ITAT Chennai held that unrealizable assets of a company under insolvency could not be included while computing fair market value under Rule 11UA. The Tribunal directed recomputation using the NCLT auction price instead of the artificial valuation adopted by the AO.
The Tribunal held that AMP expenditure incurred in India without any agreement or arrangement with the foreign AE cannot be treated as an international transaction. It also directed the AO to allow set-off of brought-forward business losses and unabsorbed depreciation in accordance with law.
ITAT Chennai held that Assessing Officer should have allowed 200% weighted deduction on DSIR-certified capital expenditure under section 35(2AB). It also directed verification of uncertified scientific research expenditure for deduction under section 35(1)(iv).
ITAT Chennai held that revision under Section 263 could not survive on the issue of prior period expenditure after the Assessing Officer verified and accepted the claim in the consequential assessment. The revision was sustained only on the remaining issues.
ITAT held that Accounting Standard-19 governs accounting treatment but does not determine tax treatment under the Income-tax Act. It ruled that depreciation belongs to the legal owner while lease rentals remain deductible for the lessee.
ITAT Chennai held that the reassessment notice issued on 02.04.2022 for AY 2015-16 was barred by limitation under Section 149, following the Supreme Court’s decisions. The reassessment proceedings were quashed without examining the merits of the additions.
The ITAT held that penalties under Sections 271D and 271E could not be sustained because the Assessing Officer failed to record satisfaction regarding violations of Sections 269SS and 269T in the assessment order. The Revenue’s appeals were dismissed.
The Tribunal held that a reassessment order making no new additions does not merge with the original assessment so as to permit challenge to issues accepted earlier. The original disallowance remained unaffected.
ITAT Chennai held that loose sheets and estimates alone cannot justify an addition under Section 69B without independent corroborative evidence. The Tribunal deleted the addition after finding no proof of investment outside the books of account.
ITAT Chennai held that Compulsorily Convertible Debentures retain the character of debt until conversion into equity. It ruled that interest on CCDs is deductible and that the TPO could not recharacterise them as equity.
