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ITAT Bangalore

Non-application of mind to legal issues justifies revisionary action u/s. 263

January 24, 2025 774 Views 0 comment Print

Thereafter, PCIT called for the assessment records and examined the proceedings. CIT(A) after going through the case records and assessment records took a view that the order passed by the AO is erroneous and prejudicial to the interest of revenue.

Section 269SS non-compliance due to bonafide belief: Section 271D Penalty deleted

January 21, 2025 1749 Views 0 comment Print

ITAT Bangalore held that penalty under section 271D of the Income Tax Act not imposable for acceptance of cash on transfer of agricultural land as non-compliance with section 269SS of the Income Tax Act was due to bonafide belief.

Increased income on account of voluntary TPA would be eligible for claiming deduction u/s 10AA – ITAT

January 20, 2025 810 Views 0 comment Print

On appeal CIT (A) held that disallowance u/s 10AA can be made only when the total income is enhanced by the AO or TPO. Co-ordinate bench has already decided this issue for AY 2014-15 and disallowance u/s 10AA was deleted.

Delay in Form 10B Filing: ITAT Directs CIT(A) to Review Petition

January 16, 2025 1023 Views 0 comment Print

ITAT remands case to CIT(A) for review of delayed Form 10B filing by Jagadguru Shivanand Human Welfare Association. Appeals for Section 11 exemption continue.

Non-granting of accumulation of income u/s. 11(2) unsustainable since delay in Form 10 condoned

January 8, 2025 576 Views 0 comment Print

ITAT Bangalore held that non-granting of accumulation of income under section 11(2) due to delay in filing Form 10 not justified since delay was condoned by appropriate authority. Accordingly, appeal allowed in favour of assessee.

Addition towards entire bogus purchases not justified only gross profit to be considered

January 2, 2025 987 Views 0 comment Print

AO, based on the information, found that both suppliers were subject to proceedings and were found guilty of economic offenses punishable under the relevant CGST Act, 2017, and KGST Act, 2017.

LIBOR rate to be taken as base for interest computation as invoice raised in foreign currency

December 31, 2024 909 Views 0 comment Print

ITAT Bangalore held that interest rate should be charged on the basis of prevailing LIBOR rate and no SBI PLR rate since invoices are raised in foreign currency. Accordingly, it is directed to TPO to apply LIBOR rate as basis for computation of interest.

VAT Penalty Payment Not Deductible Under Section 37: ITAT Bangalore

December 30, 2024 1077 Views 0 comment Print

ITAT Bangalore rules that VAT penalty payments cannot be deducted under Section 37 of Income Tax Act, remanding case for further examination.

ITAT Restores Appeal for Adjudication on Merits After Payment of Admitted Tax

December 30, 2024 540 Views 0 comment Print

ITAT restores Yalamati Raghavendra’s appeal to CIT(A) for adjudication on merits after admitted tax payment, referencing Karnataka High Court’s judgment in SSS Projects Ltd.

ITAT Dismisses Appeal Pending Vivad Se Vishwas Scheme Outcome

December 30, 2024 594 Views 0 comment Print

ITAT dismisses Duddu Nomeshwar’s appeal as withdrawn, allowing reinstatement if Vivad Se Vishwas Scheme application is rejected by Revenue.

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