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The orders passed under Section 201(1) and 201(1A) is time barred since the notice itself was issued beyond the period of four years from the end of relevant FY.
Google India Pvt Ltd Vs The DCIT
(2022) TaxCorp(LJ) 29874 (ITAT-BANGALORE)
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Merely expenses for construction of building incurred in cash alone cannot be ground to hold that those expenses are related to non-specific purpose even when Revenue did not dispute the construction of building.
Gokula Education Foundation – Medical Vs The Additional Director of Income Tax
(2022) TaxCorp(LJ) 29835 (ITAT-BANGALORE) · Section 11
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The additional depreciation is allowable under Section 32(1)(iia) for assets acquired during the prior period and installed during the relevant financial year.
Bosch Limited Vs The Commissioner of Income Tax
(2022) TaxCorp(LJ) 29820 (ITAT-BANGALORE) · Section 32AC
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Property developer is not liable for deducting tax at source under Section 194A on payment of subvention charges or pre-EMI charges to housing finance company on behalf of buyer.
Ozone Urbana Infra Developers Pvt. Ltd Vs ACIT
(2022) TaxCorp(LJ) 29812 (ITAT-BANGALORE)
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The cause for the delay in filing the appeal, which could have been avoided by exercise of due care and responsibility, cannot be a sufficient cause within the meaning of the limitation provision.
Malnad Organics Pvt. Ltd Vs ITO
(2022) TaxCorp(LJ) 29761 (ITAT-BANGALORE)
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ITAT- The expenses incurred towards discontinued project of cafeteria and breakout area expansion does not bring any benefit of enduring nature to the Assessee and thus are allowable as revenue expenditure under Section 37.
Texas Instruments (India) Private Limited Vs The Additional Commissioner of Income-Tax
(2022) TaxCorp(LJ) 29735 (ITAT-BANGALORE)
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Assessee did not satisfy condition necessary for claiming deduction under Section 35AD.
Mangalore Chemicals & Fertilizers Limited Vs The Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 29723 (ITAT-BANGALORE) · Section 35AD
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Once the conditions laid down in Section 195 are fulfilled, Assessee is bound to deduct tax at source on the payment made to non-resident and Section 201 does not leave any room for exception in the cases of any contrary bonafide belief.
Nitesh Estates Limited Vs ADIT (Intl. Taxn)
(2022) TaxCorp(LJ) 29715 (ITAT-BANGALORE)
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Where only money value of partner’s interest in the firm is paid and no specific asset is distributed to the outgoing partner, section 45(4) is not applicable.
M/s. Thirumala Rice Industries Vs Asst. Commissioner of Income Tax
(2022) TaxCorp(LJ) 29614 (ITAT-BANGALORE) · Section 45(4)
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The moment an officer ceases to hold his office he becomes functus officio.
GMR Energy Limited Vs DCIT
(2022) TaxCorp(LJ) 29613 (ITAT-BANGALORE)
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Since the quantum addition is deleted by the Tribunal, there is no question of levying of any penalty.
Mahindra Electric Vehicles Ltd Vs JCIT
(2022) TaxCorp(LJ) 29568 (ITAT-BANGALORE) · Section 271(1)(c)
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It is not in dispute that the Assessee is a resident in India in the instant case and thus the taxability of capital gains is to be determined in accordance with the provisions of the Act.
Prabhukumar Aiyappa Kullatira Vs ITO
(2022) TaxCorp(LJ) 29561 (ITAT-BANGALORE)
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The sixth proviso to Section 32(1) was not applicable in a case where goodwill is recorded pursuant to a merger on the basis of purchase consideration paid, basis valuation report and no goodwill from the books of the transferor is recorded by the transferee.
I&B Seeds Private Limited Vs DCIT
(2022) TaxCorp(LJ) 29541 (ITAT-BANGALORE)
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Issue of reopening was not decided by the CIT(A) and never raised by the assessee before the ITAT, and thus the same cannot be decided by the ITAT presently under any provisions.
Mahalingam Vs The ACIT
(2022) TaxCorp(LJ) 29523 (ITAT-BANGALORE)
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All the primary facts in connection with the deduction claimed by the Assessee were called for in the original assessment on perusal of which, the deduction was granted.
BIOCON LTD Vs The Joint Commissioner of Income-tax
(2022) TaxCorp(LJ) 29517 (ITAT-BANGALORE) · Section 35(2AB)
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Mere generation of surplus cannot be a reason to deny exemption u/s 11.
Janodaya Trust Vs ACIT
(2022) TaxCorp(LJ) 29502 (ITAT-BANGALORE) · Section 11
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Provision of Article 289 is not applicable as the Trust did not fall under Article 12 of the Constitution since it has a separate legal entity distinct from the state.
Udupi Nirmithi Kendra Vs ACIT
(2022) TaxCorp(LJ) 29498 (ITAT-BANGALORE) · Section 11
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Sale of impugned property gave rise to LTCG and not STCG. Therefore revenue is directed to examine eligibility for deduction u/s 54.
Sri. Mahendrasingh Ramsingh Vs The Income Tax Officer
(2022) TaxCorp(LJ) 29476 (ITAT-BANGALORE)
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Pendency of appeal before HC on eligibility of income for exemption under Section 11 cannot be a reason for PCIT to cancel registration.
Devaraj Urs Educational Trust for Backward Classes Vs Principal CIT (Central)
(2022) TaxCorp(LJ) 29419 (ITAT-BANGALORE) · Section 12A
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Revenue, while giving effect to ITAT order cannot go into the question as to whether the expenditure is capital or revenue.
Altair Engineering India Pvt. Ltd Vs The DCIT
(2022) TaxCorp(LJ) 29381 (ITAT-BANGALORE) · Section 154
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