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ITAT Chennai

Revision u/s. 263 for invoking penalty provisions u/s. 270A(9)(e) without intimation u/s. 143(1)(a) untenable

February 8, 2025 126 Views 0 comment Print

ITAT Chennai held that revisionary proceedings under section 263 of the Income Tax Act for invoking penalty provisions u/s. 270A(9)(e) without issue of intimation under section 143(1)(a) of the Income Tax Act is unjustifiable and untenable in law.

ITAT Chennai Dismisses Duplicate Income Tax Appeal Filed by Assessee

January 31, 2025 225 Views 0 comment Print

ITAT Chennai dismisses duplicate appeal filed both online and physically by Buckman Laboratories (India) P. Ltd. in AY 2018-19 tax case.

Deduction u/s. 10A not admissible based on defective Form 56F: ITAT Chennai

January 30, 2025 201 Views 0 comment Print

ITAT Chennai held that Form 56F not signed by an accountant, as referred in section 10A(5) of the Income Tax Act, is defective and hence deduction under section 10A of the Income Tax Act not admissible. Accordingly, appeal of revenue allowed.

ITAT Chennai Remands Appeal Due to Incorrect Delay Calculation

January 30, 2025 192 Views 0 comment Print

ITAT Chennai sets aside CIT(A)’s order in Amuthasurabi Educational Trust case, citing incorrect delay calculation. Case sent for fresh adjudication.

ITAT Chennai Allows Foreign Tax Credit Despite Late submission of Form 67

January 29, 2025 489 Views 0 comment Print

ITAT Chennai rules that filing Form 67 for Foreign Tax Credit is directory, not mandatory, dismissing Revenue’s appeal against relief granted to the assessee.

Trusts can Claim Section 11 Exemption if RoI Filed Within Section 139(4A) Timeframe

January 29, 2025 444 Views 0 comment Print

ITAT Chennai overrules CPC denial of exemption u/s 11 for K M Educational Trust, referencing CBDT Circular on filing ITR belatedly within allowed time.

No revision u/s 263 if AO’s view on the issue was a plausible view

January 28, 2025 255 Views 0 comment Print

AO had raised queries on two issues i.e. (i) assessee claimed only 15% depreciation on the Higher Efficiency Boilers (being energy saving device), when it was eligible for depreciation allowance of 80% on the Written Down Value (WDV).

Section 69 Addition based on loose sheets without corroborative evidence not sustainable

January 27, 2025 258 Views 0 comment Print

ITAT Chennai held that addition under section 69 towards unexplained investment merely based on loose sheets without any corroborative evidences is unsustainable in law. Also held that addition on the basis of mere assumption and presumption not sustainable.

TDS not deductible on commission paid to foreign agents as no PE in India

January 27, 2025 312 Views 0 comment Print

ITAT Chennai held that payments are in the nature of selling commission to foreign agents who is not having permanent establishment or business connection in India is not taxable in India and accordingly, TDS u/s. 195 not deductible.

Loan Creditworthiness in Question: ITAT Remands ₹36.5 Lakh addition Case

January 27, 2025 345 Views 0 comment Print

ITAT Chennai remands ₹36.5 lakh unexplained loans case for reconsideration after assessee fails to provide sufficient evidence of creditors’ financial capacity.

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