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Where registration has been granted to the trust or institution under section 12AA, then, the provisions of sections 11 and 12 shall apply in respect of any income derived from property held under trust of any assessment year preceding the aforesaid assessment year for which assessment proceedings are pending before the assessing officer as on the date of such registration and the objects and activities of such trust or institution remain the same for such preceding assessment year. It has to be held that an assessment proceeding which is pending in appeal before appellate authority should be deemed to be 'assessment proceedings pending before Assessing Officer' within meaning of that term as envisaged under proviso to section 12A(2).
INSTITUTE MANAGEMENT COMMITTEE (IMC) VERSUS THE INCOME TAX OFFICER, WARD 1, BAGALKOT.
(2020) TaxCorp(LJ) 22700 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=83681&Category=ITAT&CategoryType=Zip
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It comes out that in a case where the income is not actually received by the assessee and it has not accrued to the assessee, then under no provisions of Income Tax Act, the income tax authorities are authorized to include such income which was neither due nor collected. In the present case also, this is not the case of the AO that higher amount of lease rental was received by the assessee or it has accrued to the assessee and therefore, in our considered opinion, this judgment of Hon'ble Gauhati High Court is squarely applicable in the present case.
M/S. VBHC VALUE HOMES PVT. LTD., M/S. VBHC VALUE HOMES PVT. LTD. VERSUS INCOME TAX OFFICER, WARD – 7 (1) (3) , BENGALURU., THE ASSISTANT COMMISSIONER OF INCOME TAX, WARD – 7 (1) (2) , BENGALURU
(2020) TaxCorp(LJ) 22674 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=83613&Category=ITAT&CategoryType=Zip
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It is a case of purchase of residential house property which was purchased on 16.07.2015 as noted by learned CIT(A) and the date of sale / transfer of the capital asset on which the capital gain has arisen is 28.08.2015 / 30.09.2015 and therefore, the purchase of residential house is within the period of one year before the date of transfer and therefore, deduction under section 54F is allowable.
SHRI. BHARTUR RAMASWAMY VIJAYENDRA VERSUS ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE – 3 (1) (1) , BENGALURU.
(2020) TaxCorp(LJ) 22673 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=83614&Category=ITAT&CategoryType=Zip
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It is not proper to say that if the deduction is refused in the first year of employment of the new employee then for the next two succeeding Assessment Years also, the benefit of deduction will not be available. Such an approach defeats the very purpose for which deduction u/s.80JJAA of the Act is allowed for three consecutive Assessment years.
Texas Instruments (India) Pvt Ltd Vs The Additional Commissioner of Income Tax
(2020) TaxCorp(LJ) 22597 (ITAT-BANGALORE) · Section 80JJAA
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In the case in hand, a perusal of the report of the government valuer reveals that the valuer has taken the cost of construction / Fair market value as on 31.8.2006. It is not the case of the valuer that the building was newly constructed on the date, rather, the valuer has mentioned categorically that the date of construction is not known. He even has failed to estimate the age of the building as on the date of valuation.
M/S HOTEL OAK VALLEY RESIDENCY VERSUS THE ITO, DALHOUSIE AT BANIKHET.
(2020) TaxCorp(LJ) 22592 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=83434&Category=ITAT&CategoryType=Zip
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The assessee herein is the distributor of software licenses of its AE. Hence there should not be any dispute that core technical problems could only be resolved by its AE. Unless proper and appropriate maintenance services are provided to its customers, it would be difficult to market the software licences. There is merit in the contentions of the assessee that the distribution of software licenses and their maintenance are inter-linked. Accordingly, we are inclined to agree with the contentions of the assessee.
PARAMETRICS TECHNOLOGY (P.) LTD. VERSUS DEPUTY COMMISSIONER OF INCOME-TAX
(2020) TaxCorp(LJ) 22591 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=83437&Category=ITAT&CategoryType=Zip
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Department has no material to show that the earlier withdrawals made by the assessee has been spent for any specific purposes and not the said amount available with the assessee to redeposit into the bank account. There is also no evidence that the assessee has made withdrawals on various dates for any other purposes than the admission of assessee’s son in a medical college.
SRI. DHRUVA MUNGAMURI C/O. S. PARTHASARATHI VERSUS THE INCOME TAX OFFICER WARD 5 (3) (5) BENGALURU
(2020) TaxCorp(LJ) 22574 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=83409&Category=ITAT&CategoryType=Zip
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The taxability arises in the hands of the employees on the date of exercise, hence no TDS would arise at the time of vesting transaction.
NXP India Pvt.Ltd Vs The Dy.Commissioner of Income-tax
(2020) TaxCorp(LJ) 22557 (ITAT-BANGALORE) · Section 192
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Hon’ble Bombay High Court in the case of PCIT vs. Vembu Vaidyanathan has taken note of CBDT circular no. 471 dated 15th October 1986 as well as CBDT circular 672 dated 16th Dec. 1993 and concluded that the assessee shall be deemed to have acquired rights in the property on the date of issue of allotment letter for the purposes of expression capital asset.
SHRI D.R. KUMARASWAMY VERSUS THE INCOME TAX OFFICER, WARD-3 (3) (4) , BANGALORE
(2020) TaxCorp(LJ) 22503 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=83318&Category=ITAT&CategoryType=Zip
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In respect of an identical payment made by the assessee under the very same agreement for establishing cricket Academy for assessment year 2010-11, the issue was considered by this Tribunal and the Tribunal held that expenditure in question was revenue expenditure and should be allowed as a deduction.
M/S ROYAL CHALLENGERS SPORTS PVT. LTD. VERSUS THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL RANGE-2 (3) BANGALORE
(2020) TaxCorp(LJ) 22498 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=83298&Category=ITAT&CategoryType=Zip
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As decided in own case, cost of software development services cannot be treated in this fashion as claimed by the assessee. Hence we do not find any merit or substance in the contention raised by the assessee on this issue. Assessee provides software development and support services to Applied Inc.
APPLIED MATERIALS INDIA PVT. LTD. VERSUS DEPUTY COMMISSIONER OF INCOME TAX CIRCLE – 1 (1) (1) , BENGALORE.
(2020) TaxCorp(LJ) 22496 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=83310&Category=ITAT&CategoryType=Zip
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Assessee in the case of a deceased person will be the person who are regarded as the legal heirs of the deceased as they can be regarded as a human being. In view of this, a person who has already expired cannot be regarded to be a human being as on the date when the order was passed. Only the legal heirs can be regarded as assessee in view of the provisions of section 2(7) of the I.T.Act.
SMT. SUJATHA SRI K.N. PRAFULLA KUMAR AND MS. K.N. RANJITHA VERSUS THE INCOME TAX OFFICER WARD 1 CHAMARAJANAGARA.
(2020) TaxCorp(LJ) 22491 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=83286&Category=ITAT&CategoryType=Zip
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AR submitted that all payments forming part of CSR does not form part of profit and loss account for computing Income under the head, Income from Business and Profession. It has been submitted that some payments forming part of CSR were claimed as deduction under section 80G for computing Total taxable income, which has been disallowed by authorities below.
ALLEGIS SERVICES (INDIA) PVT. LTD. VERSUS ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1 (1) (1) , BANGALORE.
(2020) TaxCorp(LJ) 22490 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=83287&Category=ITAT&CategoryType=Zip
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For claiming benefit under section 80G, deductions are considered at the stage of computing Total taxable income. Even if any payments under section 80G forms part of CSR payments, the same would already stand excluded while computing, Income under the head, Income form Business and Profession. The effect of such disallowance would lead to increase in Business income.
FIRST AMERICAN (INDIA) PVT. LTD. VERSUS THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-3 (1) (1) , BANGALORE.
(2020) TaxCorp(LJ) 22460 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=83178&Category=ITAT&CategoryType=Zip
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Though he Ld. A.R. contends that the parent company has refused to reimburse the payments made to the employees, yet no document was produced before tax authorities or before us in support of the said claim. Hence, in our view, the assessee has failed to substantiate as to why the advances amount was written off, particularly under the fact that the same is recoverable from its parent company. We also notice from the assessment order that the parent company has not reimbursed the amount only on account of change of policy of the parent company.
TEKTRONIX (INDIA) PVT. LTD. (ERSTWHILE TEKTRONIX (INDIA) PVT. LTD. VERSUS DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-7 (1) (1) BANGALORE
(2020) TaxCorp(LJ) 22454 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=83133&Category=ITAT&CategoryType=Zip
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In the present case, the original jurisdiction of the AO is ITO Wad 6(2)(2), Bangalore, who issued notice u/s 143(2) of the Act dated 28.08.2015 fixing the case for hearing on 15th September, 2015. Assessment records were transferred vide order u/s 129 of the Act, to the ITO Ward 6(2)(3), Bangalore, and thereafter notice u/s 142(1) r.w.s. 129 of the Act dated 06.10.2015 was issued and served on the assessee.
THE INCOME TAX OFFICER WARD 6 (2) (3) BENGALURU. VERSUS SRI. P.N. KRISHNAMURTHY AND (VICE-VERSA)
(2020) TaxCorp(LJ) 22439 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=83083&Category=ITAT&CategoryType=Zip
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Eligibility of deduction u/s. 80IAB is governed by the true character of lease rental income derived. The CBDT circular albeit in the context of S. 80IA(4-(iii) has expressed its concern on litigation towards taxability of lease income under the appropriate head and granted relief to the taxpayer for eligibility of deduction. The issue thus cannot be said to be totally free of any debate. On the contrary, the debate, if any, leans in favour of the assessee.
M/S CESSNA GARDEN DEVELOPERS PVT. LTD. VERSUS THE ASSISTANT COMMISSIONER INCOME TAX, CIRCLE 2 (1) (1) BANGALORE., THE DEPUTY COMMISSIONER INCOME TAX
(2020) TaxCorp(LJ) 22407 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=82978&Category=ITAT&CategoryType=Zip
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If the delay is not attributable to the assessee, the Tribunal has power to extend the period of stay even beyond the time limit laid down in 3rd proviso to Section 254(2A). We, considering the facts and circumstances and the stay petition filed by the assessee, hold that the delay in non-disposal of the appeal is not attributable to the assessee.
M/S. GOOGLE INDIA PRIVATE LIMITED VERSUS THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE 3 (1) (2) , BANGALORE., THE JT. COMMISSIONER OF INCOME TAX, THE DY. COMMISSIONER OF INCOME TAX, (INTERNATIONAL TAXATION)
(2020) TaxCorp(LJ) 22397 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=82948&Category=ITAT&CategoryType=Zip
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A.O. has incorporated the provisions of section 80JJAA of the Act relating to assessment year 2014-15 and has applied the same to both the years under consideration. It is pertinent to note that sub-section (3) of section 80JJAA as amended by Finance Act 2016 makes it clear that the provisions that existed before 1st day of April, 2016 shall apply to the earlier years, meaning thereby, the provisions, which are applicable to a particular year, should be applied for determining the eligibility of the assessee to claim this deduction.
CENTURY LINK TECHNOLOGIES INDIA PVT. LTD. VERSUS DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-2 (1) (1) BENGALURU
(2020) TaxCorp(LJ) 22390 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=82934&Category=ITAT&CategoryType=Zip
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Referring to lease deeds available in the paper book, we find that the assessee has simply let out the properties owned by it for exploitation of his property by an owner and it is not doing any such activity based on which, it can be said that the letting out of the properties was the doing of a business.
M/S MLC PROPERTIES LLP VERSUS DCIT, CIRCLE – 1 (2) (1) , BENGALURU
(2020) TaxCorp(LJ) 22379 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=82900&Category=ITAT&CategoryType=Zip
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