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ITAT Chennai

Fee levied u/s 234E while processing TDS statement is beyond scope of adjustment provided u/s 200A

July 10, 2015 20637 Views 0 comment Print

G. Indhirani Vs. DCIT (ITAT Chennai) The only issue arises for consideration is with regard to levy of fee under Section 234E of the Income-tax Act, 1961 while processing the statement furnished by the assessees under Section 200A of the Act which was held as unsustainable

Income from assignment of film rights received in one shot taxable in the year of receipt if not refundable

July 8, 2015 1411 Views 0 comment Print

The ITAT Chennai in the case of M/s AVM Films Studios held that entire lease rental received in first year of assignment of film rights with a condition that the same is not refundable in any circumstances is taxable in that year itself and cannot be spread over the period of lease.

Section 148 could not be invoked in absence of any Tangible Material

May 28, 2015 2006 Views 0 comment Print

ITAT Chennai held in the case of DCIT vs M/s. Sri Balasubramania Mills Ltd. that the section 148 could only be invoked whenever there is a failure on the side of Assessee to furnish all the necessary details. But, in this case the details were furnished as relevant sale deed was available with the AO

Exemption cannot be denied merely for claim under wrong section

May 15, 2015 4677 Views 0 comment Print

Annam Software Pvt. Ltd. vs. CIT (ITAT Chennai) Assesse, an EOU, filed its return claiming exemption u/s 10 B. A.O. rejected assesse’s claim. In appellate proceedings , assesse raised a plea that in relevant year it had claimed deduction u/s 10 A

Payment towards data storage charges to a non-resident is not royalty or fee for technical services

January 30, 2015 13654 Views 0 comment Print

The ITAT Chennai in the case of Vishwak Solutions Pvt. Ltd. held that the payments made to US based entity towards securing server space in US is not in the nature of fee for technical services or royalty within the meaning of Article 12 of India – US DTAA.

Section 54/54F exemption cannot be denied if amount been invested within time allowed u/s 139(4)

November 10, 2014 1236 Views 0 comment Print

ITAT Chennai rules on exemption u/s.54/54F for residential property purchase; ‘due date’ clarified as extended under Section 139(4) of the Income Tax Act.

No TDS on Reimbursement of Leased Line Expense to Parent Company

September 2, 2014 1008 Views 0 comment Print

ITAT Chennai ruling on reimbursement of communication expenses to foreign company and managing sales affairs outside India by International Flavours & Fragrances.

No disallowance U/s 14A if there is no exempt income

July 31, 2014 3835 Views 0 comment Print

Counsel for the assessee submits that assessee has not received any exempt income and in the absence of the assessee receiving any exempt income, there is no justification in deriving expenses attributable for earning income which is not received by the assessee.

TDS not deductible on payment to non-resident translator

July 30, 2014 8891 Views 0 comment Print

The Assessing Officer has made disallowance of Rs. 2.63 Crores under Section 40(a)(i) on account of non-deduction of tax at source on the payments made to non­resident translators. The authorities below have held translation services to be technical in nature.

For exemption u/s. 54F approval of building plan is not necessary

March 12, 2014 6020 Views 0 comment Print

The Hon’ble Chennai ITAT has in the case of B.Sivasubramanian,v/s ITO has held that there is no condition in the provisions of SEC 54F of the I.T Act,1961 that warrants that the building plan of the residential house constructed should be approved by the Municipal Corporation or any other competent authority.

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