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ITAT Bangalore

Proviso to section 36(1)(iii) not applicable as sufficient internal cash accruals available

June 8, 2023 936 Views 0 comment Print

ITAT Bangalore held that proviso to Section 36(1)(iii) of the Income Tax Act is not applicable in the present case as sufficient internal cash accruals available during the impugned year are more that interest free funds advanced to the sister concern.

Depreciation u/s 32 allowable only when asset is put to use for business purpose

June 5, 2023 11778 Views 0 comment Print

ITAT Bangalore held that depreciation under section 32 of the Income Tax Act is allowable only when the asset is put to use for the business purpose. Notably, the onus is on the assessee to prove that the assets are put to use for the business purposes only.

Compulsory convertible debentures not equity – Interest allowable

June 4, 2023 6243 Views 0 comment Print

Till date of conversion, interest paid on CCDs cannot be treated as interest on equity & interest is allowable as expenditure u/s. 36(1)(iii)

Reimbursement of salary for seconded employee cannot be taxed as FTS

June 1, 2023 2745 Views 0 comment Print

ITAT Bangalore held that reimbursement of salary for seconded employee cannot be regarded as ‘Fee for technical services’ (FTS) under India-US Tax Treaty (DTAA).

Deduction u/s 80P(2)(a)(i)/ 80P(2)(d) not available on common interest earned from investment in co-operative banks

May 31, 2023 4056 Views 0 comment Print

ITAT Bangalore held that common interest earned from investment in co-operative banks is not eligble for deduction u/s 80P(2)(a)(i) or 80P(2)(d) of the Income Tax Act.

Section 54F Deduction allowed despite Non-Construction of New House within Prescribed Time Limit  

May 26, 2023 10959 Views 0 comment Print

Delve into the Sharada Mohan Shetty Vs ITO case, analyzing the intricacies of Sec. 54F exemption claim, construction delays, and legal implications.

Expenditure towards ESOP is allowable deduction u/s 37

May 24, 2023 1827 Views 0 comment Print

ITAT Bangalore held that expenditure towards Employees Stock Option Plan (ESOP) is allowable deduction u/s 37 of the Income Tax Act.

Capitalized Expense shouldn’t be considered for computation of proportionate TP adjustment

May 22, 2023 951 Views 0 comment Print

ITAT Bangalore held that as professional and consultation charges & purchase of fixed assets are capitalized in the books of accounts, it should not be considered for computation of proportionate TP adjustment.

Disallowance u/s 36(1)(va) sustained for non-deposit of employees contribution within relevant due date

May 22, 2023 1698 Views 0 comment Print

ITAT Bangalore held that employees contribution has to be deposited within the due date under the relevant employee welfare legislation like PF Act, ESI Act etc. Accordingly, disallowance u/s. 36(1)(va) sustained because of non-deposit within relevant due date.

Penalty order passed in the name of death person after death is invalid

May 21, 2023 8952 Views 0 comment Print

ITAT Bangalore held that any proceedings taken against the deceased before his death shall be deemed to have been taken against the legal representative. However, penalty order passed in the name of death person after his death is invalid.

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