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ITAT Chennai

Reopening cannot be done in a mechanical manner & on a mere change of opinion

March 13, 2022 1053 Views 0 comment Print

Standard Builders Vs ACIT (ITAT Chennai) ITAT held that reopening could not be done in a mechanical manner and on a mere change of opinion. Further, in case of reopening beyond 4 years, the revenue must allege that there was failure on the part of the assessee to disclose material facts. We find that the […]

Foreign exchange difference as on balance sheet date is allowable expense

March 13, 2022 3849 Views 0 comment Print

Venture Lighting India Vs ACIT / DCIT (ITAT Chennai) ITAT noted that the assessee is consistently following a policy and method of accounting admitting foreign exchange gain or loss on year-on-year basis. The assessee before us filed complete chart from assessment year 2010-11 to 2016-17 as noted above. Before us, the ld. Senior DR could […]

Appellate authority shall decide appeal on merits despite absence of assesse

March 13, 2022 1263 Views 0 comment Print

The appellate authority has to decide the appeal on merits even in the absence of assessee and not to dismiss it for default.

CIT Appeal cannot set aside the matter to the file of AO

March 13, 2022 5754 Views 0 comment Print

ACIT Vs Shri. Mohamed Hassan (ITAT Chennai) Section 251(1)(a) of the Act does not provide power to the Ld. CIT(A) for setting aside the matter to the file of the Ld. AO. The power given to the Ld. CIT(A) in terms of section 251(1)(a) of the Act relates to confirming, reducing, enhancing or annulling the […]

Mere delay in materialisation of large real estate project cannot be treated as discontinuance of business

March 10, 2022 984 Views 0 comment Print

DCIT Vs PVP Ventures Ltd (ITAT Chennai) It is to be noted here that the assessee is already into the real estate business through its subsidiaries and also has taken over and merged an entity BREAD who owns a large chunk of land in an extent of Ac.70. Such a large project takes time to […]

Loss from Investments in subsidiaries made in normal course of business to make business more profitable allowable

February 28, 2022 10059 Views 0 comment Print

Refex Industries Limited Vs DCIT (ITAT Chennai) From the factual matrix as enumerated in preceding paragraphs, it could be gathered that the assessee was engaged in refrigerant gases which are used mostly in Air Conditioners, refrigerators and refrigerating equipments. With a view to expand its business and with a view to facilitate import of gases, […]

Depreciation not allowable on Portion of Factory leased to earn Rent

February 9, 2022 7551 Views 0 comment Print

In this case, assessee is engaged in manufacturing of automobile components and let out 50% of its factory building on lease and earned rental income. Thus, the ld. CIT(A) has rightly held the rental income as income under the head house property. Having the rental income held as income under the head house property, the assessee is not eligible for claim of depreciation on the let out portion.

Adjustment of section 14A disallowance cannot be made while computing Section 115JB Book Profits

February 1, 2022 1806 Views 0 comment Print

ITAT held that adjustment of disallowance u/s 14A could not be made while computing Book Profits u/s 115JB as per the decision of Special Bench of Delhi Tribunal in ACIT V/s Vireet Investment (P) Ltd. (165 ITD 27) as well as the recent decision of Hon’ble Karnataka High Court in Sobha Developers Ltd. V/s DCIT (2021; 125 com 72).

Reimbursement of Expenses cannot be treated as Income despite deduction of TDS

January 30, 2022 34407 Views 0 comment Print

K.C. Marketing Vs ACIT (ITAT Chennai) Assessee has claimed various expenditure from its principal by way of reimbursement. The copies of relevant bills as well as credit notes issued by M/s Satnam Overseas Ltd. in favor of assessee has also been placed on page nos. 38 to 83 of paper-book. The statement of TDS deducted […]

NO Section 154 rectification order can be passed after the expiry of 4 years from the date of order sought to be rectified

January 30, 2022 5076 Views 0 comment Print

P.S. Jagdish Vs DCIT (ITAT Chennai) We noted that the return of income filed by the assessee was processed by CPC, Bengaluru and intimation u/s.143(1) of the Act was issued on 05.03.2012 (which is not disputed by Revenue). Admittedly, the AO passed rectification order on 20.06.2016. The claim of the assessee is that the rectification […]

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