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ITAT Chennai

Delay to due to Relying on Auditor for Return Filing Justifies Section 273B Penalty Deletion

October 10, 2023 414 Views 0 comment Print

Learn why ITAT Chennai deleted the penalty in the case of S. A. Poultry Farms vs. ITO for failure to upload the income tax return electronically. Detailed analysis provided.

Partial interest cannot be considered as full ownership to deny Section 54F exemption 

October 9, 2023 3645 Views 0 comment Print

Explore case of V.R. Usha Vs ITO, where Section 54F exemption was denied despite partial property ownership, and how it sets a precedent for similar cases.

Mechanical issuance of notice u/s 148 of the Income Tax Act is unsustainable

October 7, 2023 1287 Views 0 comment Print

ITAT Chennai held that notice u/s 148 of the Income Tax Act being issued mechanically by AO without going through the original assessment records and without verification of documents on records is unsustainable in law.

Nature and source of credit being linked to business it cannot be assessed under deeming section 68

October 5, 2023 966 Views 0 comment Print

ITAT Chennai held that once the nature and source of credit found in the books of accounts is linked to business, then any income generated out of such business activity is assessable under the head income from business and profession alone, but not under the provisions of section 68 of the Income Tax Act.

Disallowance restricted to 0.5% of guarantee value in corporate guarantee to AE

October 4, 2023 1512 Views 0 comment Print

ITAT Chennai held that the corporate guarantee to Associated Enterprise (AE) is an international transaction and it has to be assessed at 0.5% of the corporate commission. Hence, directed AO to restrict the disallowance at 0.5% of the guarantee value.

Services by non-resident agent for completion of export commitment doesn’t fall under Fee for Technical Services

October 2, 2023 363 Views 0 comment Print

ITAT Chennai held that the services rendered by non-resident agent for completion of export commitment would not fall under the definition for fee for technical services. Hence, disallowance alleging non-deduction of TDS unjustified.

Provision of section 115BBE doesn’t apply as source of cash deposit explained

September 27, 2023 1389 Views 0 comment Print

ITAT Chennai held that provisions of section 115BBE not invocable in case of addition u/s. 69A towards unexplained money as assessee is having only one source of income from business and claims that source for cash deposits is out of sales of the year.

ITAT Directs AO to Accept 50% Demonetized Currency as Sale Proceeds

September 24, 2023 2010 Views 0 comment Print

ITAT Chennai directs AO to accept 50% of cash deposits as sale proceeds and balance as unexplained money in J. Kalappa Naidu Sons’ case vs. ITO.

Addition u/s 69A unjustified as evidences explaining nature & source of cash deposits filed

September 23, 2023 4539 Views 0 comment Print

ITAT Chennai held that addition towards unexplained money u/s 69A of the Income Tax Act unjustified as assessee has filed necessary evidence to explain nature and source for cash deposits.

Income from listed shares & securities treated as stock-in-trade taxable as business income

September 22, 2023 1260 Views 0 comment Print

ITAT Chennai held that income from listed shares and securities which had been treated as stock in trade by assessee is taxable under the head income from business and profession and not under the head capital gain.

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