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ITAT Bangalore

ITAT deletes Addition for 850 gms gold Jewellery held by Joint Family

January 28, 2021 1140 Views 0 comment Print

ITAT Bangalore ruling on jewellery dispute. Assessing gold bullion, jewellery values. Assessee vs DCIT case details. Read the full judgment.

No TDS on cash medical benefit provided to LIC employees

January 21, 2021 2790 Views 0 comment Print

Assesse was under a bonafide belief that cash medical benefit were only reimbursement of the expenditure incurred by the employees, and as such they could not form part of their income, therefore,  no tax could be recovered from the employer on account of short deduction of tax at source under section 192(1), if a bona fide estimate of salary taxable in the hands of the employee was made by the employer.

Disallowance of helicopter expense of Kingfisher : ITAT restores issue to AO

January 19, 2021 408 Views 0 comment Print

JCIT (OSD) Vs Kingfisher Airlines Limited (ITAT Bangalore) The first issue is related to disallowance of helicopter expenses. We notice that the A.O. was constrained to make adhoc disallowance since the assessee has failed to furnish details called for by the A.O. We also notice that the assessee did not appear before Ld. CIT(A) also. […]

Section 271AAB penalty cannot be levied if no search U/s. 132

January 19, 2021 2433 Views 0 comment Print

Ashok B Sureban Vs ACIT (ITAT Bangalore) AO levied penalty u/s. 271AAB of the Act on account of undisclosed income declared by the assessee during the post-survey proceedings on 6.8.2015. Against this, the assessee went in appeal before the CIT(Appeals). The CIT(Appeals) confirmed the levy of the penalty u/s. 271AAB of the Act. Aggrieved, the […]

TDS not deductible on Interest to Associate Members by Co-Op Credit Society

January 18, 2021 1539 Views 0 comment Print

We hold that the assessee is not liable to deduct tax at source from the interest payments made to Associate members as per sec.194A(3)(v) of the Act.

Group service fees paid to AEs: ITAT restore the matter to AO / TPO

January 12, 2021 1086 Views 0 comment Print

Disa India Limited Vs ITO (ITAT Bangalore) The Tribunal in assessee’s own case for assessment year 2012-2013 (supra) had directed to do afresh transfer pricing analysis and determine the ALP of international transactions with regard to group service fees paid by the assessee to its AEs. In view of the Tribunal order in assessee’s own […]

Limitation Period for second rectification should reckon from original order date

January 11, 2021 2412 Views 0 comment Print

Karnataka Power Corporation Limited Vs ACIT (ITAT Bangalore) Hon’ble jurisdictional High Court in the case of M/s. Kothari Industrial Corporation Limited v. The Agricultural Income Tax Officer reported in 230 ITR 306 had held that the period of limitation for a second rectification should be reckoned from the date of original order, if subject matter […]

Proportionate Section 80IB(10) deduction allowable if Built-up area of some units exceeds1,500 sq.ft.

January 7, 2021 1998 Views 0 comment Print

ACIT Vs Eagleton Property Holdings (ITAT Bangalore) Whether the deduction under section 80IB(10) can be allowed on proportionate basis in respect of residential units having a built up area of 1500 sq.ft. or less. On this aspect, the CIT(A) held that the assessee would be entitled to deduction under section 80IB(10) of the Act on […]

Education & secondary higher education cess not disallowable

January 7, 2021 1986 Views 0 comment Print

Honeywell Technology Solutions Lab Pvt. Ltd. Vs DCIT (ITAT Bangalore) We respectfully following the aforesaid judgment of the Honable High Court of Bombay in the case of Sesa Gold Limited (supra), therein conclude that ‘Education Cess’ and the Secondary and Higher Education Cess is not disallowable as a deduction u/s 40(a)(ii) of the Act. FULL […]

ITAT allows section 54 deduction on multiple flats in same premises

January 6, 2021 8463 Views 0 comment Print

Maurice Patrick De Rebello Vs ITO (ITAT Bangalore) The facts of the assessee’s case are similar to the case of Smt.K.G.Rukminiamma reported in 331 ITR 221 (Kar.) In the case of K.G.Rukminiamma (supra) the assessee on a site measuring 30′ x 110′ had a residential premises. Under a joint development agreement the assessee gave that […]

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