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ITAT Bangalore

Carbon Credit sale receipt is Capital Receipt & Not Liable to Tax

August 18, 2020 2082 Views 0 comment Print

DCIT Vs Bhoruka Power Corporation Ltd. (ITAT Bangalore) The issue under consideration is whether receipt on account of sale of carbon credit is Revenue Receipt or Capital Receipt? ITAT states that carbon credit is in the nature of ‘an entitlement’ received to improve world atmosphere and environment reducing carbon, heat and gas emissions. The entitlement […]

IBM India liable to pay interest for delay in filing ITR on incremental income pursuant to APA: ITAT

August 16, 2020 1776 Views 0 comment Print

IBM India Pvt. Ltd. Vs ACIT (ITAT Bangalore) It has been submitted by Ld.Counsel that as a consequence of APA entered into by assessee, income was increased vis-a-vis original computation at page 322. Referring to revised computation at page 328 of paper book volume 1, he submitted that, incremental increase in the income is Rs.7,74,2 […]

Section 56(2)(viib) AO cannot change DCF method adopted by assessee

August 14, 2020 2949 Views 0 comment Print

I-Exceed Technology Solutions Pvt. Ltd. Vs ITO (ITAT Bangalore) The provisions of Rule 11UA(2)(b) of the Rules provides that, the Assessee can adopt the fair market value as per the above two methods and the choice of method is that of the Assessee. The Tribunal has followed the judgment of Hon’ble Bombay High Court rendered […]

Actual results of later years cannot be used for Valuation of shares: ITAT

August 5, 2020 1590 Views 0 comment Print

Flutura Business Solutions Pvt. Ltd. Vs ITO (ITAT Bangalore) We are of the view that, the Assessing Officer has erred in considering the actuals of revenue and profits declared in the future years as a basis to dispute the projections. At the time of valuing the shares as on 16.04.2012, the actual results of the […]

Section 54F deduction restricted to only one residential property

July 31, 2020 5301 Views 0 comment Print

The issue under consideration is whether the capital gain deduction benefit is restricted to only one residential property under section 54F of the Income Tax Act?

ITAT extends Stay of demand as Delay was Not Attributable to Assessee

July 31, 2020 2097 Views 0 comment Print

Infosys Ltd. Vs The ACIT (ITAT Bangalore) The issue under consideration is whether the stay application seeking an extension of the stay approve by the Tribunal? In the present case, the assessee submitted that the appeal had been fixed for hearing on January 20, 2020, when the earlier stay order was passed. Thereafter, the case […]

DTAA overrides Section 206AA of Income Tax Act, 1961

July 21, 2020 6387 Views 0 comment Print

DCIT Vs Bharath Fritz Werner Ltd. (ITAT Bangalore) At the time of hearing it was not disputed that the issue raised by the revenue in its appeals are already decided by a Special Bench of ITAT, Hyderabad. The issue regarding the applicability of provisions of section 206AA of the Act, in cases of tax to […]

Issue of Share at a premium: AO cannot change valuation method

July 13, 2020 1749 Views 0 comment Print

ITAT held that AO can scrutinize the valuation report and he can determine a fresh valuation either by himself or by calling a determination from an independent valuer to confront the assessee but the basis has to be DCF method and he cannot change the method of valuation which has been opted by the assessee.

Peak Credit Computation- Both deposits & withdrawal needs to be considered

July 13, 2020 885 Views 0 comment Print

Shri B.A.Moideen Bava Vs DCIT (ITAT Bangalore) The issue raised by assessee is on merits is regarding peak credits in unaccounted bank accounts of assessee’s. It has been submitted that peak credit has to be computed on the basis of actual deposits and withdrawal and not on the basis of cash deposit alone. Accordingly, we […]

No section 271C penalty for non-deduction of TDS on LTA

June 30, 2020 1050 Views 0 comment Print

The issue under consideration is whether the AO is correct in levying penalty u/s 271C of the Act for non-deduction of tax at source on Leave Travel Allowance?

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