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ITAT Chennai

Capital gains exempt u/s 54EC could be reckoned for book profit u/s 115JA

July 20, 2019 2058 Views 0 comment Print

In the given case the issue under consideration is that whether capital gains, which were exempt under section 54EC could be reckoned for purpose of computing book profit under section 115JA

On failure to prove agriculture activity, Income can be treated as non-agricultural

July 5, 2019 1053 Views 0 comment Print

Whether the AO is correct in making addition in the return by considering the income as not from agriculture on the failure of Assessee to prove agriculture activity?

Cancer Treatment is reasonable cause for delay in Appeal Filing: ITAT

June 25, 2019 1749 Views 0 comment Print

Assessee was diagnosed with Cancer in December, 2017 and the ld. CIT(A) passed the order on 20.03.2018, which is subsequent to the diagnosis of the illness, needless to mention that treatment of cancer is very painful and it is not possible to focus on other issues when he was under the treatment and therefore in our opinion, there is a reasonable cause for not fling the appeal within the due period and therefore we are of the considered opinion that it is a fit case to condone the delay and accordingly we condone the delay and admit the appeal for adjudication.

Depreciation on non ­compete fee payment treating it as an intangible asset

June 12, 2019 2925 Views 0 comment Print

Recently in the DCIT vs. Compass Group (India) Support Services P. Ltd.  ITAT Chennai decided on 12.06.2019, one of the ground taken by Revenue in the appeal was that the Learned CIT(A) has erred in providing relief to the assessee by holding that the appellant was entitled to depreciation on non ­compete fee as an intangible asset under Section 32( l)(ii) of the Income Tax Act, 1961 (hereinafter referred in short as the Act).

Distance Certificate issued by Tahsildar cannot be rejected on Bus Route Distance basis without examining Tahsildar

June 7, 2019 5352 Views 0 comment Print

B. Kannabiran Vs ACIT (ITAT Chennai) Tahsildar, being the head of the revenue unit of the Taluk, issued certificate saying that the land in question is beyond 9 KMs radius from Tambaram municipality. This certificate issued by the Tahsildar was rejected by the CIT(Appeals) on the basis of bus route. The details with regard to […]

Section 54F Exemption without evidence of Agreement & Payment not allowable

June 7, 2019 2391 Views 0 comment Print

Smt. Archana Kanwar Vs ITO (ITAT Chennai) We have heard both the sides, perused the materials available on record and gone through the orders of authorities below. During the previous year relevant to the assessment year 2012-13, the assessee sold a vacant plot at Gurgaon, Haryana for a consideration of ₹.75,00,000/- after reducing the index […]

Mere Book Entries not establish Genuineness of Expenditure

May 30, 2019 2625 Views 0 comment Print

Shri. P.K. Mohammed Vs. ACIT (ITAT Chennai) As regards to the allowances of discount, commission and development expenditure, no evidence were filed before us establishing the genuineness of the expenditure. Mere entries in the books of accounts does not establish the genuineness of the expenditure. The contention that profit arising on account of sale of […]

Section 12AA Trust Registration Cancellation justified for Receipt of unaccounted capitation fee by educational trust

May 27, 2019 2076 Views 0 comment Print

Receipt of capitation fee by educational institution and non-recording thereof by assessee, educational trust, in regular books of account was in total violation of section 13(1)(c) and, therefore, cancellation of registration under section 12AA was justified.

ITAT upheld section 68 Addition- Big Jump in Share Price of unknown Company

May 21, 2019 3156 Views 0 comment Print

Assessee has not tendered cogent evidence to explain as to how the shares in an unknown company had jumped to an higher amount in no time when the fantastic sale price was not at all possible as there was no economic or financial basis to justify the price rise. Also, assessee failed to provide details of persons who purchased the shares. Clearly, assessee had indulged in a dubious share transaction, meant to account for undisclsoed income in the garb of long-term capital gain, therefore, such gain had to be assessed as undisclosed credit under section 68.

Sham Transactions under the garb of Donation not allowable

May 10, 2019 1233 Views 0 comment Print

Shri Bansilal Bagri Vs DCIT (ITAT Chennai) This is the transaction arranged in such a way that the accommodation entries were made at several entities level and ultimately the money came back to the assessee. Herbicure Healthcare Bio-Herbal Research Foundation of Kolkata involved in the fraudulent and sham transactions, providing accommodation entries and claiming a […]

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