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ITAT Bangalore

Addition for Non-Bonafide change in revenue recognition method justified

March 11, 2021 645 Views 0 comment Print

UL India Pvt. Ltd. Vs DCIT (ITAT Bangalore) The next issue relates to the addition made rejecting the claim of change in method of revenue recognition. The Ld A.R fairly admitted that this issue has been decided against the assessee by the co-ordinate bench in AY 2009-10 (referred supra). We notice that this issue has […]

15% contribution to SPV account in respect of category B mines eligible for deduction

March 9, 2021 1320 Views 0 comment Print

Muneer Enterprises Vs ACIT (ITAT Bangalore) The Assessee is a partnership firm engaged in the business of extraction, processing and manufacturing of iron ore for sale. The assessee owns mining lease No. 2339/2151 measuring 36.42 ha classified under category B. It has been stated that the only issue that arises out of the impugned order […]

Section 35(2AB) not provides for cut off date for eligibility

March 9, 2021 2292 Views 0 comment Print

Shilpa Medicare Ltd. Vs ACIT (ITAT Bangalore) Provisions of Sec. 35(2AB) of Income Tax Act, nowhere suggest simply that R& D facility is approved from particular date and in other words, it is no where suggested that date of approval only will be cut off date for eligibility. The court further held that once facility […]

Disallowance of interest expenses justified for Borrowed money invested in equity without any commercial expediency

March 8, 2021 1128 Views 0 comment Print

 Where the assessee diverted borrowed funds towards investment in a company but did not collect any interest on money so invested then the AO was justified in making the disallowance of interest on borrowed capital particularly in view of the fact that the assessee failed to prove that there was any commercial expediency in making the investment that company.

AO can make addition u/s 68/69C despite estimation of Income U/s 44AF

March 8, 2021 2313 Views 0 comment Print

Atul Dinesh Seth Vs ITO (ITAT Bnagalore) The contention of the A.R. is that once the income of the assessee estimated by applying the section 44AF of the Act, there cannot be any further addition for any lapse in the books of accounts. In these assessment years, except AY 2011-12, the turnover of the assessee is […]

Order passed by AO not in conformity with directions of DRP is Invalid

March 8, 2021 4602 Views 0 comment Print

Yokogawa India Ltd. Vs ACIT (ITAT Bnagalore) Admittedly the impugned assessment order passed by the Ld.AO under section 143 (3) read with section 144C is in violation mandatory provisions under section 144C(10) and (13) of the Act by not passing the order in pursuance of and in conformity with the directions of DRP issued under […]

Memory Loss is not valid explanation for not explaining Cash Deposit Source

March 2, 2021 2562 Views 0 comment Print

Smt. Anasuya Basi Reddy Vs ITO (ITAT Bangalore) The Assessing Officer in the impugned assessment order had made addition of Rs.50,000 as unexplained cash credits in the bank account of the assessee. The said amount has been deposited in Karnataka Bank saving bank account on 07.04.2007 (cash deposit). Before the Assessing Officer, the assessee had […]

No TDS on refundable Security Deposits given to Landowners

March 2, 2021 14163 Views 0 comment Print

Prestige Estates Projects Ltd Vs ACIT (ITAT Banglore)  Now the issue before us is with regard to whether the amount paid by the assessee towards interest free security deposit to various land owners whether it constitutes as “Consideration” in terms of Transfer of Immovable Property. In the present case, as per JDA cum General Power […]

No Section 194IA TDS on payment not related to transfer of immovable property

March 2, 2021 2790 Views 0 comment Print

Prestige Estates Projects Ltd. Vs ACIT (ITAT Bangalore) In our opinion, even if it is advance payment, it is not linked to the transfer of immovable property as enumerated in Section 194-IA of the Act, since the condition laid down in Section 2(47)(v) of the Act was not complied with within the meaning of Section […]

Section 50C cannot be applied in the year in which Transfer not taken palce

February 25, 2021 2349 Views 0 comment Print

Armatic Engineering (P) Ltd. Vs DCIT (ITAT Bangalore) Regarding the issue of applicability of section 50C of the Act, the assessee objected for adopting value of 50C as per guidance value, at the time of assessment, a letter requesting for reference to the valuation itself was also made by letter dated 19.03.2015 addressed to the […]

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