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ITAT Bangalore

Proviso to section 36(1)(vii) cannot be applied for disallowing deduction claimed on bad debts relating to non-rural advances

May 18, 2023 2238 Views 0 comment Print

ITAT Bangalore held that when the proviso to section 36(1)(vii) applies to bad debts written off relating to rural advances, the same cannot be applied for disallowing deduction claimed on account of write off of bad and doubtful debts relating to nonrural/urban advances.

Bad debts relating to non-rural branches are allowable u/s 36(1)(vii)

May 18, 2023 1308 Views 0 comment Print

ITAT Bangalore held that bad debts relating to non-rural branches are allowable under section 36(1)(vii) of the Income Tax Act.

No section 271B Penalty for not getting audited due to bonafide belief of non-applicability of Tax Audit

May 18, 2023 942 Views 0 comment Print

Admittedly, the assessee had got the books of account audited for the first time for the relevant assessment year. Prior to the relevant assessment year, the assessee was under the bonafide belief that only the gross commission receipts are to be taken as turnover for the purpose of audit.

Addition for Cash deposit during demonetisation Period: ITAT directs AO to follow CBDT Circulars

May 16, 2023 3327 Views 0 comment Print

Explore the case of Shri T. Sriranga (HUF) vs ITO (ITAT Bangalore), where the Income Tax Appellate Tribunal remanded the issue of cash deposit disallowance back to the Assessing Officer for verification in accordance with CBDT circulars.

Violation of procedural norm does not extinguish substantive right of claiming Foreign Tax credit

May 16, 2023 1110 Views 0 comment Print

Sri. Sandeep Patwari Vs DCIT (ITAT Bangalore) Violation of procedural norm does not extinguish substantive right of claiming Foreign Tax credit (FTC) Assessee received 143(1) intimation wherein the foreign tax credit (FTC) of Rs.14,02,442 was not granted. Rectification application filed u/s 154 too did not allow the claim of the assessee. CIT(A) confirmed the 154 […]

Value of building not mentioned in fixed assets hence claim of deduction of cost not allowable

May 8, 2023 1728 Views 0 comment Print

ITAT Bangalore held that claim of deduction of cost of building is not allowable as there was no mentioning of any value of the building in the schedule of the fixed assets.

Reopening beyond 4 years of assessment u/s 143(3) without allegation of non-disclosure is untenable

May 4, 2023 3663 Views 0 comment Print

ITAT Bangalore held that reopening beyond the period of 4 years of completion of assessment u/s 143(3) without allegation regarding non-disclosure of full and true material facts is bad-in-law.

No disallowance of interest expenditure u/s. 40(a)(ia) for non furnishing form 15G / form 15H

April 26, 2023 1443 Views 0 comment Print

Ravindra Dayanand Sankeshwar Vs DCIT (ITAT Bangalore) Assessee, an individual/ proprietor claimed expenses  towards interest  on unsecured loans. 30% disallowance of interest expenditure for non-deduction of TDS was upheld by CIT(A) holding that Act requires the forms to be submitted before the competent authority during the year under consideration and not at the time scrutiny […]

Distribution fees paid by Google India to Google Ireland doesn’t attract TDS u/s. 195

April 25, 2023 1341 Views 0 comment Print

ITAT Bangalore held that distribution fees paid by Google India Private Ltd. (Google India) cannot be treated as DAPE (Dependent Agent Permanent Establishment) of Google Ireland Ltd (Google Ireland). Accordingly, distribution fees paid by Google India to Google Ireland doesn’t attract TDS u/s. 195.

CUP is most appropriate method for determining ALP for importing goods for manufacturing segment

April 24, 2023 1356 Views 0 comment Print

ITAT Bangalore held that Comparable Uncontrolled Price (CUP) is the most appropriate method for determining the Arm’s Length Price of the assessee for the importing of goods for manufacturing segment.

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