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ITAT Bangalore

Interest free funds presumed to be used for interest free loans: ITAT

December 2, 2020 2388 Views 0 comment Print

Assetz Infrastructure Pvt. Ltd. Vs DCIT (ITAT Bangalore) There is no dispute with regard to the fact that the interest free advances received from customers was available with the assessee to the tune of Rs.16.96 crores as noticed by Ld CIT(A) at page 28 of his order, i.e., Rs.14.22 crores under Schedule V and Rs.2.74 […]

TDS liability cannot be imposed retrospectively based on subsequent Judgment

December 2, 2020 3678 Views 0 comment Print

ACIT Vs Acer India Private Limited (ITAT Bangalore) Conclusion: No disallowance under section 40(a)(i) could be made as there could not be a retrospective obligation to deduct tax at source and therefore as on the date when assessee made payments to the non-resident for acquiring off-the-shelf software, could not be regarded as in the nature […]

Education cess is not disallowable under section 40(a)(ii)

November 27, 2020 1653 Views 0 comment Print

DCIT Vs GE BE Pvt. Ltd. (ITAT Bangalore) Conclusion: Education cess is not tax and thus not disallowable under section 40(a)(ii). Held: Assessee-company was engaged in the business of contract manufacturing of components and parts of medical diagnostic imaging equipment and also engaged in provision of engineering design services to its affiliate worldwide. Assessee had […]

Section 195 TDS Applicable on Software Purchase Expenses incurred by Distributor

November 27, 2020 2532 Views 0 comment Print

The issue under consideration is whether the CIT(A) is correct in stating that TDS u/s 195 applicable on software expenses without appreciating the fact that appellant was merely acting as a distributor and not having right to have a copy of the software?

ITAT allows assessee’s amenities charges as part of cost of Flat from Sale Value

November 26, 2020 3735 Views 0 comment Print

Rashmi Mahendra Dhanani Vs ITO (ITAT Mumbai) There are 128 flats in Eternia Co-operative Hosing Society Ltd. No compliance has been received from the society even after repeated reminders. On perusal of the submission received from the builder, Hiranandani Lake Gardens and the group concern M/s. Lake View Developer, AO observed that out of 128 […]

TDS not applicable on reimbursement of actual CAB expenses

November 25, 2020 4323 Views 0 comment Print

Balaji Prasanna Travels Vs ACIT (ITAT Bangalore) It is observed that as agreed by and between the assessee and the cab owners, a vehicle was to be provided by the assessee to the parties and thus, the assessee was to bear the vehicle expenses actually incurred by the said cab owners and which will be […]

To claim Bad Debts written off assessee has to fulfill requirement of section 36(2)

November 25, 2020 2688 Views 0 comment Print

SAP India Pvt. Ltd. Vs DCIT (ITAT Bangalore) We find that apart from writing off of bad debts in the books of accounts, the assessee has to fulfill this requirement of section 36(2) of the IT Act also that the amount in question has been considered as income in the relevant year or in an […]

Section 10AA Deduction eligible on Voluntary Transfer Pricing Adjustment by Assessee

November 23, 2020 2622 Views 0 comment Print

The issue under consideration is whether denial of claim of deduction u/s 10AA of the Act on transfer pricing adjustment made by the assessee voluntarily is justified in law?

Working capital adjustment subsumes sundry creditors- No further TP adjustment for outstanding receivables

November 23, 2020 951 Views 0 comment Print

The issue under consideration is whether TPO is correct in making an upward adjustment to the transfer price of the Appellant’s international transactions on account of imputation of notional interest on outstanding receivables?

No section 54 Deduction denial for mere Non-Completion of Construction of New House

November 20, 2020 3486 Views 1 comment Print

The issue under consideration is whether the CIT(Appeals) was justified in denying the benefit of deduction to assessee u/s. 54 of the Income Tax Act, 1961?

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