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ITAT Bangalore

Reversal of provision of inventory written off due to obsolescence allowed: ITAT Bangalore

November 12, 2024 2307 Views 0 comment Print

ITAT Bangalore held that deduction towards reversal of provision for inventory written off due to obsolescence allowable since the same stands offered to tax in the year in which provision was created.

Payment by Google Ireland not in nature of royalty is not taxable in India: ITAT Bangalore

November 9, 2024 1380 Views 0 comment Print

ITAT Bangalore held that payments made by [Google Ireland Limited] GIL towards Adwords program is not in the nature of royalty or FTS [Fees for Technical Service] and hence the same is not taxable in India.

Penalty u/s. 271D set aside as claim made in an open and bonafide manner: ITAT Bangalore

November 7, 2024 1092 Views 0 comment Print

ITAT Bangalore held that penalty under section 271D of the Income Tax Act not leviable in terms of section 273B of the Income Tax Act since claim of exemption u/s. 54 is made in an open and bonafide manner.

No TDS liability u/s 195 on sales commission paid to overseas subsidiary for non-technical services as same was not ‘FTS’

October 29, 2024 1569 Views 0 comment Print

Sales and marketing services rendered to assessee by its US based subsidiary did not fall within the ambit of FTS as defined u/s 9(1)(vi) or Article 12 of India-US DTAA as  making available service did not make available knowledge, experience, skill etc.

CIT(A) referenced wrong facts and findings: ITAT directs Fresh Adjudication

October 27, 2024 555 Views 0 comment Print

ITAT Restores Case to CIT(A) as CIT(A) inadvertently referenced facts and findings not present in the assessment order, leading to discrepancies in the appellate review.

Section 115JB Inapplicable to corresponding new bank: ITAT Bangalore

October 26, 2024 633 Views 0 comment Print

The fiction created by Section 11 of the Acquisition Act, does not imply that the assessee bank would also become a company for the purpose of the Companies Act for which Clause (b) of Sub-Section 2 of Section 115JB is applicable.

Interest on delayed payment of custom duty deductible u/s. 37: ITAT Bangalore

October 24, 2024 3054 Views 0 comment Print

ITAT Bangalore held that interest due to delayed payment of custom duty is deductible u/s 37 of the Act as it is an accretion to the main payment and not a penalty and accordingly allowable as deduction.

Bank’s Claim for non- rural bad debt write off u/s 36(1)(vii) was allowable without adjusted against provisions for bad and doubtful debts.

October 21, 2024 1371 Views 0 comment Print

Section 36(1)(vii) of ITA applied separately to non-rural debts, while Section 36(1)(viia) of the tax statute only applied to rural debts, making it clear that banks were entitled to claim both deductions, provided they pertained to different types of advances.

Email Error Causes Non-Appearance before CIT(A): ITAT directs Fresh Adjudication

October 20, 2024 975 Views 0 comment Print

ITAT Bangalore allows appeal for Saraswathi M Khjuri, remanding the case for fresh adjudication due to communication errors and procedural concerns in the assessment process.

Cost imposed on assessee for not responding during assessment and appellate proceedings: ITAT Bangalore

October 16, 2024 687 Views 0 comment Print

ITAT Bangalore held that there was no proper response during the assessment proceedings as well as in the appellate proceedings. Accordingly, issue remanded back to the file of AO subject to payment of costs of Rs. 5,000.

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