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ITAT Bangalore

Expenditure of telecommunication lines paid on monthly recurring basis are revenue in nature

August 18, 2022 816 Views 0 comment Print

Held that assessee incurs monthly recurring charges for telecommunication lines and since such expenditure doesnt bring any benefit of enduring nature the same are revenue in nature.

Addition for Unexplained Cash credit merely based on doubts not sustainable

August 16, 2022 1251 Views 0 comment Print

Claim of assessee cannot be rejected on mere doubt without bringing any material on record to suggest that this is only accommodation entry.

Assessment Order against Non-Existing Company is not legally sustainable

August 13, 2022 2067 Views 0 comment Print

ITAT Held that, since assessee ceased to be in existence as on the date when Ld. AO passed the impugned order of assessment, assessment so framed is not sustainable in the eye of law.

Maintaining of separate books not required for claiming deduction u/s 10A/ 10AA

August 2, 2022 2058 Views 0 comment Print

Held that there is no requirement for maintaining separate books of account for claiming deduction under section 10A/10AA of the Act, and books of account maintained by assessee is sufficient to enable computation of profits of various SEZ units.

Income from incomplete transaction not assessable under complete contract method

August 1, 2022 1281 Views 0 comment Print

Held that the transaction has not been concluded in the AY under consideration when the assessee received nomination fee. Thus, the transaction was not complete so as to assess the income under complete contract method.

TNMM Most Appropriate Method in case of AE transactions

August 1, 2022 1734 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 180 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 2970 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 2049 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 2289 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’.

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