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ITAT Bangalore

The ITAT Bangalore is a specialized appellate tribunal under the Income Tax Act that hears appeals against orders of the Income Tax Department in Karnataka and surrounding regions.

42 articlesLatest July 2026
Section 282 Income Tax Act | ITBA Portal Upload Alone Does Not Constitute Valid Service of Assessment Order : ITAT Bangalore
Case Law Analysis
|Income Tax Appellate Tribunal

Section 282 Income Tax Act | ITBA Portal Upload Alone Does Not Constitute Valid Service of Assessment Order : ITAT Bangalore

ITAT Bangalore holds that mere uploading of an assessment order on the ITBA portal does not meet the service requirements under Section 282 of the Income Tax Act. The ruling mandates physical or legally recognized service for procedural compliance, impacting tax assessees and revenue authorities in appeal timelines and adjudication.

Section 90 IT Act | Belated Form 67 Filing Does Not Disentitle Foreign Tax Credit Relief : ITAT Bangalore
|Income Tax Appellate Tribunal

Section 90 IT Act | Belated Form 67 Filing Does Not Disentitle Foreign Tax Credit Relief : ITAT Bangalore

ITAT Bangalore holds that a delayed Form 67 submission does not automatically disqualify a taxpayer from claiming foreign tax credit under Section 90, provided the credit was claimed in the return. The ruling clarifies that procedural delays in filing Form 67 should not override substantive entitlement to relief under Double Taxation Avoidance Agreements.

Section 195 & Section 40(a)(i) | 'Make Available' Test Not Met for Onsite Software Services by US Contractors: ITAT Bangalore
|Income Tax Appellate Tribunal

Section 195 & Section 40(a)(i) | 'Make Available' Test Not Met for Onsite Software Services by US Contractors: ITAT Bangalore

Payments for onsite software services to foreign entities do not attract TDS under Section 195 unless the assessee gains access to proprietary technical knowledge or know-how. ITAT Bangalore clarifies that mere presence of foreign personnel in India for implementation or support does not satisfy the 'make available' condition, significantly narrowing the scope of deemed fees for technical services and offering relief to IT firms relying on global onsite teams.

Section 249A Income Tax Act | Medical Certificate Suffices for Condonation of 84-Day Appeal Delay: ITAT Bangalore
Case Law Analysis
|Income Tax Appellate Tribunal

Section 249A Income Tax Act | Medical Certificate Suffices for Condonation of 84-Day Appeal Delay: ITAT Bangalore

ITAT Bangalore has ruled that a valid medical certificate constitutes sufficient cause to condone an 84-day delay in filing an income tax appeal, rejecting technical dismissal on procedural grounds. This sets a clear precedent for taxpayers facing genuine health-related obstacles, reinforcing liberal interpretation of limitation periods in tax litigation.

Section 54F Exemption | Construction Expenditure Incurred After Return Filing Date Still Qualifies if Completed Within 3 Years: ITAT Bangalore
Case Law Analysis
|Income Tax Appellate Tribunal

Section 54F Exemption | Construction Expenditure Incurred After Return Filing Date Still Qualifies if Completed Within 3 Years: ITAT Bangalore

ITAT Bangalore holds that claiming exemption under Section 54F does not require unutilized capital gains to be deposited in the Capital Gains Account Scheme if the new residential house is fully constructed within three years of sale, even if construction costs were incurred after the return filing deadline. This clarifies that actual completion, not mere deposit, is the decisive factor - benefiting taxpayers who reinvest gains in self-built homes with staggered payments.

Section 69C IT Act | Ad Hoc Disallowance Invalid Where Audited Books Verify Genuine Purchases from Agriculturists Without PAN : ITAT Bangalore
Case Law Analysis
|Income Tax Appellate Tribunal

Section 69C IT Act | Ad Hoc Disallowance Invalid Where Audited Books Verify Genuine Purchases from Agriculturists Without PAN : ITAT Bangalore

The ITAT Bangalore has ruled that the Assessing Officer cannot impose ad hoc disallowance under Section 69C when audited books of account substantiate genuine purchases from agriculturists, even in the absence of PAN details. This sets a critical precedent for small traders and farmers' suppliers, affirming that procedural compliance cannot override substantive verification of transaction authenticity.

Depreciation on Goodwill in Slump Sale Allowed | Section 263 Revision Quashed for Misapplying Self-Generated Asset Doctrine : ITAT Bangalore
Case Law Analysis
|Income Tax Appellate Tribunal

Depreciation on Goodwill in Slump Sale Allowed | Section 263 Revision Quashed for Misapplying Self-Generated Asset Doctrine : ITAT Bangalore

ITAT Bangalore has ruled that goodwill acquired in a slump sale qualifies for depreciation under Section 32, even if it arises from excess consideration over net assets, rejecting the revenue's argument that it is a self-generated asset. This clarifies that business acquisitions via slump sale are distinct from amalgamations and affirms the tax treatment of intangible assets in corporate restructuring, impacting M&A valuations and audit practices nationwide.

Section 69A IT Act | Audited Books and Cash Flow Statements Can Displace Conjecture on Unexplained Cash Deposits : ITAT Bangalore
Case Law Analysis
|Income Tax Appellate Tribunal

Section 69A IT Act | Audited Books and Cash Flow Statements Can Displace Conjecture on Unexplained Cash Deposits : ITAT Bangalore

The ITAT Bangalore ruled that unexplained cash deposits under Section 69A cannot be added if the assessee substantiates the source through audited financial records and verified cash flow patterns, rejecting the Assessing Officer’s speculative assumption. This sets a critical precedent for individuals and small businesses facing scrutiny over bank deposits, affirming that documentary evidence trumps mere disbelief.

Cost of Acquisition | Actual Payment Receipts Override Sale Deed Value for Capital Gains Computation : ITAT Bangalore
Case Law Analysis
|Income Tax Appellate Tribunal

Cost of Acquisition | Actual Payment Receipts Override Sale Deed Value for Capital Gains Computation : ITAT Bangalore

The ITAT Bangalore has ruled that when an assessee provides credible documentary proof of actual payment - such as society certificates and payment receipts - the lower sale deed value cannot be used to compute capital gains. This sets a critical precedent for property buyers in cooperative housing societies, ensuring tax liability reflects true economic cost, not artificially understated deed values.

Section 40A(3) IT Act | Cash Payments Below Threshold Cannot Be Disallowed When Books Are Audited and No Violation Proven : ITAT Bangalore
Case Law Analysis
|Income Tax Appellate Tribunal

Section 40A(3) IT Act | Cash Payments Below Threshold Cannot Be Disallowed When Books Are Audited and No Violation Proven : ITAT Bangalore

The ITAT Bangalore ruled that disallowance under Section 40A(3) is invalid when the assessee’s audited books show no excess cash payments and the tax officer fails to substantiate a violation. This reinforces that procedural fairness and evidentiary burden apply even in remote-sector businesses, protecting compliant taxpayers from arbitrary profit estimations.

Section 36(1)(vii) IT Act | Book Write-Off Alone Suffices for Bad Debt Deduction; Borrower Verification Not Required : ITAT Bangalore
Case Law Analysis
|Income Tax Appellate Tribunal

Section 36(1)(vii) IT Act | Book Write-Off Alone Suffices for Bad Debt Deduction; Borrower Verification Not Required : ITAT Bangalore

The ITAT Bangalore has ruled that for bad debt deduction under Section 36(1)(vii), a mere book write-off by the assessee is sufficient - no proof of borrower default, recovery attempts, or debtor identification is mandatory. This clarifies a critical compliance standard for businesses and lenders, shielding them from arbitrary disallowances based on procedural overreach by tax authorities.

Section 54 IT Act | Capital Gains Exemption Valid if Reinvested by Extended Due Date Under Section 139(4): ITAT Bangalore
Case Law Analysis
|Income Tax Appellate Tribunal

Section 54 IT Act | Capital Gains Exemption Valid if Reinvested by Extended Due Date Under Section 139(4): ITAT Bangalore

The ITAT Bangalore has ruled that taxpayers claiming exemption under Section 54 of the Income Tax Act qualify for relief if they reinvest capital gains by the extended due date under Section 139(4), not just the original due date under Section 139(1). This overturns rigid departmental interpretations and provides critical relief to individuals who delay filing due to genuine administrative or procedural delays, aligning the law with practical realities of compliance.