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ITAT Bangalore

Peak Credit Computation- Both deposits & withdrawal needs to be considered

July 13, 2020 834 Views 0 comment Print

Shri B.A.Moideen Bava Vs DCIT (ITAT Bangalore) The issue raised by assessee is on merits is regarding peak credits in unaccounted bank accounts of assessee’s. It has been submitted that peak credit has to be computed on the basis of actual deposits and withdrawal and not on the basis of cash deposit alone. Accordingly, we […]

No section 271C penalty for non-deduction of TDS on LTA

June 30, 2020 1017 Views 0 comment Print

The issue under consideration is whether the AO is correct in levying penalty u/s 271C of the Act for non-deduction of tax at source on Leave Travel Allowance?

DTAA overrides the Act, even if it is Inconsistent with the Act

June 28, 2020 2823 Views 0 comment Print

whether the assessee has to deduct tax at source at the rates prescribed in section 206AA in case the payees are unable to furnish their PANs, even if tax liability arises out of the treaty?

Section 10A benefit allowed on Enhanced Income pursuant to MAP Resolution

June 24, 2020 1437 Views 0 comment Print

Dell International Services India Private Limited v. DCIT (ITAT Bangalore) Benefit of Section 10A of the Act is Allowed on Enhanced Income Pursuant to Mutual Agreement Procedure (MAP) Resolution Outcome: In favor of Assessee Facts: 1. During the relevant year, the assessee has provided ITeS and Software Development Services (SWD) of INR 629,43,81,078 and INR […]

Section 14A Disallowance cannot exceed Exempt Income

June 24, 2020 6891 Views 0 comment Print

The window for disallowance is indicated in section 14A and is only to the extent of disallowing expenditure incurred by the assessee in relation to tax exempt income.

CSR expense Eligible for Section 80G Deduction on fulfilling conditions

June 15, 2020 23022 Views 0 comment Print

The issue under consideration is whether CSR is also eligible for deduction u/s 80G of the Act subject to assessee satisfying the requisite conditions prescribed for deduction u/s 80G?

AO cannot change Share Valuation Method adopted by taxpayer

June 12, 2020 1290 Views 0 comment Print

AO can scrutinize the valuation report and he can determine a fresh valuation either by himself or by calling a determination from an independent valuer to confront the assessee but the basis has to be DCF method and he cannot change the method of valuation which has been opted by the assessee.

ITAT remands back matter to CIT(A) for not adjudicating the ground raised properly

June 9, 2020 828 Views 0 comment Print

TAT states that the order passed by CIT(A) is not clear in as much way the ld. CIT(A) has given a general direction without having regard to the factual aspects of ‘receipts and expenditure’ relating to exhibitions presented before ITAT. A clear cut direction from ld. CIT(A) in this regard would be helpful to both the assessee and the AO.

ITAT Dismiss appeals despite non-issue of Form 3 of Vivad Se Vishwas Scheme 2020

June 3, 2020 4470 Views 0 comment Print

Dismissal of Appeal by ITAT after filing Vivad Se Vishwas Scheme 2020 before receiving Form 3 from Department

Profit Enhanced due to disallowance u/s 40(a)(ia) allowed for Dedcution u/s 10AA

June 3, 2020 2739 Views 0 comment Print

The disallowance of the expenditure u/s 40(a)(ia) would automatically enhance the taxable income of the assessee and the assessee is eligible for the deduction u/s 10A of the Income-tax Act on the enhanced income.

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