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ITAT Chennai

Appeal Filing delay cannot be condoned if Cause not supported by evidence

May 3, 2023 1074 Views 0 comment Print

Assessee has made a vague claim of medical reasons without any supporting evidences to justify his stand that he was suffering from ill-health and Doctors advised him to take rest.

Interest on deposits cannot be treated as business Income for Section 44AD

May 3, 2023 2997 Views 0 comment Print

Assessee cannot include interest received on deposits as business receipts and estimate net profit under section 44AD on such interest income

Non-deduction of TDS/ reversal of TDS on interest payment based on Form 15G/15H justified

April 29, 2023 7167 Views 0 comment Print

ITAT Chennai held that non-deduction of TDS and reversal of TDS deduction on interest payment on the basis of declaration in Form No. 15G/ 15H is justifiable.

Reassessment beyond four years is invalid if no failure to disclosure by Assessee during original assessment

April 28, 2023 1140 Views 0 comment Print

S. Ramamirtham Vs ITO (ITAT Chennai) It is an admitted fact that the original assessment has been completed u/s. 143(3) of the Act on 20.03.2014. It is also an admitted fact that notice u/s. 148 of the Act dated 13.09.2017 is beyond four years from the end of the relevant assessment year. Thus, proviso to […]

Before 01.04.2021 Section 12AA registration once granted is valid till withdrawn by a specific order

April 28, 2023 801 Views 0 comment Print

Dolphin Educational Foundation Vs Income Tax Officer (ITAT Chennai) As per provisions of section 12AA of the Act, once a trust is registered u/s. 12AA, it is permanent unless it was withdrawn by a specific order from the authority. However, the law has been amended by the Finance Act, 2020 w.e.f. 01.04.2021 and as per […]

Appeal Filed by revenue after IBC Moratorium Period is not Maintainable

April 28, 2023 948 Views 0 comment Print

NCLT ordered liquidation of respondent company under IBC and claim of Department been rejected. So appeal filed by Revenue after moratorium period is not maintainable

Addition of unexplained investment u/s 69B unsustainable as source for excess stock plausibly explained

April 27, 2023 1737 Views 0 comment Print

ITAT Chennai held that when assessee has explained the source for excess stock found during the course of survey, then, income offered towards excess stock cannot be treated as unexplained investment u/s. 69B of the Act.

ITAT condoned delay due to Dire Financial Stress & Difficulties – Remanded matter back to CIT(A)

April 23, 2023 432 Views 0 comment Print

ITAT Chennai rules in favor of First STP Pvt. Ltd., restoring matters to CIT(A) and AO for fresh adjudication due to missed opportunities and severe stress.

Deduction u/s 80IA allowable as form 10CCB was filed before final assessment order

April 22, 2023 3198 Views 0 comment Print

ITAT Chennai held that even though certificate in Form no. 10CCB was not filed along with return of income, but same was filed before the final order of assessment was made, hence the assessee was entitled to claim deduction u/s. 80IA of the Act.

Section 270A penalty cannot be levied if disallowance made on estimated basis

April 20, 2023 12276 Views 0 comment Print

Pallava Textiles Private Limited Vs ITO (ITAT  Chennai) In this case, the Assessing Officer has initiated penalty proceedings under section 270A of the Act for under-reported income. The Assessing Officer issued show-cause notice under section 274 r.w.s. 270A of the Act calling explanations from the assessee as to why penalty cannot be levied for under-reporting […]

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