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ITAT Bangalore

AO cannot confirm addition ignoring on record confirmation without issuing section 131 summon

February 18, 2021 1905 Views 0 comment Print

Suraj Stones Corporation Ltd. Vs ITO (ITAT Bangalore) Without issuing summons under section 131 of the Act to a party who filed confirmation, no adverse inference can be drawn by the AO. It is clear from the orders of the revenue authorities that they not made any reference to the documentary evidence filed by the […]

Reopening after expiry of four years is invalid if no failure of assessee related to true & full disclosure

February 15, 2021 1266 Views 0 comment Print

Nike India Private Limited Vs ACIT (ITAT Bangalore) It is imperative on the part of the A.O. to show that there was failure on the part of the assessee to disclose fully and truly all material facts relating to the assessment. Admittedly, no such allegation has been made by the A.O. in the reasons for […]

Bad debts allowable once written off in Books; No requirement to show that it become really bad

February 15, 2021 2427 Views 0 comment Print

Vascular Concepts Limited Vs DCIT (ITAT Bangalore) For these assessment years as well, the Revenue has not established that conditions stipulated u/s 36(2) of the I.T.Act was not fulfilled with respect to any of the debts which were written off by the assessee during the previous years. Under these circumstances, we are of the view […]

Section 50C- AO to adopt guideline value on sale date of agreement & not on sale deed date

February 15, 2021 4434 Views 0 comment Print

N.A. Haris Vs Add. CIT  (ITAT Bangalore) In this case, there is no dispute that the agreement to sale the impugned residential flats were entered into financial years 2006-2007 and 2007-2008. There is no dispute for this fact. Now the contention of the assessee is that for determining guideline value by invoking the provisions of […]

Section 40(a) not applicable in case of charitable trust or institution

February 11, 2021 6072 Views 0 comment Print

R. K. Associates Vs ITO (ITAT Bangalore) The question for consideration is as to whether the provisions of Section 40(a)(ia) is applicable for computing the income chargeable under the head “Profits and gains of business or profession” or computation of income under any other heads of income also. Section 40 clearly stipulates that “Notwithstanding anything […]

Allowability of Interest on capital borrowed for acquisition of asset

February 10, 2021 3537 Views 0 comment Print

Golf View Homes Limited Vs ACIT (ITAT Bangalore) From a perusal of the order of AO/CIT(A) it is clear that the disallowance has been made on the basis of the proviso to Sec.36(1)(iii) of the Act. There is no dispute that the interest free loans were given for the purpose of business of the Assessee. […]

Section 50C of the Act does not operate to change year of transfer

February 10, 2021 1593 Views 0 comment Print

Ayi Vaman Narasimha Acharya Vs DCIT (ITAT Bangalore) Under section 45(1) of the Act, the charge on capital gain is in the year of transfer. Section 45(1) of the Act clearly lays down that any gain arising on the transfer of the capital asset effected in the previous year shall be chargeable to income tax […]

Section 153C: ITAT directs CIT(A) to examine recording of satisfaction

February 8, 2021 990 Views 0 comment Print

R.N. Shetty Trust Vs ACIT (ITAT Bangalore) As per Section 153C of the Act, the Assessing Officer of searched person shall proceed against such other person on reaching satisfaction that any undisclosed income belonging to such other person over whom he has no jurisdiction then he has to transmit the seized material to the Assessing […]

Expense cannot be disallowed for internal financial arrangements to fund expenditure

February 8, 2021 1302 Views 0 comment Print

Power Company of Karnataka Ltd. Vs ACIT (ITAT Mumbai) Conclusion: Since there were internal financial arrangements made by assessee with ESCOMs to fund the expenditure, therefore, this could not disentitle assessee to claim expenditure in accordance with the Act and the income of assessee had to be computed under the provisions of the Act without […]

Section 153C | CIT (Appeals) must examine issue of recording of satisfaction 

February 8, 2021 555 Views 0 comment Print

R.N. Shetty Trust Vs ACIT (ITAT Bangalore) As per Section 153C of the Act, the Assessing Officer of searched person shall proceed against such other person on reaching satisfaction that any undisclosed income belonging to such other person over whom he has no jurisdiction then he has to transmit the seized material to the Assessing […]

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