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ITAT Chennai

Eviction Charges Paid for clearing encroachments allowable as Business Expense

August 1, 2022 930 Views 0 comment Print

Orchid Foundations Pvt. Ltd Vs ITO (ITAT Chennai) The intended purchaser i.e., M/s SVC made efforts for clearing the encroachments and incurred expenditure of Rs.811.75 Lacs which were paid through banking channels. The details of payment as well as the bank statement and acknowledgement / receipts were already furnished to Ld. AO during the course […]

Equipment Lease Rent paid Without Acquiring Ownership is Revenue Expense

August 1, 2022 2385 Views 0 comment Print

Sundaram Infotech Solutions Ltd Vs ITO (ITAT Chennai) We find that there is no quarrel on the proposition since the only dispute under the appeal is tax treatment under finance lease. The operating lease transactions have not been disturbed by Ld. AO and the only dispute is qua deduction of principal component under finance lease […]

Tax on Surplus from conducting conference of CSI

August 1, 2022 846 Views 0 comment Print

ITO Vs 67th Annual Conference of CSI-2015 (ITAT Chennai) ITAT noted that the payments made by the assessee entity in accordance with bye-laws / specific purpose for which it was constituted and the AO has not disputed the nature of contribution made by assessee or the receipts transferred being directly in nexus with the income […]

Section 54F Deduction allowable on Independent Residential Units in single building

July 31, 2022 1356 Views 0 comment Print

Venkatesharaiyer Subramanian Vs ACIT (ITAT Chennai) There could be no quarrel on the fact that post-amendment to Sec. 54F, as applicable from AY 2015-16, deduction u/s 54F could not be claimed on purchase / construction of more than one residential house. However, the factual matrix would reveal that the assessee has made investment in one […]

No Addition for ‘Deemed Dividend’ if payment to person holding substantial interest not established

July 31, 2022 492 Views 0 comment Print

DCIT Vs Essel Finance VKC Forex Ltd. (ITAT Chennai) assessee has advanced sum of Rs.7.5 Crores to another entity for taking a property on lease. The same has been treated by Ld. AO as deemed dividend u/s 2(22)(e) of the Act on the ground that one of the directors of the assessee company held substantial […]

Reopening of assessment based on mechanically received approval is bad in law

July 29, 2022 2379 Views 0 comment Print

Held that reopening of assessment on the basis of the approval given in mechanical manner without application of mind is bad in law and liable to be quashed.

Condonation of delay not granted on the basis of vague reasons

July 29, 2022 4134 Views 0 comment Print

Held that it can be make out that the assessee has made an afterthought to file the appeal accordingly condonation of 1070 days cannot be granted on the basis of vague reasons

TDS deductible by co-operative banks on interest on time deposits only from 01.06.2015

July 26, 2022 2355 Views 0 comment Print

Held that co-operative banks are liable to deduct TDS on payment of interest on time deposits only from 01.06.2015 and not before that.

Gain on Property owned by co-owner – ITAT directs CIT(A) to decide appeals simultaneously

July 26, 2022 1782 Views 0 comment Print

AO has made addition u/s.56(2)(vii)(b)(ii) of the Act, towards difference between guideline value and consideration paid for purchase of property as unexplained investment.

Section 68 Addition by ignoring all evidences filed by assessee is unsustainable

July 18, 2022 3345 Views 0 comment Print

Held that addition, only on the basis of information received from investigation wing ignoring all the evidences filed by the assessee, is unsustainable in law

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