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ITAT Bangalore

Order erroneous as intrinsic value accepted without valuation report

June 20, 2022 435 Views 0 comment Print

The admitted position in the present case is that the assessee did not file any valuation report to substantiate the fair market value of shares issued in terms of Sec.56(2)(viib) (a)(i) of the Act and Rule 11UA of the Rules.

Cash Deposit from unknown sources during Demonetization – ITAT upheld Addition

June 18, 2022 465 Views 0 comment Print

Sneha Nerli Vs ITO (ITAT Bangalore) We are of the opinion that assessee has to prove with evidences that sufficient cash was available to deposit to her bank account. In the present case, assessee claimed that she has been working in Dubai and that the cash deposit in India were on account of amounts earned […]

Int. deductible only if funds are used for business purpose

June 17, 2022 795 Views 0 comment Print

Bagadia Properties Private Limited Vs ITO (ITAT Bangalore) It cannot be always presumed that the loans given to subsidiary companies are for business purposes. It is required to be proved that the subsidiary company has used the interest free loans for some business purposes. Facts- The assessee is undertaking the business of real estate development […]

Employees’ contribution to PF & ESI allowable if paid before due date of filing income Tax Return

June 17, 2022 2211 Views 0 comment Print

Methods (India) Pvt. Ltd. Vs DCIT (ITAT Bangalore) Karnataka High Court in the case of Essae Teraoka Pvt. Ltd Vs. DCIT (supra)¸ had held that the assessee would be entitled to deduction of employees’ contribution to PF and ESI provided that the payments were made prior to the due date of filing of the return […]

Delay in appeal condoned on account of pandemic

June 15, 2022 2382 Views 0 comment Print

Madanthyar Primary Agricultural Credit Co-operative Society Vs DCIT (ITAT Bangalore) The notices in question were issued during the covid period and the Assessee’s contention that it could not respond to the notices in view of the pandemic situation has to be accepted as a reasonable cause. Facts- As there was delay in filing TDS statement, […]

Exemption u/s 54F available even if transaction not complete

June 15, 2022 2316 Views 0 comment Print

Smt.Chandrakala Shashidhar Vs ITO (ITAT Bangalore) Held that assessee would be entitled to the benefit u/s 54F of the I.T.Act once it is demonstrated that the consideration received on transfer has been invested either in purchasing a residential house or in construction of a residential house even though the transactions are not complete in all […]

CSR expenditure can be claimed as deduction u/s 80G

June 14, 2022 17544 Views 0 comment Print

Sling Media Pvt. Ltd. Vs DCIT (ITAT Bangalore) Payments forming part of CSR were claimed as deduction under section 80G. Held that assessee cannot be denied the benefit of claim under Chapter VI A, which is considered for computing ‘Total Taxable Income”. If assessee is denied this benefit, merely because such payment forms part of […]

CSR expenditure towards education is allowable deduction u/s 37

June 13, 2022 5451 Views 0 comment Print

XINDIA Steels Ltd. Vs ACIT (ITAT Bangalore) CSR expenditure, for the benefit of public towards education expenses to the schools/villages surrounding the factory of children of the villages where the factory of the assessee is situated, is business expenditure allowable as deduction u/s 37 Facts- The assessee filed return of income declaring Rs.45,62,36,080 as per […]

Service Tax disallowable if collected but not remitted to Government

June 11, 2022 1578 Views 0 comment Print

When assessee collected the service tax from its customers and had not remitted the Government Exchequer, the same had to be disallowed u/s 43B.

No section 80P deduction on interest income on investments with co-op Banks

June 6, 2022 6456 Views 0 comment Print

Assessee was neither entitled to deduction under section 80P(2Xd) nor under section 80P(2)(a)(i) in respect of interest income earned from investments with Cooperative Banks such interest income was to be assessed as income from other sources.

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