore) From the plain reading of section 69C, it is clear that when an assessee offers no explanation or the explanation offered is not satisfactory in the opinion of the AO, then the amount of such expenditure is to be taxed as income u/s. 69C […]

Provisions of section 269ST is applicable to receiver & not to payer

November 3, 2022 1929 Views 0 comment Print

ITAT Bangalore held that assessee has paid money for the purpose of investment which is not disputed and therefore the provisions of Section 269ST of the Act is not applicable.

Section 14A Disallowance unsustainable in absence of exempt income

November 3, 2022 537 Views 0 comment Print

ITAT Bangalore held that no disallowance under section 14A of the Income Tax Act could be made if no exempt income was earned by the assessee.

Expenditure of ESOP is revenue expenditure

November 2, 2022 2181 Views 0 comment Print

ITAT Bangalore held that the expenditure on account of ESOP is a revenue expenditure and had to be allowed as deduction while computing income.

Amount booked on actuarial valuation cannot be contingent

November 2, 2022 1440 Views 0 comment Print

ITAT Bangalore held that provision for long term service award is made on actuarial valuation and amount provided for in the books of accounts based on actuarial valuation cannot be said to be contingent.

Disallowance u/s 40(a)(i) unsustainable as payment is not taxable in India

November 1, 2022 1632 Views 0 comment Print

ITAT Bangalore disallowance u/s 40(a)(i) of the Income Tax Act for non-deduction of TDS for payments not qualifying as fees for technical services and not being business income taxable in India is sustainable

Disallowance u/s 14A of Income Tax Act not allowable in absence of exempt income

November 1, 2022 993 Views 0 comment Print

ITAT Bangalore held that no disallowance under section 14A of the Income Tax Act could be made if no exempt income was earned by the assessee.

Cost of improvements towards capital assets eligible for indexation benefit

November 1, 2022 1989 Views 0 comment Print

ITAT Bangalore held that expenditure for cost of improvements incurred towards capital assets is eligible for indexation benefit.

Invocation of section 263 justifiable as AO failed to reconcile claim of LTCG exemption

November 1, 2022 807 Views 0 comment Print

ITAT Bangalore held that invocation of provisions of section 263 justifiable as AO failed to reconcile the claim of long term capital gain exemption with the amounts furnished in Form 10DB

Section 263 Order unsustainable as AO allowed claim after due application of mind

October 21, 2022 1608 Views 0 comment Print

ITAT Bangalore held that AO allowed the claim of assessee after due application of mind and on proper consideration of the material available on record. Therefore, the order of Ld. CIT passed u/s 263 of the Act cannot be sustained.

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