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ITAT Bangalore

TCS credit shall be given to person from whom tax has been collected

June 27, 2022 2889 Views 0 comment Print

Explore Jayaprakasha Rai appeal against ITAT Bangalore order on TCS credit denial for Assessment Year 2018-19. Detailed analysis and implications discussed.

Depreciation allowed as plant & machinery on AC, telephone, office equipment

June 24, 2022 32139 Views 0 comment Print

There is no condition in section 32 that depreciation on plant and machinery is allowable only if they are used in the factory for manufacturing/production process. Assets like air conditioners, telephones, Samsung tab, office equipments and canteen equipments are in the nature of plant and machinery. Depreciation under section 32 is allowed.

Amendment to Sec 36(1)(Va) & 43B by Finance Act, 2021 not applicable to AY 2019-20

June 24, 2022 3216 Views 0 comment Print

In a recent decision, ITAT Bangalore grants deduction for employees contribution to PF and ESI, citing judicial pronouncements. Learn about the case and its implications.

ITAT deletes Section 68 addition for SBNs collected prior to Demonetization

June 23, 2022 1791 Views 0 comment Print

Prathamika Krushi Pattina Vs ITO (ITAT Bangalore) In the instant case, there is no dispute with regard to the fact that sources for making deposit of Rs.36.36 lakhs by the assessee whoo is a primary agricultural credit co-operative society into its bank account are the money collected from its members. The AO is also not […]

CPC cannot make adjustment to Tax Income under any other head

June 23, 2022 1104 Views 0 comment Print

The CPC has taken the view that the said incomes are assessable as house property income/other sources income. However, the assessee has considered the same as business income. The view so taken by CPC is debatable one. In any case, it is established that there is no omission on the part of the assessee to include both the income in its gross receipts. Hence the adjustments made by CPC u/s 143(1) are liable to be deleted.

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

June 22, 2022 2367 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 1428 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 219 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 828 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 1629 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.

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