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ITAT Bangalore

Addition for non-existent income from carbon credits is not acceptable

February 27, 2019 567 Views 0 comment Print

Assessee submitted that they have not received any carbon credit during the year under consideration i.e. AY 2012-13. Assessee submitted that addition made by AO on account of non-existence income ought to be deleted.

ITAT Grants stay on demand to Google on Payment of Rs. 475 Crore as Tax

February 21, 2019 963 Views 0 comment Print

M/s. Google India Private Ltd. Vs. JCIT (ITAT Bangalore) After considering the existence of prima facie case, balance of convenience, relative hardship, the earlier orders of the Tribunal and the orders of the Hon’ble High Court of Karnataka in the case of the Assessee on identical issue of grant of stay, the offer to pay […]

Receipt under Google AdWord Program is Business Profit: ITAT reiterates

February 20, 2019 1281 Views 1 comment Print

Google Ireland taxable in India for the advertisements directly placed by the advertisers under AdWord Program as the same constitute business profits.

STCG or LTCG on transfer of ESOP options depends on holding period

February 19, 2019 2850 Views 0 comment Print

Gain arising on transfer of ESOP options should be taxed as long term capital gains where the holding period was more than 3 years as assessee acquired a valuable and transferable right and the right of share constituted capital assets from the date of grant.

Depreciation under Block of Assets Allowed even for Non Used Assets during the Year

February 15, 2019 9765 Views 0 comment Print

The issue under consideration is whether under block of assets, the depreciation allowed even for those assets which have not been used during the year under consideration?

CIT (A) justified in directing AO to examine issue of deduction U/s. 54F

February 15, 2019 978 Views 0 comment Print

Learned DR submitted that the AO has failed to examine the claim for deduction under section 54F of the Act during the course of assessment proceedings as required by the law. Accordingly, the learned DR submitted that the revision order passed by the learned CIT does not call for any interference.

No addition u/s 56(2)(vii)(b) if difference in valuation is less than 5%

February 15, 2019 5055 Views 0 comment Print

Shri Rama Jogi Reddy Sanepalli Vs ITO (ITAT Bangalore) ITAT Pune Bench in the case of Ratnakanta B. Agarwal v. ITO, ITA 587/PUN/2014, order dated 24.07.2017 wherein the Hon’ble Pune Bench took the view that if the variance between the value estimated as fair market value by the DVO and the value adopted by the […]

Payment to non-resident to purchase advertisement space for resale to advertisers in India constitutes Royalty

February 10, 2019 8793 Views 0 comment Print

Payment to non-resident towards purchase of advertisement space for resale to advertisers in India constituted ‘Royalty’ under section 9(1)(vi) and assessee was under an obligation to withhold tax under section 195.

ITAT deletes addition for share capital in case of Jagan Reddy Group Companies

February 8, 2019 2130 Views 0 comment Print

M/s Janani Infrastructure Pvt. Ltd. Vs ACIT (ITAT Banglore) We have held that the sole basis of reopening of the assessment is the information received from the CBI. It is an undisputed fact that AO did not supply those materials to the assessee and also did not confront them with the assessee. Hence, we are […]

Non-Deduction of TDS Due to Bonafide Belief Admissible in Law

February 8, 2019 3639 Views 0 comment Print

Ms Karnataka Power Transmission Corporation Ltd. Vs ITO (OSD) (TDS) (ITAT Bangalore) FACTS – Karnataka Power Transmission Corporation Ltd. paid cash equivalent of unutilized leave at the time of retirement of their employees, however, they didn’t deducted TDS on the same. As per section 10(10AA), in case of payment towards unutilized leave period, entire payment […]

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