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ITAT Bangalore

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

June 6, 2022 6459 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.

Section 24 interest for construction of commercial property – No Section 24 deduction if no evidence to prove that was ready to let out

June 2, 2022 1695 Views 0 comment Print

Netra Software Technologies P Ltd. Vs ACIT (CPC) (ITAT Bangalore) In the present case, the assessee has not enclosed any evidence along with the return suggesting completion of construction of commercial building and its readiness to let out, as such the ACIT(CPC) denied the interest claimed by the assessee by way of intimation sent to the […]

2% TDS u/s 194C on common area maintenance charges being contractual payment

May 26, 2022 45447 Views 0 comment Print

The CAM charges are in the nature of contractual payments towards electricity, water supply, security, lift maintenance etc., falling within the meaning of section 194C whereby these charges are paid for carrying out the work for maintenance of the common area that are available along with the lease premises.

TNMM is most appropriate method for determining ALP for payment of license & management fees

May 25, 2022 1542 Views 0 comment Print

TPO /DRP in their order has expressed an inability to compute the ALP using CUP due to a lack of information in the public domain. Given the difficulty / impossibility in computing ALP using CUP and considering the close nexus between the manufacturing activity and payment of management / license fees, the method to be adopted for benchmarking the above international transactions by the assessee ought to be TNMM.

HC set-asides faceless assessment order passed without granting hearing opportunity

May 25, 2022 4956 Views 0 comment Print

Cisco Systems Services B.V. – India Branch Vs DCIT (ITAT Bangalore) In the present case, the Ld.AO passed the draft assessment order u/s. 143(3) r.w.s. 144C (13) of the Act on 23.03.2016 which is accompanied with demand notice issued u/s. 156 of the Act dated 23.03.2016. It is also noticed that in the draft assessment […]

Section 80IA deduction cannot be disallowed for non-filing of Form No. 10CCB within due date

May 24, 2022 15426 Views 0 comment Print

The tax Auditor has also certified the deduction claimed as per Sl.No.33 of the Form No.3CD therefore, only for want of not filing Form NO.10CCB within the due date the claim of deduction should not be disallowed

No addition for cash deposited post demonetization out of Sale proceeds

May 23, 2022 2799 Views 0 comment Print

ITAT Bangalore ruling on demonetization cash dispute. Assessing double taxation on demonetized notes as sales proceeds. Learn more about the case.

No addition for bogus purchases – Depreciation cannot be disallowed on such purchase

May 18, 2022 6258 Views 0 comment Print

AO did not make any addition with regard to URD purchases, which were considered to be bogus or inflation of expenses, in the respective years. Without making addition of alleged bogus/inflated expenses, the A.O. could not disallow depreciation

Income Tax education cess is not allowable as deduction

May 17, 2022 6345 Views 0 comment Print

Education cess is an additional surcharge levied on income tax and hence it partakes the character of income tax and is not allowable as deduction.

AO cannot treat trading liabilities as unproved on presumptions 

May 14, 2022 399 Views 0 comment Print

It is well settled proposition of law that the apprehension, howsoever strong, cannot substitute material evidences. A.O. was not justified in treating part of liabilities as unproved on presumptions, surmises and conjectures

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