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ITAT Bangalore

Payments towards Interconnectivity Utility Charges not royalty/ FTS hence not taxable

August 31, 2023 798 Views 0 comment Print

ITAT Bangalore held that payments received by assessee towards interconnectivity utility charges from Indian customers / end users cannot be considered as Royalty / FTS to be brought to tax in India under section 9(1)(vi)/(vii) of the Act and also as per DTAA.

Email Notice Non-Compliance due to Online Service Knowledge Gap: ITAT Directs Re-adjudication

August 30, 2023 672 Views 0 comment Print

ITAT Bangalore reviews Behra Gopal Krishna Rao’s case, highlighting the challenge of email notices for individuals unfamiliar with computers. Details inside.

Revisionary proceedings u/s 263 justified as AO passed order without necessary enquiry

August 25, 2023 696 Views 0 comment Print

ITAT Bangalore held that PCIT duly invoked provisions of section 263 of the Income Tax Act as assessment order was passed by AO without carrying out necessary enquiry/verification.

Interest earned by co-op society from investment with other co-op society deductible u/s 80P(2)(d)

August 17, 2023 2580 Views 0 comment Print

ITAT Bangalore held that section 80P(2)(d) of the Income Tax Act provides deduction to co-operative society from income earned by way of interest/ dividends from its investment with any other co-operative society.

Expenditure on scientific research not certified by DSIR is allowable as deduction u/s 37

August 17, 2023 1560 Views 0 comment Print

ITAT Bangalore held that weighted deduction u/s 35(2AB) is not allowable for expenditure incurred on scientific research as the same are not certified by DSIR. However, such expenditure are allowable as deduction u/s 37 of the Income Tax Act.

Failure to Timely Pay Employee’s PF Contribution Negates Deduction Claim

August 12, 2023 1575 Views 0 comment Print

Employer’s and employee’s contributions to PF are treated differently under the Income Tax Act. While the delay in employee’s contribution permanently negates the employer’s claim for deduction, the delay in employer’s contribution only results in the deferment of deduction under Section 43B.

Interest on Duty Drawback Refund Not a Penalty

July 28, 2023 3825 Views 0 comment Print

ITAT Bangalore held that interest paid towards refund of excess claim of duty drawback is not in the nature of penalty or fine. Accordingly, provisions of Explanation 1 to section 37(1) of the I.T. Act not violated.

Poor knowledge about ITBA portal: ITAT Bangalore Directs Re-adjudication

July 22, 2023 768 Views 0 comment Print

Overview and analysis of the ITAT Bangalore’s decision to direct re-adjudication due to the assessee’s unfamiliarity with the ITBA portal in the Krishnan Sivaprasad vs ITO case.

Land Sale Case – ITAT Restores Smt Ganigara Rekha Venugopal Vs ACIT Case to AO

July 21, 2023 426 Views 0 comment Print

Examination of the recent ITAT order in the case of Smt Ganigara Rekha Venugopal Vs ACIT, regarding the claim of deduction under the Income from Other Sources, providing an in-depth analysis of the facts and rulings.

No Penalty under Section 271A for Maintained Books of Account

July 20, 2023 4278 Views 0 comment Print

The ITAT Bangalore in the case of Suresh Sharma vs ITO reaffirms the principle that penalty proceedings under Section 271A of the Income Tax Act cannot be initiated if the Books of Account are properly maintained

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