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Where two reasonable constructions of a taxing provisions are possible then construction which favours the assessee must be adopted.
GE BE Private Limited Vs DCIT
(2022) TaxCorp(LJ) 29184 (ITAT-BANGALORE)
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Even if the expenditure does not result in creation of any successful software product/application/tool etc., considering the business nature of the assessee, those expenses shall constitute revenue expenditure in the hands of the assessee.
Wipro Limited Vs Deputy Commissioner of Income-tax
(2022) TaxCorp(LJ) 29171 (ITAT-BANGALORE)
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Domestic law cannot be read into treaties unless the treaties are amended bilaterally, with due opportunity granted to the Assessee.
Belgacom International Carrier Services SA Vs The Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29127 (ITAT-BANGALORE)
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ITAT - Revision u/s 263 justified as the original assessment is completed without proper enquiries.
Charoen Pokphand Seeds India Pvt. Ltd Vs The Principal Commissioner of Income Tax
(2022) TaxCorp(LJ) 29126 (ITAT-BANGALORE)
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Depreciation is not an outgoing expenditure, and therefore, provisions of section 40(a)(i)/(ia) cannot be attracted, relies on co-ordinate bench ruling in Kawasaki Microelectronicsand deletes the disallowance.
Lemnisk Pvt. Ltd Vs The DCIT
(2022) TaxCorp(LJ) 29085 (ITAT-BANGALORE)
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CAM charges are in the nature of contractual payments made for availing maintenance services and they are not paid for use of any premises / equipment.
Lifestyle International Pvt. Ltd Vs The Asst. Commissioner of Income tax TDS
(2022) TaxCorp(LJ) 29069 (ITAT-BANGALORE) · Sections 194C, 194-I
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There is no uncertainty that service tax paid on input services is an item of expenditure deductible under Section 37(1).
Intuit India Product Development Center Pvt. Ltd Vs The ACIT
(2022) TaxCorp(LJ) 29032 (ITAT-BANGALORE)
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Assessee is directed not to seek adjournment and cooperate in the hearing of the appeal.
Infosys Ltd Vs The Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 29031 (ITAT-BANGALORE)
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When the assessee’s husband has not given money for purchase of property, how it can be held that her husband was owner of 50% of the property merely for the reason that his name appears in the conveyance agreement and also in the rental agreement.
Y. Manjula Reddy Vs ITO
(2022) TaxCorp(LJ) 29029 (ITAT-BANGALORE) · Section 54F
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The amount reimbursed by the Assessee to the overseas entity cannot be subjected to tax in India as there does not involve any element of income embedded in it.
Goldman Sachs Services Pvt. Ltd Vs The Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29010 (ITAT-BANGALORE)
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Exclusion of ‘other income’ in only one leg of the computing net income and effective rate of tax in Ghana is not the right approach. The comparison of the rate thus computed with the Indian rate of tax will not be correct in the interest of justice.
Invendis Technologies India Private Limited Vs The Asst. Commissioner of Income tax
(2022) TaxCorp(LJ) 29003 (ITAT-BANGALORE)
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If the disallowance is upheld, the same amount should not be disallowed when the provision is reversed on first day of the subsequent year, resulting in double disallowance.
IRunway India Private Limited Vs DCIT
(2022) TaxCorp(LJ) 28958 (ITAT-BANGALORE)
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There is no TDS liability under Section 195 in the present case.
Toyota Boshoku Automotive India Pvt. Ltd Vs The Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 28935 (ITAT-BANGALORE) · Section 195
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Not all kinds of payments towards all kind of information can be construed as Royalty and to determine the exact nature of the payment, the type of information passed on, needs to be verified.
EduNxt Global SDN BHD Vs The Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 28921 (ITAT-BANGALORE)
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There is no question of any excessive or inordinate delay when the reason stated by the Assessee was a reasonable cause for not filing the appeals.
Suhas Suresh Shet Vs Income Tax Officer
(2022) TaxCorp(LJ) 28919 (ITAT-BANGALORE)
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Where a partnership firm revalues its intangibles, eligible for depreciation prior to succession into a company, the company is entitled to depreciation on such assets at the revalued figures.
Sogefi MNR Filtration India Private Limited Vs DCIT
(2022) TaxCorp(LJ) 28917 (ITAT-BANGALORE)
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Possession given to the develop cannot be regarded as delivery of possession in part performance of Agreement for Sale as contemplated under Section 53A of TPA.
Sri Sai Lakshmi Industries Pvt. Ltd Vs The Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 28911 (ITAT-BANGALORE)
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Capital gains on sale of land and building can be computed separately.
Muppala Bhasker Reddy Vs DCIT
(2022) TaxCorp(LJ) 28864 (ITAT-BANGALORE)
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As per Section 201(3) the limitation would extend till March 31, 2015, however the order was passed under Section 201(1A) on March 28, 2014, which is well within the limitation.
Bangalore Metro Rail Corporation Limited Vs The DCIT
(2022) TaxCorp(LJ) 28840 (ITAT-BANGALORE)
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Merely because the clients are outside India does not means that the assessee is carrying on business outside India.
Infosys Limited Vs The Deputy Commissioner of Income-tax
(2022) TaxCorp(LJ) 28837 (ITAT-BANGALORE) · Section 9
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