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ITAT Chennai

No Revision proceedings in highly debatable issue of Stamp duty guideline value

August 9, 2022 3012 Views 0 comment Print

PCIT was of the view that the difference of Rs.25 lakhs in view of the guideline value fixed by Stamp Valuation Authority at Rs.3.50 crores is to be accepted and added to the return of income of the assessee. We are of the view that this is highly debatable issue and even the tolerance limit of 10% is to be considered or not is again a debate.

Race Club can claim principle of mutuality in regard to entrance fee received from non-voting members

August 9, 2022 1524 Views 0 comment Print

SC has held that the assessee is entitled to claim mutuality in respect of entrance fee collected from these non-voting right members.

Tax exempt on Compensation for RCC structure forming part of Farm Land

August 5, 2022 1140 Views 0 comment Print

A. Nagarajan Vs ITO (ITAT Chennai) Upon careful consideration of factual matrix, it emerges that the assessee’s land has been acquired by NHAI for which the assessee has been compensated at certain rates. On one of the parcels of land, a farm house is situated for which separate compensation has been paid. The primary argument […]

Repair expenditure disallowed as allegation not negated by assessee

August 5, 2022 777 Views 0 comment Print

Held that repair expenditure of propaganda van, a gifted vehicle, was alleged to be met by the donor. The onus was on assessee to negate the allegation of revenue. However, no such onus was discharged. Disallowance of expenditure justified.

ITAT deletes addition for cash deposit in NRI account out of cash given to parents

August 3, 2022 1146 Views 0 comment Print

Natarajan Purushothaman Vs ITO (ITAT Chennai) During appellate proceedings, the assessee submitted that he used to bring cash during visits to India and it was customary to provide some cash to the parents during such visit. The Ld. CIT(A), inter-alia, observed that the deposits of Rs.3.45 Lacs was stated to funded out of earlier withdrawals […]

No disallowance for Cash payment by forex dealer for purchase of foreign currency 

August 2, 2022 1560 Views 0 comment Print

Ahmed World Travels Tours & Cargo Pvt. Ltd Vs ACIT (OSD) (ITAT Chennai) As regards cash payments made for hotel expenses, although, the Assessing Officer stated that the assessee has incurred expenses in cash, but it was the argument of the assessee that it has purchased foreign currency (Saudi Riyal) to be given to its […]

Additional depreciation not eligible on capitalization of forex loss

August 1, 2022 762 Views 0 comment Print

Daeseung Autoparts India Pvt.Ltd Vs ACIT (OSD) (ITAT Chennai) We have gone through reasons given by the Assessing Officer to reject additional depreciation on capitalization of forex loss in light of provisions of section 32(1)(iia) of the Act, and we ourselves do not subscribe to the arguments advanced by the learned counsel for the assessee […]

Rural Advances shown in HO accounts eligible for deduction u/s 36(1)(viia)

August 1, 2022 1932 Views 0 comment Print

ACIT Vs Dharmapuri District Central Co-operative Bank Ltd. (ITAT Chennai) The material facts are that during assessment proceedings, the assessee’s claim of deduction u/s 36(1)(viia) was examined by Ld. AO. As per the statutory provisions, the assessee was entitled to claim deduction for an amount not exceeding 7.5% of total income and an amount not […]

Debatable Issue cannot be adjusted in Section 143(1) intimation

August 1, 2022 3087 Views 0 comment Print

Tangar Exports LLP Vs ACIT (ITAT Chennai)  The Assessing Officer has made adjustment of total income computed in the intimation received u/s.143(1) of the Act, towards deduction claimed u/s.80JJAA of the Act, in respect of employment of new employees on the ground that the assessee has not satisfied conditions prescribed therein, including filing of audit […]

Section 263 order justified if AO failed to rightly compute Capital Gain on Sale of Land

August 1, 2022 345 Views 0 comment Print

Dhanalakshmi Mills Ltd. Vs DCIT (ITAT Chennai) Admittedly, the Assessing Officer has caused necessary inquiries with regard to computation of long term capital gain derived transfer of property and has computed capital gain by taking into account cost of acquisition claimed by the assessee without disturbing consideration received from transfer of property, even though, there […]

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