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ITAT Chennai

TDS u/s 194J Applicable on Payments by TPA to Hospitals on behalf of Insurance Companies

November 19, 2019 10107 Views 0 comment Print

The issue under consideration is whether TDS u/s 194J will be applicable on payments made by TPA to hospitals on behalf of insurance companies for settling medical or insurance claims?

Section 56(2)(vii)(b) Addition by adopting Land Value of Adjacent Area is unjustified

November 5, 2019 1884 Views 0 comment Print

The issue under consideration is whether the AO is correct in adopting land value of adjacent area, just because the colony is adjacent to a road, which has a higher guideline value is justified in law and in ignoring the specific guideline value fixed by the Government in respect of specific colony or flat?

Provision of Section 167B(1) applies if shares of members of AOP indeterminate & unknown

October 21, 2019 11556 Views 0 comment Print

It cannot be said that the shares of the profit in AOP of members is determinate or known. Thus on cumulative consideration of all clause the three agreement entered into it is crystal clear that shares members of AOP are indeterminate and unknown, therefore the provisions of sub section (1) to Section 167B of the Act are squarely applicable and we do not find any reason to interfere with the orders of the lower authorities.

ITAT restore the file to AO – Assessee to produce all relevant documents, evidences to AO

October 14, 2019 1839 Views 0 comment Print

M. Shanthi Vs DCIT (ITAT Chennai) It is noticed that as the assessee has not produced the evidences before the Assessing Officer, and has given reasonable and justifiable cause for the same, in the interest of justice, the issues in this appeal are restored to the file of Assessing Officer for re-adjudication. The liberty is […]

Incentive received from Government for exploring new market -capital receipt or revenue receipt?

September 12, 2019 2382 Views 0 comment Print

JCIT (OSD) Vs Eastman Exports Global Clothing (P) Ltd. (ITAT Chennai) We have considered the rival submissions on either side and also perused the relevant material available on record. The Market Linked Focus Product Scheme is a scheme promoted by the Director General of Foreign Trade wherein incentive @ 2% on the FOB value of […]

Capital Gain tax liable on property sold by bank to recover loan given to group concerns

September 6, 2019 26307 Views 0 comment Print

The issue under consideration is whether Capital Gains will be applicable in case where Bank sold the property of group concern as it failed to repay the loan?

Section 45(3) AO cannot disturb value of consideration recorded in books of firm

August 19, 2019 8457 Views 0 comment Print

Provision of section 45(3) are exhaustive and does not confer any power on the AO to adopt consideration different from what is recorded in the books of account of the firm. Thus, AO was not correct in adopting the market value of land as revalued subsequently by the firm in the books of account.

Section 68 Addition- ITAT remands back the case to CIT(A)

August 1, 2019 1671 Views 0 comment Print

ACIT Vs Rohini Hotel (Madras) Pvt. Ltd. (ITAT Chennai) A perusal of the Page Nos. 6-13 of the Paper Book filed by the assessee shows that the assessee has filed certain reconciliation statements in respect of the shortfall of investments u/s. 68 added by the AO. The same are scanned and made a part of […]

Section 54/54F: New residential house need not be purchased by assessee in his own name

July 26, 2019 10398 Views 0 comment Print

Mrs. A. Vijayakumari Vs ITO (ITAT Chennai) The provisions of section 54 of the Act are beneficial and are to be considered liberally for reasonable bonafide cause but investment in residential property is mandatory which is not in dispute in this case. The Assessing Officer was not justified in rejecting the case law relied on […]

Depreciation @ 25% on toll way rights treating as intangible asset allowable

July 26, 2019 2535 Views 0 comment Print

ITAT held that CIT(A) rightly directed Assessing Officer to allow the assessee’s claim of depreciation @ 25% treating the toll way rights as an intangible asset under section 32(1)(ii) of the Income Tax Act, 1961.

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