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ITAT Bangalore

Consideration for right to use copy right shrink-wrap software amounts to royalty

November 13, 2015 819 Views 0 comment Print

M/s Tejas Networks Ltd. Vs. DCIT (ITAT Bangalore) As per the provision of sec. 192 of the Income-tax Act 1961, the assessee was liable to deduct tax at source on the payment made to Cadence Designs Systems Ireland .

Higher warranty provision cannot be disallowed without examining basis/working of claim

November 8, 2015 1545 Views 0 comment Print

The ITAT Bangalore in the case of Hewlett Packard India Sales P. Ltd held that creation of warranty Provision which is much higher than previous years provision cannot be disallowed without examining the scientific basis used by the assessee in working out the same.

Registration u/s 12AA cannot be denied to partly religious & partly charitable trust

November 7, 2015 853 Views 0 comment Print

ITAT Bangalore held in Sri Maramma Temple Seva Trust Vs CIT that even if the objective of an organization was both religious and charitable then also registration u/s 12AA could not be denied on the basis that registration could only be granted either to wholly religious

ITAT dismisses appeal on failure to file revised Form No. 36 post amalgamation

October 7, 2015 2406 Views 0 comment Print

Rights and liabilities of erstwhile company were transferred to new company, therefore, it was essential to move an application for filing on record the amended memo of parties and also to file a fresh Form 36, mentioning the amalgamation of the assessee company with new company to peruse appeals in the name of new entity. Since assessee despite directions given by the Bench, failed to file amended Form 36, Bench was left with no option but to dismiss the appeals.

Deduction U/s. 10A cannot be disallowed for mere belated receipt of export proceeds

October 3, 2015 1688 Views 0 comment Print

In case of ITO VS. M/s.Testree Solutions Pvt. Ltd, ITAT Bangalore held that the export proceeds received after the expiry of the period of six months from the end of the relevant previous year was to be allowed as a deduction u/s 10A .

Functionally dissimilar company cannot be considered as comparable for computation of ALP

October 3, 2015 837 Views 0 comment Print

In case of M/s. AT & T Global Business Services India Pvt.Ltd. VS. ITO , assessee-company, engaged in business of software development and providing application services to its AE. TPO on basis of mean margin earned by his own set of comparables

No addition U/s. 68 if credits are not related to relevant Assessment year

September 25, 2015 1504 Views 0 comment Print

Glen Villiams Vs. ACIT (ITAT Bangalore)- Assesse was a dealer of bakery products, filed its return. During assessment, it was found that assesse represented certain amount towards sundry creditors in its books.

‘Such income’ in Section 11(1)(a) stands for ‘Gross Income’ not ‘Net Income’

September 6, 2015 29554 Views 0 comment Print

Public Education Society Vs DDIT (Exemptions) (Bangalore ITAT) Since the expenditure incurred by the assessee was more than 93% of the gross receipts, no part of the gross receipts are liable to be taxed in the year under consideration, as the balance amount was set apart for application in the next year.

Notice u/s 274 should specify Grounds of Imposition of Penalty

September 2, 2015 20121 Views 0 comment Print

In the case Shri B L Dasraj Urs Vs. ITO the Hon’ble Bangalore ITAT held that show cause notice u/s 274 is defective if it does not spell out the grounds on which penalty is sought to be imposed.

Loss due to short landing of goods allowable as business expenditure

September 1, 2015 1288 Views 0 comment Print

The ITAT Bangalore in the case of M/ s Sigma Aldrich Chemicals P. Ltd. held that when short landing of goods is common having regard to the nature of goods and such loss is negligible , then it has to be allowed deduction as business expenditure.

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