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ITAT Chennai

Reassessment u/s 147 without any tangible material to support escapement of income not justified

February 25, 2020 1782 Views 0 comment Print

SPR & RG constructions Pvt. Ltd. Vs ACIT (ITAT Chennai) The issue under consideration is whether the reasons for reopening of assessment u/s 147 are justified? The reasons recorded for reopening are on the basis of the audited accounts of the assessee i.e., specifically perusal of Schedule 30 of the profit and loss account and […]

Advance Towards Sale of Property for Commercial & Business Purpose Can’t be Treated as Deemed Dividend

February 25, 2020 3447 Views 1 comment Print

The issue under consideration is whether the advance received towards sale of property falls within the meaning of commercial and business purpose and can be treated as deemed dividend without considering the true nature of the transaction?

Section 54F exemption available despite investment in Spouse Name

February 25, 2020 6132 Views 0 comment Print

In the given case, the issue under consideration is if the new property has been invested in the name of assessees husband, then in such case whether the exemption under Section 54F can be denied to the assessee or not?

Change in Inventory Valuation Method Allowed if Based on AS 2

February 5, 2020 10440 Views 0 comment Print

The issue under consideration is whether the change in method of valuation of inventory is allowed if it is based on AS 2 as prescribed by ICAI?

Complete work & hearing in office hours except in occasionally Circumstances: ITAT

January 16, 2020 1923 Views 0 comment Print

Shri Shanmugam Senthilkumar Vs ITO (ITAT Chennai) ITAT, Chennai advice to CIT ( Appeals) to Complete the work and hearing in office hours except in occasionally Circumstances hearing the appeals and making the tax practitioners, advocates and Chartered Accountants to wait till 9 PM to 10 PM on daily basis has to be avoid. Late […]

Home loan interest can be included in cost in Capital Gain Computation

January 6, 2020 42780 Views 1 comment Print

Assessee is entitled to include interest in the capital cost while computing capital gains U/s 48 of the Act. Judicial discipline requires us to follow the order of a co‑ordinate bench.

Bogus long-term capital gain on sale of shares- ITAT upheld Addition

January 2, 2020 3018 Views 0 comment Print

Sudha Eashwar Vs ITO (ITAT Chennai) The assesse is claiming exemption by way of long term capital gains claimed by it to be earned on sale and purchase of Turbotech Engineering Ltd. by invoking provisions of Section 10(38) of the 1961 Act and onus is on the assessee to prove that these gains are genuine […]

Leased property exceeding 12 year eligible for Section 54F exemption

December 6, 2019 7854 Views 0 comment Print

Shri N. Ramaswamy Vs ITO (ITAT Chennai) A bare reading of Section 2(47)(vi) of the Act shows that the agreement or arrangement which has the effect of transferring or enabling the enjoyment of immovable property, has to be considered as transfer in relation to capital asset. In this case, there was a perpetual lease agreement […]

Expense against carbon credit (Capital Receipt) not deductible

December 5, 2019 1383 Views 0 comment Print

Rajshree Sugars and Chemicals Limited Vs ACIT (ITAT Chennai) As we have already held that the receipt on the sale of carbon credits is liable to be treated as capital receipts, admittedly, the expenditure incurred by the assessee in respect of the sale of the carbon credits cannot be treated as Revenue expenditure at all. […]

Amount received through Will of God Mother Eligible for Exemption u/s 56(2)(vii)

December 3, 2019 1134 Views 0 comment Print

Cynthia Ramona Chellappa Vs. ITO (ITAT Chennai) The issue under consideration is whether the amount received through the Will of God-Mother is eligible for exemption u/s 56(2)(vii)? ITAT states that a perusal of the provisions of Section 56(2)(vii) shows that any amount received by an individual without consideration and the aggregate value exceeds 50,000, the […]

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