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ITAT Bangalore

Delete TP adjustment by way of royalty Against Himalaya Drug Company- ITAT Directs AO

November 2, 2020 1101 Views 0 comment Print

Himalaya Drug Company Vs ACIT (ITAT Bangalore) We noticed that the assessee has exported finished goods to its AEs located in various Countries and the AEs have only marketed the goods. Since the finished goods exported by the assessee are drugs and beauty care items, the assessee was required to comply with the requirement of […]

FMV of shares: Jurisdiction of AO to reject valuation methods adopted by Assessee

November 2, 2020 3009 Views 0 comment Print

Canvera Digital Technologies Pvt. Ltd Vs DCIT (ITAT Bangalore) From the details filed, Ld.AO observed that, assessee had computed the value as per DCF method and that there was nothing to suggest that DCF method was an appropriate method to value the shares. Ld.AO rejected DCF method adopted by assessee for the reasons that cash […]

Order passed without giving effect to ITAT Direction been restored to AO for fresh order

November 1, 2020 2490 Views 0 comment Print

Dell International Services India Pvt. Ltd. Vs JCIT (ITAT Bangalore) We find that before us, there are 3 grievances of the assessee. The first grievance is regarding assessee’s request for exclusion of comparable M/s. Comp-U-Learned Tech India Ltd. The second grievance is regarding assessee’s request for exclusion of CAT Technology Ltd. The third grievance of […]

ITAT Remand Back Case to CIT(A) for analysis of Nature of Service

October 30, 2020 1947 Views 0 comment Print

The issue under consideration is whether assessee engaged in business relating to online advertising is considered as technical services or royalty Section 9(1)(vii) of the Income Tax Act, 1961?

Expense on Microsoft EAS licence renewal of AXABS software: ITAT remands case back to CIT(A)

October 28, 2020 1299 Views 0 comment Print

AXA Business Services Pvt. Ltd. Vs DCIT (ITAT Bangalore) We have considered the rival submissions. We find that despite all the details having been filed by the assessee before the CIT(Appeals), the CIT(Appeals) has not considered those submissions with regard to the sum disallowed by the AO, except the sum of Rs.81,52,209 which was incurred […]

To claim depreciation ready for use of Asset is enough

October 27, 2020 2235 Views 0 comment Print

Mantri Developers Private Limited Vs DCIT (ITAT Bangalore) As per these provisions, even if the building is not actually let out and the assessee is not occupying the same for the purpose of business, Annual Value of the building is to be estimated at the sum for which the property might reasonably be expected to […]

Foreign exchange gains/loss from trade debtors/Creditors is operating in nature

October 21, 2020 3117 Views 0 comment Print

Galax E Solutions India Pvt. Ltd. Vs ITO (ITAT Bangalore) The revenue is assailing the decision of Ld DRP in holding that the gain/loss arising on account of fluctuation in foreign exchange is operating income/expenses. We notice that the Ld DRP has followed the decision rendered by the Tribunal in the case of Sap Labs […]

Section 14A disallowance cannot exceed amount of exempt Income

October 20, 2020 1929 Views 0 comment Print

The issue under consideration is whether the disallowance u/s 14A can exceed the amount of exempt income? In the light of the order of M/s.Century Real Estate Holdings Pvt. Ltd. v. ACIT (supra), ITAT hold that the disallowance u/s 14A of the I.T.Act cannot exceed the exempt income.

Transfer Pricing: Functionally dissimilar comparable cannot be adopted

October 19, 2020 1629 Views 0 comment Print

M/s. Blue Yonder India Private Limited, (Formerly JDA Software India Private Limited) Vs DCIT (ITAT Bangalore) E-INFOCHIPS LIMITED- The Annual Report of e-Zest Solutions Limited for assessment year 2010-2011 (placed at page 527 to 534 of the paper book) clearly demonstrates that it is engaged in end to end product development, including product design and […]

No reopening if no failure of assessee to disclose fully & truly all material facts necessary for assessment

October 16, 2020 1848 Views 0 comment Print

Reopening of assessment  under section 147 was not justified when there was no evidence to show that there was escapement of income due to failure on the part of assessee to disclose fully and truly all material facts necessary for assessment.

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