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ITAT Chennai

Depreciation allowable on Machinery ready but could not be put to use

April 21, 2021 5490 Views 0 comment Print

DCIT Vs Agile Electric Sub Assembly Pvt. Ltd. (ITAT Chennai) Admittedly, the assessee has filed a tabular chart explaining date of purchase of machinery and completion of commissioning of such machinery, as per which all the plant and machinery was commissioned before 30.03.2013. The assessee had also placed on record commissioning report for installation and […]

Allowability of membership fee paid to MCX Exchange Ltd.

April 21, 2021 1485 Views 0 comment Print

Unifi Capital Pvt. Ltd. Vs Income Tax Officer (ITAT Chennai) Admittedly, membership fee paid to any stock exchange including MCX Exchange Ltd., is for acquiring a right in membership of exchanges for trading in shares and securities. Further membership rights in any stock exchange including MCX Exchange Ltd., is a transferable right. Therefore, said right […]

Section 80IC deduction allowable when existing plant & machinery not exceeds 20%

April 21, 2021 2889 Views 0 comment Print

DCIT Vs Pool Thevar Marimuthu (ITAT Chennai) The Assessing Officer alleged that assessee has used old plant and machinery previously used in the unit of M/s. Arun Plasto Moulders Private Ltd at Rs.31 ,20,023/- out of total plant and machinery installed at new unit of Rs.59,81,123/- and the said used plant and machinery is more […]

Section 158BC Assessment order r.w.s 143(3)/254 barred by section 153(2A) limitation liable to be Quashed

April 9, 2021 4227 Views 0 comment Print

Assessment order passed u/s. 158BC r.w.s 143(3) / 254 dated 31.12.2019 determining the undisclosed income of about Rs. 57.43 crores against Mr.D was barred by limitation as per provisions of section 153(2A) and liable to be quashed as AO ought to have passed assessment order on 14.04.2019 whereas the impugned order was passed on 31.12.2019.

TDS not deductible on Fee to Offshore CA Firm having no PE in India for return filing services

March 19, 2021 2823 Views 0 comment Print

Sundaram Business Services Limited Vs ITO (ITAT Chennai) As regards professional charges paid to M/s. TWB Pty Ltd., a company of Chartered Accounts, although payment made to said company is not covered under Article 14, but said payment is covered under Article 7 of DTAA between India and USA because the business profits of an […]

ITAT allows Employee’s Contribution to PF/EPF paid after Due Date

March 10, 2021 1800 Views 0 comment Print

Doosan Power Systems India P.Ltd. Vs DCIT (ITAT Chennai) We find that issue of belated payment of employees contribution to PF & ESI is allowable expenditure u/s.43B of the Act or not is no longer res integra. The Hon’ble Supreme Court in the case of M/s.Vinay Cements Ltd. (supra) and also in the case of […]

ITAT directs AO to follow rule of Consistency while disallowing expenses

March 3, 2021 6975 Views 0 comment Print

Travancore Textiles P. Ltd. Vs ITO (ITAT Chennai) The Assessing Officer has assessed interest income under the head income from other sources and further disallowed total expenditure incurred at Head Office on the ground that said expenditure is relatable to agricultural operations of the assesse. We find that the Assessing Officer is following different method […]

No wealth Tax on Urban Land after construction of Building by Charitable Trust on the same

March 1, 2021 1314 Views 0 comment Print

Shri S. Peter Vs Asst. Commissioner of Wealth Tax (ITAT Chennai) The solitary issue that came up for our consideration from the given facts and circumstances of this case is, whether the lands owned by the assessee and leased to trusts comes under the definition of ‘asset’, as defined u/s.2(ea) of the WT Act, or […]

Revenue expense with no enduring benefit allowable in the year of incurrence

March 1, 2021 3609 Views 0 comment Print

DCIT Vs Hinduja Leyland Finance Ltd. (ITAT Chennai) In the present case, entire expenditure has been incurred at the beginning of the sanctioning of term loan and also qualifies to be revenue expenditure. Therefore, in our considered view the decision of the Hon’ble Supreme Court in the case of M/s. Taparia Tools Ltd. (supra) is […]

AO cannot treat LTCG as Bogus merely on SEBI investigation report

March 1, 2021 3321 Views 0 comment Print

Kiran Kumar Vs ACIT (ITAT Chennai) The AO disallowed the exemption claimed u/s.10(38) solely based on the investigation report by SEBI pertaining to certain cases based from Kolkatta wherein share prices rigged substantially over a period of time. Merely on suspicion and surmises, this disallowance was made without any corroborative evidence. The AO failed to […]

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