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ITAT Bangalore

ITAT upheld addition for delayed deposit of employees’ contribution to PF/ESI

December 21, 2022 1875 Views 0 comment Print

DCIT Vs Automac Diesels (ITAT Bangalore) ITAT held that addition can be made in respect of the employees’ contribution in regard to PF/ESI, which has not been deposited within the stipulated date as per the respective Act, since in the case on hand, the assessee has not deposited the employees, contribution within the due date […]

Addition towards unexplained deposits unsustainable as confirmation letter from Donor duly filed

December 20, 2022 915 Views 0 comment Print

ITAT Bangalore held that once the confirmation letter was filed by the assessee from Donor, the burden cast upon assessee is discharged and it would shift to revenue authorities. The Revenue authorities cannot make addition towards unexplained deposits without making any further enquiry.

Outflow towards cost of acquisition cannot be ignored for non-registration of assignment agreement

December 19, 2022 1059 Views 0 comment Print

ITAT Bangalore held that merely for the reason that the assignment agreement is not registered, the actual outflow from the hands of the assessee towards acquisition of the property cannot be ignored for computing the capital gains.

Deduction u/s 54 was allowable in case capital gains were utilized within time specified but sale deed was not registered

December 17, 2022 5880 Views 0 comment Print

Utilisation of capital gains within time specified would entitle assessee to claim deduction under section 54, notwithstanding fact that new asset was registered beyond period specified under section 54, which according to assessee was beyond her control and was to be liberally construed.

Section 68 not applicable to remittance made by non-resident

December 17, 2022 6597 Views 0 comment Print

ITAT Bangalore held that provisions of section 68 of the Income Tax Act are not applicable to the remittance made in India by non-resident.

Remuneration u/s 40(b)(v) available on additional income offered

December 16, 2022 2136 Views 0 comment Print

ITAT Bangalore held that as the additional income offered is considered as business income, remuneration u/s. 40(b)(v) of the Income Tax Act is available on the same.

Renting income from cargo agents, airlines, etc. eligible for deduction u/s 80IA

December 14, 2022 900 Views 0 comment Print

ITAT Bangalore held that rental income is inseparably connected with the business carried on by the assessee and emanate directly from the business of the undertaking. Accordingly, rental income derived by the assessee from Cargo Agents, Airlines, Banks etc., is derived from the cargo business and eligible for deduction u/s. 80IA. The addition is deleted.

Cash deposited during demonetization period due to cash sales cannot be added as unexplained

December 12, 2022 16656 Views 0 comment Print

ITAT Bangalore held that cash deposited on account of cash sales during demonetization period cannot be added as unexplained under section 68 of the Income Tax Act as AO didn’t rejected the books of accounts nor brough anything contrary on records to show that cash sales is not the source for cash deposit.

Order to disrupted/ partitioned HUF is invalid

December 12, 2022 852 Views 0 comment Print

ITAT Bangalore held that HUF was disrupted / partitioned as on the date of assessment order and hence the assessment order in the status of HUF is invalid.

Jewellery deposited by family members of partner treated as stock in trade

December 12, 2022 3117 Views 0 comment Print

ITAT Bangalore held that the deposit of gold jewellery by family members of a partner in the partnership firm would be treated as the stock in trade of the firm as agreement between the firm and the partners provides that the jewellery given by the partner can be used by the firm and sold by the firm.

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