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ITAT Chennai

Business Income declared during Survey can be set-off against Business Losses

February 16, 2021 2502 Views 0 comment Print

Income declared in survey is to be taxed and it has to fall under one of the heads of income, i.e., business income and, therefore, is available for set-off against the business loss.

Section 80IA deduction cannot be denied for use of same technology & Production of Same product

February 8, 2021 2205 Views 0 comment Print

DCIT Vs NLC India Ltd. (ITAT Chennai) The main objection of the AO is that the new unit started cannot be considered as separate undertaking because it is using the same manufacturing technology and the finished goods are also the same, i.e., power. The new unit, i.e., unit TPS-I Expansion is nothing but the expansion […]

Input Tax Credit Written off In Books of Accounts is allowable U/s. 37(1)

February 8, 2021 22530 Views 0 comment Print

FIH India Private Limited Vs DCIT (ITAT Chennai) There is no dispute with regard to the fact that the assessee has written off input Service Tax during the impugned financial year relevant to assessment year 2010-11. But, the dispute is with regard to deductibility of input service tax. The AO has disputed deduction claimed by […]

Compensation for pre-closure of Contract Manufacturing Agreement is non-taxable Capital Receipt

February 8, 2021 1698 Views 0 comment Print

Sai Mirra Innopharm Private Limited Vs ITO (ITAT Chennai) On perusal of details filed by the assessee, we find that the assessee has entered into a contract manufacturing agreement with Dr.Reddy’s Laboratories Ltd., for a period of 10 years for manufacturing of drugs as per the specification provided by the principals, but the know-how required […]

Income from licensing fully furnished hotel with license to run hotel is business receipt

February 8, 2021 1569 Views 0 comment Print

Dodla International Ltd. Vs ACIT (ITAT Chennai) ITAT held that  license fee received by the assessee for licensing a fully furnished hotel along with license to run the hotel is a business receipt, which is assessable under the head ‘income from business or profession’ but not a rental income, which is assessable under the head […]

AO cannot reject Valuation report for non-filing of the same during Original or Revision Proceedings

February 1, 2021 2112 Views 0 comment Print

Sakthi Textiles Ltd Vs DCIT (ITAT Chennai) Coming back to observations of the Assessing Officer regarding valuation report. The Assessing Officer never stated that assessee has not filed valuation report in support of fair market value of shares. In fact, Assessing Officer has categorically admitted that assessee has filed valuation report from independent Chartered Accountant […]

No section 80IB(10) deduction If No expense by Land Owner Towards project Development

January 28, 2021 2064 Views 0 comment Print

Explore Anjli Foundations’ eligibility for 80IB(10) deduction as ITAT Chennai reviews the case. Legal analysis, key points, and ITAT judgment insights provided.

Tax on Interest on Delayed Compensation for Compulsory Land Acquisition

January 28, 2021 11952 Views 0 comment Print

ACIT Vs SV Global Mill Ltd. (ITAT Chennai) We find that the Tribunal in the context of Section 10(37) of IT Act, held that interest received for delayed payment of enhanced compensation in respect of acquisition of immovable property is in the nature of interest liable to be taxed u/s.56(2)(viii) r.w.s. 145A(b) of IT Act. […]

No section 80IB(10) deduction to Land owner if no developmental activity by him

January 28, 2021 1269 Views 0 comment Print

ITO Vs Anjli Foundations (ITAT Chennai) The undisputed fact in this case is that the assessee is owner of the land. Therefore, for claiming the deduction u/s. 80IB(10), the assessee has to establish that it had undertaken developmental activities which include activities like undertaking the levelling the road and removal of rock surface in the […]

ITAT quashes reopening of assessment as AO not alleged that Assessee failed to disclose material facts during Original Assessment

January 28, 2021 2334 Views 0 comment Print

Since there was no allegation by AO on failure on the part of assessee to disclose fully and truly all material facts necessary for assessment, therefore, reopening of assessment was not based on sound footing and hence the impugned assessment order framed u/s.143(3) r.w.s. 147 was illegal and liable to be quashed.

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