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ITAT Chennai

Section 54B Capital Gains Exemption: ITAT remands Matter to AO

October 22, 2023 318 Views 0 comment Print

ITAT Chennai’s ruling in Smt. Nagappan Suganthi Vs ACIT. Non-consideration of evidence on deduction claim u/s 54B and capital gains exemption on sale of agricultural land. Matter remanded to AO.

Section 54F Deduction Granted: New House Purchase within Two Years of Asset Transfer

October 19, 2023 564 Views 0 comment Print

In a crucial ruling, ITAT Chennai allows Section 54F deduction for a new residential property purchase, clarifying tax implications. Learn more in this detailed analysis.

Provisions of section 28(va) doesn’t apply in case of termination of call option

October 17, 2023 588 Views 0 comment Print

ITAT Chennai held that the termination of the call option merely relinquishes the right of to buy shares, however, there is no element of non-compete obligation inherent in the agreement and hence provisions of Section 28(va) of the Income Tax Act cannot be triggered.

Conflict of Interest in ITAT Chennai: Detailed Analysis and Conclusion

October 17, 2023 1377 Views 0 comment Print

Explore the case of Daechang Seat Co. Ltd. Vs DCIT at ITAT Chennai, involving a ‘conflict of interest’ issue. Learn about legal principles, professional conduct, and how it impacts income-tax proceedings

Delay to due to Relying on Auditor for Return Filing Justifies Section 273B Penalty Deletion

October 10, 2023 393 Views 0 comment Print

Learn why ITAT Chennai deleted the penalty in the case of S. A. Poultry Farms vs. ITO for failure to upload the income tax return electronically. Detailed analysis provided.

Partial interest cannot be considered as full ownership to deny Section 54F exemption 

October 9, 2023 3438 Views 0 comment Print

Explore case of V.R. Usha Vs ITO, where Section 54F exemption was denied despite partial property ownership, and how it sets a precedent for similar cases.

Mechanical issuance of notice u/s 148 of the Income Tax Act is unsustainable

October 7, 2023 1215 Views 0 comment Print

ITAT Chennai held that notice u/s 148 of the Income Tax Act being issued mechanically by AO without going through the original assessment records and without verification of documents on records is unsustainable in law.

Nature and source of credit being linked to business it cannot be assessed under deeming section 68

October 5, 2023 891 Views 0 comment Print

ITAT Chennai held that once the nature and source of credit found in the books of accounts is linked to business, then any income generated out of such business activity is assessable under the head income from business and profession alone, but not under the provisions of section 68 of the Income Tax Act.

Disallowance restricted to 0.5% of guarantee value in corporate guarantee to AE

October 4, 2023 1290 Views 0 comment Print

ITAT Chennai held that the corporate guarantee to Associated Enterprise (AE) is an international transaction and it has to be assessed at 0.5% of the corporate commission. Hence, directed AO to restrict the disallowance at 0.5% of the guarantee value.

Services by non-resident agent for completion of export commitment doesn’t fall under Fee for Technical Services

October 2, 2023 324 Views 0 comment Print

ITAT Chennai held that the services rendered by non-resident agent for completion of export commitment would not fall under the definition for fee for technical services. Hence, disallowance alleging non-deduction of TDS unjustified.

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