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ITAT Chennai

PCIT cannot initiate penalty proceedings if no findings in assessment order on under or misreporting of income

June 28, 2022 969 Views 0 comment Print

In absence of any findings in assessment order regarding underreporting or misreporting of income, PCIT cannot revise assessment order to initiate penalty proceedings.

Expense on Let out Property not allowable as Business Expense if income offered under House Property

June 28, 2022 852 Views 0 comment Print

DCIT Vs Egberts India Pvt. Ltd. (ITAT Chennai) From the facts, it emerges that the property at Anna Nagar has been let out by the assessee and the rental income has been offered and assessed as Income from House Property. Under this head, the assessee is entitled to claim statutory deduction of 30% and interest […]

Properties purchased by individual in their name & from individual source of income cannot be treated as HUF property

June 28, 2022 5529 Views 0 comment Print

Mahadevan HUF Vs ITO (ITAT Chennai) We noted that the individual Smt. Bhavani Mahadevan had purchased the land at Plot No.94, ARN Nagar, Korattur by way of sale deed dated 14.07.1994 and land at Plot No.II, VGN Avenue, Sennerkuppam Village by way of sale deed dated 03.08.1995. Shri R. Mahadevan had purchased the land at […]

Lease rentals allowed as revenue expenditure u/s 37(1) even in finance lease

June 27, 2022 14223 Views 0 comment Print

Lease charges paid for the use of the asset, without acquiring any ownership rights in the same, are allowable as revenue expenditure under Section 37 of the Act.

Relinquishment of right in a property is capital gain

June 25, 2022 35019 Views 0 comment Print

Consideration received for relinquishment of right in property is assessable under the head income from capital gains.

No liability to pay Service Tax Until receipt of Consideration

June 24, 2022 1140 Views 0 comment Print

Explore the ITAT Chennai ruling in Col. D. Pradeep Kumar vs. DCIT regarding the disallowance of Service Tax under section 43B. ITAT directs the AO to verify and limit the disallowance

Lease Rental cannot be allowed on container shown in books as assets, depreciation allowed

June 24, 2022 606 Views 0 comment Print

Explore the ITAT Chennai decision in Tristar Container Services case. Analysis of lease rental disallowance, treatment of containers as assets, and alternative depreciation claim.

Addition for difference in profit as per ITR & audit report valid if diff. not explained satisfactorily

June 23, 2022 3885 Views 0 comment Print

G. V. N. Hospitals Vs ACIT (ITAT Chennai) In the present case, admittedly there is difference in net profit as shown in ITR and tax audit report and same has not been satisfactorily explained by the assessee. The Assessing Officer, after considering relevant facts has rightly made additions towards difference in net profit. The learned […]

Reassessment without speaking order against objections raised by assessee is invalid

June 23, 2022 2307 Views 0 comment Print

ACIT Vs Muktha Shantiniketan Properties (ITAT Chennai) It is an undisputed fact that the assessee has raised objection for reopening of assessment and the Assessing Officer has not passed any speaking order in respect of the objections raised by the assessee. It is contrary to the decision of the Hon’ble Supreme Court in the case […]

Addition cannot be made for refund of Advances paid against property

June 23, 2022 792 Views 0 comment Print

Sasi Enterprises Vs DCIT (ITAT Chennai) The assessee received refund of Rs.3.70 Lacs from one Mrs. Nagammal. In support, the assessee produced confirmation letter given by Shri P.V.Padmanadhan (son of deceased Mrs. Nagammal). It was stated that Mrs. Nagammal entered into an agreement for sale of 25 acres of land and received advance of Rs. […]

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