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ITAT Chennai

No Violation of Section 13 on refund of Advance against property with Interest from Interested Parties

October 28, 2015 3176 Views 0 comment Print

M/s Vels Institute of Science Technology & Advanced Studies Vs. DDIT (E)- ITAT Chennai- Section 13(1)(a) says that if any part of the property or income of the Trust is given to the interested person without either adequate security or adequate interest

Assessment U/s. 153A is Valid if Income been disclosed after Search and cannot be said to be without jurisdiction

October 14, 2015 604 Views 0 comment Print

The ld. Authorised Representative for assessee submitted that the Commissioner of Income Tax (Appeals) erred in not noting that the impugned assessment had been passed in the absence of proper and valid authorization.

Expenses having no nexus with earning of income u/s 57 not allowed

October 9, 2015 1157 Views 0 comment Print

ITAT Chennai held In the case of M/s. M.R.M. Plantations P. Ltd. vs. DCIT that u/s 57 only expenditure incurred in connection with earning of income was allowable as deduction. The assessee admitted that the entire income is by way of interest from the bank deposits.

AR cannot sign additional ground on behalf of assessee

September 30, 2015 10911 Views 0 comment Print

M. Natarjan Vs. DCIT (ITAT, Chennai) Addition on behalf of undisclosed income of various amounts has been made against the assessee. Before ITAT assessee raised additional ground that addition was made before approval of concerned authorities prescribed u/s 158BG and hence invalid.

No assessment can be made in the hands of non-existing company

September 16, 2015 3475 Views 0 comment Print

In the case of M/s PVP Ventures Ltd. Vs. DCIT Chennai Bench of ITAT have held that assessment could not be made in the hands of non-existing company. ITAT observed that the company, assessed at Hyderabad, has amalgamated into assessee.

Construction of super structure on lease hold land covered in explanation 1 to sec. 32, not of revenue nature

September 11, 2015 17901 Views 0 comment Print

ITAT Chennai held In the case of The Continental Enterprise vs. ITO that as per explanation 1 to sec.32, where any business or profession is carried on in a leased building and any capital expenditure incurred for business or profession on the construction of any structure or doing any work in

Discount adjustment allowed while calculating suppression of sale due to difference in price of menu card and daily stock sheet

September 4, 2015 798 Views 0 comment Print

ITAT Chennai held In the case of ACIT vs. Sh. R. Paneerselvam (Individual) that normally, the sale price mentioned in the menu card would be the sale price of the liquor. However, the fact is that the liquor shops are giving discount on the liquor sold to their corporate guests, walk in customers, etc. for various reasons.

Revised return with same info is furnishing of inaccurate particulars

July 31, 2015 1016 Views 0 comment Print

The ITAT Chennai in the case of DCIT vs. M/s. Rattha Citadines held that relying on the same information as available on the date of filing original return of income in filling revised return but making a different claim , in the absence of assessee’s bonafide expenditure would be deemed as furnishing of inaccurate particulars of income making assessee liable to face penalty u/s 271(1)(c).

Loss from Forex Derivative trading upto export turnover is business loss & not speculative loss

July 24, 2015 1345 Views 0 comment Print

In the case of M/s. Majestic Exports vs. JCIT, ITAT Chennai held that the loss in the transactions of the forex derivatives contracts will be considered to be the business loss and the same can be set off against the business income.

TDS Provision on Year end provisions and Roaming charges

July 20, 2015 8927 Views 0 comment Print

ITAT Chennai has held in In the case of Dishnet Wireless Limited vs. DCIT that No liability of TDS will arise if the amount of expense or payee is not ascertainable though year-end provisions are made by the Appellant.

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