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ITAT Chennai

Appellant not attended hearing due to Covid-19 – ITAT set-aside Ex-parte order

March 29, 2022 1947 Views 0 comment Print

Jeyaraman Senthil Kumar Vs DCIT (ITAT CHENNAI) On perusal of the appellate order, we find that the ld. CIT(A) has given several opportunities and the assessee could not appear before the ld. CIT(A) due to circumstances beyond his control being COVID-19 pandemic period. Hence, we are of the opinion that one more opportunity should be […]

Identical name of 2 villages cannot form the basis for addition 

March 29, 2022 768 Views 0 comment Print

Mohideen Sharif Inayathulla Sharif Vs ITO (ITAT Chennai) Ground- The Ld. Commissioner of Income-tax (Appeals)-13, Chennai failed to independently apply his mind that the village in which this land is situated is more than 5 kilometers from the nearest municipal limits. A mere misstatement or confusion with regard to the identical name of 2 villages […]

Warranty obligation expenses cannot be treated as ‘fees for technical services’

March 29, 2022 20211 Views 0 comment Print

Tractors and Farm Equipment Ltd. Vs DCIT (ITAT Chennai) The submissions of Ld. AR are that warranty expenditure is part of overall sales obligations and the expenditure is reimbursed on actual basis. The warranty obligation being part and parcel of sales transactions and therefore, the same could not be held to be ‘fees for technical […]

Custom House Agent liable to deduct TDS on payments to CFS Agents

March 29, 2022 33669 Views 0 comment Print

Shanmugar Services Vs ITO (ITAT Chennai) As per the provisions of Sec.194C of the Act, any person responsible for making payment for any services needs to deduct TDS on such payment at the prescribed rate. From the plain reading of Sec.194C of the Act, it is abundantly clear that the person who makes payment is […]

Ressessment Invalid if no failure on the part of assessee to disclose fully & truly all material facts

March 29, 2022 1020 Views 0 comment Print

P. Divagar Vs ITO (ITAT Chennai) n the present case, the only issue for consideration is whether the reopening of assessment under section 147 of the Act is valid or not. For the sake of convenience, the reasons recorded and communicated to the assessee are reproduced as under: “The assessee filed his return of income […]

PCIT cannot pass revision order on issues which are not subject matter of limited scrutiny assessment proceedings

March 27, 2022 1257 Views 0 comment Print

Learned PCIT has exceeded her jurisdiction in examining issues other than the issues which is subject matter of limited scrutiny assessment proceedings before the Assessing Officer.

Expense on leased property to produce right ambience to attract customers allowable

March 25, 2022 591 Views 0 comment Print

. Expenses such as reflooring, painting of walls, false ceiling, temporary wooden structures were incurred to produce the right ambience to attract customers

Amount advanced & lost in the course of business allowable as bad-debt

March 25, 2022 1386 Views 0 comment Print

ACIT Vs Ankur Foundation P. Ltd (ITAT Chennai) The assessee claimed bad-debt of Rs.20 Lacs written-off against Mr. K.M.Pitchai. The same was held to be not allowable under any of the provisions. During appellate proceedings, it was explained that the assessee paid land advance of Rs.25 Lacs to Mr. Pitchaiin AY 2006-07. Since Mr. Pitchai […]

Internal family arrangement not relevant for Capital Gain computation

March 13, 2022 1287 Views 0 comment Print

Dr. E.S. Krishnamoorthy Vs ITO (ITAT Chennai) The facts with regard to ownership of property by three co-owners and their respective share in right and interest in the property is not in dispute. As admitted by the assessee himself, he owned 42.5% share in the property. The land owners have received two flats measuring 4092 […]

No revision possible invoking section 263 provisions on highly debate issue

March 13, 2022 765 Views 0 comment Print

Kalaivani Spinners Pvt. Ltd. Vs ITO (ITAT Chennai) ITAT observed that PCIT himself admits that there are different views possible on claim of deduction u/s.80IA and issue is highly debatable. Once the issue is highly debatable no revision is possible invoking the provisions of section 263 of the Act. Hence, we quash the revision order passed […]

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