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ITAT Bangalore

Amendment in section 36(1)(va) & 43B applicable from 01.04.2021

October 13, 2021 16827 Views 0 comment Print

Gopalakrishna Aswini Kumar Vs Assistant Director of Income Tax (ITAT Banglore) Hon’ble Karnataka High Court in the case of Essae Teraoka Pvt. Ltd., (supra) has taken the view that employee’s contribution under section 36(1)(va) of the Act would also be covered under section 43B of the Act and therefore if the share of the employee’s […]

Comparables with turnover less than Rs. 200 Cr cannot be compared with comparables having turnover more than Rs. 200 Cr.

October 11, 2021 3114 Views 0 comment Print

Galax E Solutions India Pvt. Ltd. Vs ACIT (ITAT Bangalore) ITAT held that companies having turnover more than 200 crores upto 500 crores has to be regarded as one category and those companies cannot be regarded as comparables with companies having turnover of less than 200 crores. FULL TEXT OF THE ORDER OF ITAT BANGALORE […]

Amendment in section 43B & 36 cannot be applied retrospectively

October 11, 2021 2010 Views 0 comment Print

Jana Urban Services For Transformation Pvt. Ltd. Vs DCIT (ITAT Bangalore) The ld.DR contention is that as per sec.43B(b) of the Income-tax Act and explanatory notes to Finance Act 1983, that Employees’ Contribution was never intended to be covered by sec.43B. This has been reiterated and reinforced through Explanation 5 to sec.43B and Explanation 2 […]

Companies with turnover of less than Rs. 200 crores cannot be compared with companies having turnover exceeding Rs. 200 crores

October 11, 2021 3714 Views 0 comment Print

Biesse Manufacturing Company Pvt. Ltd. Vs DCIT (ITAT Bangalore) We have noticed that the turnover of the assessee company for software development segment was Rs. 4.56 crores and hence the assessee company falls in the category of companies having turnover of Rs. 1 to 200 crores. The coordinate bench in the case of Autodesk India […]

An agreement shall reflect a true commercial substance of transaction

October 7, 2021 987 Views 0 comment Print

Parexel International Clinical Research Private Limited Vs DCIT (ITAT Bangalore) In this case, the assessee coordinated between the individual investigator and Paraxel International GmbH Germany. The contention of the assessee is that assessee has not undertaken any risk and all risk was taken over by Paraxel International GmbH Germany and relied on the Addendum dated […]

Section 54F exemption available on Multiple Flats obtained under JDA

October 7, 2021 14382 Views 0 comment Print

ITAT, Bengaluru Bench in the case of Smt. Nethravathi, Bengaluru vs ITO in ITA No.2630/Bang/2017 order dated 25.04.2018 wherein this Tribunal took the view that multiple flats obtained under JDA would be entitled to deduction under section 54F of the Act.

Computer accessories & peripherals entitled to higher depreciation rate

October 1, 2021 3429 Views 0 comment Print

Waters (India) Private Limited Vs DCIT (ITAT Bangalore) It is settled position of law that computer and its accessories and peripherals are entitled to higher rate of depreciation of 60%. The CIT(A) held that the assessee is entitled to depreciation of 60% on printer and 15% on UPS by holding that UPS is not part […]

Transfer Pricing: Working capital adjustment should be allowed on actuals

September 28, 2021 1620 Views 0 comment Print

EIT Services India Pvt. Ltd. Vs JCIT (ITAT Bangalore) It has been submitted by Ld.AR that working capital and risk adjustment was denied to assessee on the ground that assessee failed to demonstrate such differences could have any impact on assessee’s profit. It has been submitted by Ld.AR that the submissions advanced by assessee demonstrating […]

Independent Building with multiple Residential Units Eligible For Section 54F Exemption

September 24, 2021 3528 Views 0 comment Print

Ramaiah Harish Vs ITO (ITAT Bangalore) It was held that an independent building can have a number of residential units and it will not lose the character of one residential house.

Non-Disposal of Objections vitiate the assessment order

September 24, 2021 2694 Views 0 comment Print

ITO Vs P.H. Chandrashekar (ITAT Bangalore) Non-disposal of objections filed by the assessee before the completion of assessment is against the procedure prescribed by Hon’ble Supreme Court in the case of GKN Driveshafts (P) Ltd (supra). Hence the same will vitiate the impugned assessment order. FULL TEXT OF THE ORDER OF ITAT BANGALORE The revenue […]

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