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ITAT Bangalore

Deemed Registration if CIT fails to dispose off sec. 12AA application within 6 months

June 4, 2018 2658 Views 0 comment Print

Visvesvaraya Technological University Vs CIT (Exemptions) (ITAT Bangalore) Assessee has moved an application for registration under section 12A on 25.05.1999, but this application was not disposed of by the CIT and it was kept pending and assessee was persuaded by the Revenue to file another application for registration. Vide letter dated 2 1.01.2002, the assessee has also […]

Interest on enhanced compensation for compulsory acquisition of agricultural land eligible for exemption U/s. 10(37)

June 1, 2018 24318 Views 1 comment Print

ITO Vs Shri Basavaraj M Kudarikannur (ITAT Bangalore) We have considered the submissions of the ld. DR. It is not disputed by the AO that the land acquired was agricultural land and the conditions laid down u/s. 10(37)(i) to (iv) are applicable to the land which is in question which was compulsorily acquired. It is […]

TDS deductible on Rent-Free Accommodation provided to Employees of Society

May 31, 2018 3249 Views 0 comment Print

This is an appeal filed by the assessee directed against the order of the learned Commissioner of Income-tax (Appeals)-13, Bengaluru [CIT(A)] dated 21/06/2017 for the assessment years 2011-12 to 2013-14.

Interest on funds which are to be deployed for construction of plant in future cannot be treated as Income

May 23, 2018 4314 Views 0 comment Print

Ms. Bank Note paper Mill India Pvt. Ltd Vs ITO (ITAT Bangalore)  ITAT held that where the interest receipt is directly connected or incidental to working of construction of assessee plant, it should be reduced from the capital cost of project and not be treated as income. Statement provided by assesse in form of Annexure […]

Section 50C- ITAT deletes addition of 8% difference in Value

May 4, 2018 1413 Views 0 comment Print

Shri B.S. Sanjay [HUF] Vs ITO (ITAT Bangalore) In the present case, the sale consideration as per sale deed is Rs. 59.40 Lakhs and the value adopted by DVO u/s. 50C (2) is Rs. 64,10,400/- and therefore, the difference between these two values is of Rs. 4,70,400/- which is less about 8% of the sale […]

AO cannot ignore sale price declared by assessee without any basis

April 25, 2018 3186 Views 0 comment Print

Flipkart India (P) Ltd. Vs ACIT (ITAT Bangalore) Where the assessee sold goods at loss in order to create market for itself, AO disregarded the loss without any basis and converted the same into income then action of AO was not justified. What can be taxed is only income that accrues or arises as laid […]

section 57(iii) Expense allowable only if the same was for earning income taxable under the head ‘income from other sources’

April 20, 2018 86208 Views 1 comment Print

Regarding the allowability of deduction under clause (iii) of section 57, it has to be established by the assessee that expenditure has been exclusively laid out or expended wholly and exclusively for the purpose of making or earning such income taxable under the head ‘income from other sources

TDS deductible on Commission retained by Airline Operators for Collecting Passenger Service Fee

April 19, 2018 4998 Views 0 comment Print

M/s. Delhi International Tax Airport Pvt. Ltd Vs DCIT (ITAT Bangalore) Once it has been repeatedly held that Airlines Operators are collecting the PSF on behalf of the Airport Authorities/Operators and the PSF is to be paid to the airport authority in terms of the notifications issued by the MOCA at different points of time,the […]

Provision for warranty made on scientific way and based on past history is allowed as deduction

April 16, 2018 2163 Views 0 comment Print

Provisions for expenditures have to be made in the reasonable way otherwise the same may be disallowed while computing the income and tax thereon of an assessee

Section 195 Payment towards Import of Software Amounts to Royalty

March 23, 2018 19635 Views 0 comment Print

The CIT (A) has failed to understand that your appellant was not under any legal obligation to effect TDS on purchase of Computer Software in F.Y. 2011-12 as these were considered as purchase of goods under the then existing provisions of law and subjected to customs duty. Purchase of computer software was brought under the definition of Royalty vide the Finance Act 2012 with retrospective effect.

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