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ITAT - Interest-free loan advanced to subsidiary in different line of business does not satisfy the conditions of commercial expediency more so when loan was further advanced to related parties.
Davanam Constructions Private Limited Vs The Deputy Commissioner of Income Tax
(2021) TaxCorp(LJ) 27193 (ITAT-BANGALORE)
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ITAT - Revisionary order u/s 263 on the basis that assessment was finalised without DVO's report is valid.
Mallikarjuna B. Gundur Vs The Principal Commissioner of Income Tax
(2021) TaxCorp(LJ) 27101 (ITAT-BANGALORE) · Section 263
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Assessee is entitled for deduction of ESOP expenses when the rights are vested in the hands of the assessee.
M/S. NORTHERN OPERATING SERVICES PVT. LTD. VERSUS JCIT SPECIAL RANGE-5 BENGALURU
(2021) TaxCorp(LJ) 27096 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=91625&Category=ITAT&CategoryType=Zip
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In case of a society engaged in providing credit facilities to its members, income from investments made in banks does not fall within any of the categories mentioned in section 80P(2)(a) of the Act.
M/S. JYOTHI PATTIN SOUHARD SAHAKARI NIYAMIT VERSUS THE PRINCIPAL COMMISSIONER OF INCOME TAX, HUBBALI.
(2021) TaxCorp(LJ) 27041 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=91321&Category=ITAT&CategoryType=Zip
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When charitable objects to be undertaken by the assessee trust are not in dispute, assessee company cannot be expected to start its charitable activities within a period of about 2 months
FEDERATION OF DEMOCRATIC VOICE VERSUS CIT (EXEMPTION), LUCKNOW.
(2021) TaxCorp(LJ) 27017 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=91261&Category=ITAT&CategoryType=Zip
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Section 49 deals with the cost with reference to certain modes of acquisition.
SHRI BINDIGANAVALE RAVI VERSUS THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 5 (2) (1), BENGALURU.
(2021) TaxCorp(LJ) 26973 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=91056&Category=ITAT&CategoryType=Zip
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The provisions of section 194LA of the Act would apply only in the case of a compulsory acquisition and not to a case where lands were surrendered by land owners under section 14B of KTCP Act.
CHIEF ACCOUNTS OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) VERSUS INCOME-TAX OFFICER (TDS) , WARD - 1 (1), BENGALURU
(2021) TaxCorp(LJ) 26958 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=90986&Category=ITAT&CategoryType=Zip
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There is a sufficient and reasonable cause for not deducting TDS on the year-end provision.
BIOCON LTD. VERSUS THE INCOME-TAX OFFICER (TDS) , LTU, BENGALURU.
(2021) TaxCorp(LJ) 26956 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=90939&Category=ITAT&CategoryType=Zip
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Consideration received by the assessee for sale of software cannot be treated as royalty under the provision of section 9(1)(vi) of the Act as well as Article 12 of the India-Sweden DTAA
M/S. QLIKTECH INTERNATIONAL AB, C/O. QLIKTECH INDIA PVT. LTD. VERSUS THE DEPUTY COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, CIRCLE – 2 (2), BENGALURU.
(2021) TaxCorp(LJ) 26954 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=90945&Category=ITAT&CategoryType=Zip
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Since the assessee company ceased to be in existence as on the date when the AO passed the order of assessment, assessment so framed is not sustainable in the eyes of law, being a nullity.
THE JOINT COMMISSIONER OF INCOME TAX (LTU) , BENGALURU VERSUS M/S. DELL INTERNATIONAL SERVICES INDIA PVT. LTD., (NOW MERGED ENTITY M/S. PEROT SYSTEMS BUSINESS PROCESS SOLUTIONS INDIA PVT. LTD.) AND VICE - VERSA
(2021) TaxCorp(LJ) 26927 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=90845&Category=ITAT&CategoryType=Zip
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Intimation u/s. 143(1) cannot be treated as an order of assessment and there being no assessment u/s. 143(3), there is no question of change of opinion on the issue dealt by the AO for reopening the assessment.
SMT. KAVITHA KAMLESH SHAH VERSUS THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 6 (1), BENGALURU.
(2021) TaxCorp(LJ) 26894 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=90691&Category=ITAT&CategoryType=Zip
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Amounts paid by the assessee to the non-resident computer software manufacturers / suppliers as consideration for the resale / use of computer software, is not payment of royalty for use of copyright in the computer software and the same is not liable to TDS u/s 195.
Altisource Business Solutions Private Limited Vs The Asst.Commissioner of Income-tax, Circle 1(2) (International Taxation)
(2021) TaxCorp(LJ) 26392 (ITAT-BANGALORE) · Section 195
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It is settled principle of law that ITAT is empowered to rectify the mistakes apparent from record, however under the garb of rectification and not empowered to review its own order.
Tecnotree Convergence Ltd Vs ITO Ward-16(2)
(2021) TaxCorp(LJ) 26390 (ITAT-BANGALORE) · Section 254(2)
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The circumstances surrounding the case are not strong enough to justify the rejection of the assessee's plea of asking the copies of seized material and providing an opportunity of cross examination of the parties concerned.
D.S. Suresh Vs Assistant Commissioner of Income Tax
(2021) TaxCorp(LJ) 26316 (ITAT-BANGALORE)
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The permission to enter by way of license so granted shall not however be construed as delivery of possession of the scheduled property in part performance of any conduct as defined u/s. 53A of the Transfer of Property Act r.w.s.2(47)(v) & (vi) of the Income Tax Act, 1961.
Prestige Estates Projects Ltd Vs The Asst.Commissioner of Income-tax
(2021) TaxCorp(LJ) 26299 (ITAT-BANGALORE) · Section 194-IA
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Amendment to Sec.201(3) extending the period of limitation to 7 years by Finance Act 2014 is applicable prospectively.
Life Insurance Corporation Of India Vs Income Tax Officer
(2021) TaxCorp(LJ) 26295 (ITAT-BANGALORE) · Section 192
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There is no dispute that the search officials did not unearth any material to show that the agricultural income declared in the returns of income filed prior to the date of search and other receipts declared by the assessee are bogus, i.e., there is no incriminating material to disprove the claim of the assessee.
V. Ramprasad Raju Vs Commissioner of Income Tax (A)-VI
(2021) TaxCorp(LJ) 26294 (ITAT-BANGALORE)
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The parties should have performed or should have shown willingness to perform obligations mentioned in the contract to attract provisions of Sec. 53A of Transfer of Property Act, 1882 to fall under the scope of deemed transfer u/s 2(47)(v).
N. A. Haris Vs The Additional Commissioner of Income Tax
(2021) TaxCorp(LJ) 26278 (ITAT-BANGALORE) · Section 2(47)
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Non-disposal of appeal could not be attributed to assessee.
Indianoil Skytanking Pvt. Ltd Vs The Asst. Commissioner of Income Tax
(2021) TaxCorp(LJ) 26263 (ITAT-BANGALORE)
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Word assessee must be given a wide and liberal interpretation so as to include his legal heirs also.
Krishnappa Jayaramaiah Vs Income Tax Officer
(2021) TaxCorp(LJ) 26246 (ITAT-BANGALORE) · Section 54
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