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ITAT Chennai

In absence of sufficient cause delay in filing of return cannot be condoned

September 24, 2021 1176 Views 0 comment Print

For the condonation of the delay, the assessee has to show that there must be a sufficient cause to condone the delay. In this case, the assessee himself decided as per his affidavit not to go to his house knowingly that there must be an assessment order. No one is prevented the assessee to go to his house therefore, we are of the opinion that there is no sufficient cause to condone delay. Accordingly, the appeals filed by the assessee are dismissed.

Section 54 exemption cannot be claimed on the basis of non-genuine agreement

September 24, 2021 1260 Views 0 comment Print

Jayaseelan Vs ITO (ITAT Chennai) Shri Jayaseelan (the Appellant) has filed the current appeal being aggrieved against the order dated March 5, 2018 passed by the ld. Commissioner of Income Tax (Appeals) (the CIT(A)) for the assessment year 2014-15 wherein  the claim of the Appellant claiming benefit under section 54 of the Income Tax Act,1961 […]

Tehsildar is not a competent person to decide distance for Capital Gain

September 24, 2021 3609 Views 1 comment Print

In so far as the certificate issued by the Tehsildar is concerned which is at page No.1A of the paper book, it does not show that from the Chidambaram how it comes to 8.5 K.M and apart from that in our view the Tehsildar is not a competent person to decide the distance.

Single Purchase & sale Transaction of shares cannot be treated as Business Activity

September 24, 2021 1686 Views 0 comment Print

Sak Industries Pvt. Ltd. Vs DCIT (ITAT Chennai) We find that the assessee has purchased 1,25,000/- equity shares of ING Vysya Bank during the month of January and February, 2009 and subsequently during the month of September, 2009 all the shares are sold. The assessee also shows the above transaction in its books of accounts […]

No TP Adjustment for Increase in brand value due to use of foreign AEs brand name

September 17, 2021 702 Views 0 comment Print

Increase in brand value due to use of foreign AEs brand name in Taxpayer’s products cannot be considered as provision of services, as per international transaction definition u/s 92B of the Income Tax Act, 1961.

Disallowances u/s.14A cannot exceed amount of exempt income

September 1, 2021 1164 Views 0 comment Print

Disallowances u/s.14A could not exceed amount of exempt income, therefore, AO was directed to restrict disallowances u/s.14A to the extent of exempt income earned for the impugned assessment year.

Bogus purchases Addition justified if based on evidences instead of sworn statements

June 23, 2021 3471 Views 0 comment Print

Additions made by AO was not only on the basis of sworn statement but also on the basis other evidences collected during the course of search including discrepancies in books of accounts regarding accounting of bogus purchases therefore, there was no merit in arguments of assessee that AO had made additions towards alleged purchases only on the basis of statement recorded from those parties without further evidences.

Facts already disclosed in return cannot constitute incriminating material found during search

June 9, 2021 1758 Views 0 comment Print

ACIT Vs CMG Steels Pvt. Ltd. (ITAT Chennai) Facts already disclosed in return of income cannot constitute incriminating material found during search. Also held cross examination importance when requested without which addition becomes invalid In the present case, on perusal of facts available on record, we find that the AO has made additions towards unsecured […]

No section 68 addition for unsecured loans if assessee proves genuineness

June 9, 2021 16362 Views 0 comment Print

Once an assessee discharged its burden, then burden shifts to AO to prove otherwise that said transaction was nothing but undisclosed income of the assessee. In this case, AO had not brought on record any evidence to prove that said sum was undisclosed income of assessee. Therefore, AO was completely erred in making additions towards unsecured loans received from three companies of assessee group.

Best judgment assessment – Arbitrary adoption of percentage not admissible

April 28, 2021 3270 Views 0 comment Print

In best judgment assessment, AO had to bring on record certain material with regard to rate of profit admitted for estimation of profit with some comparable cases of similar nature or profit declared in similar industry

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