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ITAT Bangalore

Profit from sale of unfinished building taxable as long or short term capital gains

January 12, 2023 3222 Views 0 comment Print

The definition of capital asset as per section 2(14) of the I.T.Act is wide enough to include property of any kind held by an assessee (including an unfinished building) and the sale proceeds of the same would be liable for capital gains as long term capital gains or short term capital gains, depending upon the period of holding.

Expense reduced from export turnover should also be reduced from total turnover for calculating deduction u/s 10AA

January 10, 2023 1164 Views 0 comment Print

Infosys Ltd Vs ACIT (ITAT Bangalore) ITAT Bangalore held that expenditure reduced from export turnover should also be reduced from total turnover while computing deduction under section 10AA of the Income Tax Act. Facts- During the relevant previous year, the assessee had incurred brand building expenses of Rs.81,79,53,112/-. The brand building expenditure were in the […]

Deduction u/s. 80P available to entities registered under Karnataka Souharda Sahakari Act, 1997

January 9, 2023 2634 Views 0 comment Print

ITAT Bangalore held that deduction under section 80P of the Income Tax Act is duly available to the entities registered under Karnataka Souharda Sahakari Act, 1997.

Section 80P deduction cannot be denied merely for non-filing of ITR

January 8, 2023 6903 Views 0 comment Print

Section 80AC contemplates denial of deduction in respect of certain provisions of Chapter VI ‘A’ of the Act, if ITR is not filed. Those provisions do not apply to the claim for deduction u/s. 80P.

Penalty leviable for delay filing of return as assessee is habitual defaulter

January 6, 2023 2088 Views 0 comment Print

ITAT Bangalore held that penalty under section 271F of the Income Tax Act leviable as assessee being a habitual defaulter filed income tax return for four years filed belatedly

Transfer of assets and liabilities in group amounts to slump sale

January 4, 2023 5610 Views 0 comment Print

ITAT Bangalore held that where the assets and liabilities of an undertaking are sold as a group or lumped together such a sale would qualify as a slump sale Accordingly capital gain on the same should be computed as section 45 to 50 of the Income Tax Act.

Net interest income on deposits with scheduled bank is taxable u/s 56 of Income Tax Act

January 1, 2023 8643 Views 0 comment Print

ITAT Bangalore held that interest on deposits kept with scheduled banks only the net interest i.e. the interest income reduced by the administrative expenses and other proportionate expenditure to earn the said income had to be brought to tax u/s 56 of the I.T. Act.

Section 269St not applies if assessee not received cash of more than Rs. 2 lakh in a day from one party

January 1, 2023 1794 Views 0 comment Print

Balaji Auto Enterprises Mysore Pvt. Ltd. Vs ACIT (ITAT Bangalore) ITAT observe from the order of the AO that the assessee has received cash more than 2.00/- Lakh from the four parties on different dates. As per the opinion of the AO the assessee has violated the provision of section 269ST, therefore, he imposed the […]

Order passed without mentioning DIN is invalid

December 31, 2022 2487 Views 0 comment Print

ITAT Bangalore held that orders passed u/s 92CA of the Income Tax Act without mentioning of Document Identification Number (DIN) is invalid and deemed to have been never issued. Hence TP adjustments made through the order is also invalid.

Construction cost and saleable project area should be considered while recognizing revenue

December 27, 2022 3600 Views 0 comment Print

ITAT Bangalore held that from clause (5) of Guidance Note issued by ICAI that the cost of construction and also saleable project area needs to be taken into account while recognizing revenue under the Percentage Completion Method.

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