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Landmark Rulings

ITAT Bangalore — Direct Tax

853 rulings

  1. ITAT Bangalore · 01 Apr 2023
    ITAT - Upholds Reassessment of Wealth Tax, Considers Assessee as 'Owner' of Land without Fulfillment of Conditions under Section 53A of TPA

    Triad Resorts and Hotels (P.) Ltd Vs WTO

    (2023) TaxCorp(LJ) 31262 (ITAT-BANGALORE)

  2. ITAT Bangalore · 16 Mar 2023
    The profit margin foregone by the Assessee cannot be held to be an incurred expenditure in creating intangible or goodwill.

    Flipkart India Private Limited Vs The Assistant Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31161 (ITAT-BANGALORE)

  3. ITAT Bangalore · 04 Mar 2023
    Amount received by the Assessee from sale of advertisement space through its AdWords program cannot be brought to tax in India as royalty.

    Google Ireland Ltd Vs DCIT (IT)

    (2023) TaxCorp(LJ) 31092 (ITAT-BANGALORE)

  4. ITAT Bangalore · 03 Mar 2023
    The Assessee cannot be asked to prove the negative fact that no payments are received during the impugned year in the absence of any positive evidence to the contrary.

    Saudi Telecom Company Vs The Assistant Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31081 (ITAT-BANGALORE)

  5. ITAT Bangalore · 24 Feb 2023
    The amount paid by GIPL to the Assessee with reference to seconded employees does not come within the FIS under the Act or DTAA and the addition is liable to be deleted.

    Google LLC Vs JCIT (OSD) (IT), DCIT (IT)

    (2023) TaxCorp(LJ) 31035 (ITAT-BANGALORE)

  6. ITAT Bangalore · 18 Feb 2023
    The Assessee cannot be denied the deduction towards application and accumulation of funds and the addition is liable to be deleted.

    Mulki Sundar Ram Shetty Nagar Ayyappa Swamy Temple Trust Vs ITO

    (2023) TaxCorp(LJ) 31008 (ITAT-BANGALORE)

  7. ITAT Bangalore · 15 Feb 2023
    It is impermissible for the Revenue to adopt percentage of completion method as against project completion method consistently followed by the Assessee which was undisputed in the prior and subsequent years' assessments.

    Corporate Leisure & Property Development Private Limited Vs The DCIT

    (2023) TaxCorp(LJ) 30983 (ITAT-BANGALORE)

  8. ITAT Bangalore · 11 Feb 2023
    Income which is already taxed in the hands of the firm is not taxable in the hands of the partner.

    Mulberry Textiles LLP Vs ITO

    (2023) TaxCorp(LJ) 30965 (ITAT-BANGALORE) · Section 10(2A)

  9. ITAT Bangalore · 07 Feb 2023
    Benefit of deduction under Section 32AC is available to only manufacturing sector and not the service sector, thus Infosys is ineligible for Section 32AC deduction.

    Infosys Ltd Vs The Joint Commissioner of Income Tax

    (2023) TaxCorp(LJ) 30936 (ITAT-BANGALORE) · Section 32AC

  10. ITAT Bangalore · 01 Feb 2023
    The grounds of the present appeal did not emanate from the FAO, rather emanated from the order dated 21.01.2022, which is ultimately traceable to the order of the Tribunal dated 2013.

    IBM India Private Limited Vs The Deputy Commissioner of Income Tax

    (2023) TaxCorp(LJ) 30909 (ITAT-BANGALORE)

  11. ITAT Bangalore · 17 Jan 2023
    The convenience fee retained by Bigtree Entertainment from the end customer cannot lead to an inference that it acts on behalf of the Assessee.

    Srinivas Rudrappa Vs The Income Tax Officer

    (2023) TaxCorp(LJ) 30813 (ITAT-BANGALORE)

  12. ITAT Bangalore · 24 Dec 2022
    The reimbursements paid to the Assessee were on cost-to-cost basis and no element of profit was involved therein.

    TOYODA Gosei Company Vs Deputy Commissioner of Income-tax

    (2022) TaxCorp(LJ) 30676 (ITAT-BANGALORE)

  13. ITAT Bangalore · 24 Dec 2022
    Payment made to Google Ireland under the Adwords Programme cannot be characterized as royalty under the India-Ireland DTAA.

    Google India Private Ltd Vs The JDIT

    (2022) TaxCorp(LJ) 30672 (ITAT-BANGALORE)

  14. ITAT Bangalore · 23 Dec 2022
    If investments made in Infosys BPO which did not yield any exempt income, is excluded from computation as per Rule 8D.

    Infosys Ltd Vs The Assistant Commissioner of Income Tax

    (2022) TaxCorp(LJ) 30661 (ITAT-BANGALORE) · Section 10AA

  15. ITAT Bangalore · 03 Dec 2022
    The interest income earned out of investment made from surplus funds would be taxable as income from other sources and would not be eligible for deduction under Section 80P(2)(a)(i).

    The Bharathi Co-operative Credit Society Vs The Income Tax Officer

    (2022) TaxCorp(LJ) 30546 (ITAT-BANGALORE) · Sections 80P, 57

  16. ITAT Bangalore · 30 Nov 2022
    There is a sale of an entire undertaking as a going concern and assessing officer should have computed the capital gains under section 45 to 50.

    Lifestyle International Pvt. Ltd Vs The DCIT

    (2022) TaxCorp(LJ) 30523 (ITAT-BANGALORE)

  17. ITAT Bangalore · 26 Nov 2022
    Since TDS provisions under Section 194A are not applicable on payment of interest to Assessee’s members, the addition under Section 40(a)(ia) cannot be sustained.

    Nagalambika Pattina Souharda Sahakari Niyamita Vs ITO

    (2022) TaxCorp(LJ) 30504 (ITAT-BANGALORE)

  18. ITAT Bangalore · 16 Nov 2022
    Merely because the advantage may endure for an indefinite future would not mean that the expenditure would be on capital account and not revenue.

    United Breweries Limited Vs The Deputy Commissioner of Income-tax

    (2022) TaxCorp(LJ) 30437 (ITAT-BANGALORE)

  19. ITAT Bangalore · 09 Nov 2022
    The carried forward balance from earlier AYs is to be considered for determination of deemed dividend under Section 2(22)(e).

    Dr. L.S. Ravi Prakash Vs Deputy Commissioner of Income-tax

    (2022) TaxCorp(LJ) 30392 (ITAT-BANGALORE)

  20. ITAT Bangalore · 07 Nov 2022
    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.

    RaviKumar Tirupati Parthasarathy Vs The Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 30383 (ITAT-BANGALORE)

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