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ITAT Chennai

Carbon Credits wrongly offered to tax in earlier year can be claimed as deduction on non-realisation

May 6, 2022 921 Views 0 comment Print

Bharath Wind Farm Ltd Vs DCIT (ITAT Chennai) Upon careful consideration of factual matrix, it could be seen that the assessee has earned Carbon Credits in earlier years on the basis of wind-mill power generated during FYs 2007-08, 2008-09 & 2009-10. Recognizing the same in its books of accounts, the assessee booked income of Rs.305.59 […]

ITAT quashes Revision order of CIT as AO had a reasonable view

May 6, 2022 654 Views 0 comment Print

Smt. E. Santhakumari Vs ITO (ITAT Chennai) We noted that the Assessing Officer while framing the assessment has gone into the details of the cash deposits of Rs.30.00 lakhs and the other two more amounts of Rs.5,09,000/- and Rs.6,95,900/-. She stated before the Assessing Officer that the cash deposits is out of the gift received […]

Advance for DTH services taxable when such services rendered

May 3, 2022 948 Views 0 comment Print

ACIT Vs Sun Direct TV Pvt. Ltd. (ITAT Chennai) The undisputed fact that emerges are that the assessee provide DTH services to various subscribers. The assessee receives subscription amount on quarterly / half-yearly / annual basis and credit the same to ‘deferred income account’. From this account, the revenue earned, for each day, are transferred […]

Advertisement expense paid to Facebook (non-resident) without TDS deduction allowable

May 2, 2022 3660 Views 0 comment Print

Matrimony.com Limited Vs. ACIT/DCIT/ITO (ITAT Chennai) Briefly stated facts are that the assessee company is engaged in the business of providing services in connection with marriage alliance and related services. The company markets its product both through online and offline advertisements. During the year, the company has availed the services of Facebook, Ireland Ltd., for […]

ITAT condones delay of 1217 days in appeal filing

May 2, 2022 1068 Views 0 comment Print

Kal Airways Private Limited Vs DCIT (ITAT Chennai) The Registry has noted inordinate delay of 1217 days in the appeal. The condonation of the same has been sought by the assessee on the strength of affidavit of Shri K.Sundar for assessee company. It has been submitted that delay has occurred due to frequent covid surge […]

Section 271(1)(c) Penalty not sustainable on mere estimated additions

April 23, 2022 1554 Views 0 comment Print

In our considered opinion, additions which are mere estimated additions do not attract penalty u/s 271(1)(c) and it is not a fit case of levy of penalty.

Addition cannot be made merely for mistake in ITR filing

April 20, 2022 6063 Views 0 comment Print

Chinna Ponnu Ammal Trust Vs DCIT (ITAT Chennai) After perusal of Form No.10B as placed on record, it could be seen that the assessee has applied an amount of Rs.5,55,57,015/- for the purpose of charitable trust. However, as per Explanation-3 to Sec.11(1), the disallowance of Rs.48,69,504/- u/s 40(a)(ia) would not be considered as application of […]

Section 44AD cannot be applied to Commission Agents

April 19, 2022 27465 Views 0 comment Print

Shri Selvaperumal Govindraj Vs ITO (ITAT Chennai) We noted that the legal position is very clear that profit rate as mentioned in the provisions of Section 44AD of the Act, cannot be applied to commission agents who are doing business of agency commission or earning commission income only in view of provisions of Section 44AD(6)(iii) […]

ITAT refuses to condone delay in Appeal filing as reasons not supported by any evidence

April 17, 2022 735 Views 0 comment Print

Arjun Chemicals Pvt. Ltd Vs DCIT (ITAT Chennai) The ld. Senior DR stated that the assessee has not elaborated how the assessee’s health condition was not viable for filing of appeal or there is no supporting evidence for the reason that the assessee’s health condition was not proper. Hence, he stated that the delay of […]

Addition of unexplained credits justified if assessee fails to explain credit appeared in books with necessary evidence

April 2, 2022 2013 Views 0 comment Print

ACIT Vs S. Mohan Kumar (ITAT Chennai) Conclusion: Assessee failed to file necessary evidence to establish credits appearing in the names of above two persons in the books of account of the assessee as genuine transactions, therefore, addition of unexplained credits  was rightly justified. Held: AO made additions towards credits on the ground that the […]

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