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ITAT Chennai

Reassessment unsustainable if full & true material disclosure during original assessment

March 11, 2023 1506 Views 0 comment Print

ITAT Chennai held that both the conditions u/s 147 of the Income Tax Act needs to be satisfied for initiation of re-assessment after four years from the end of the relevant assessment year. Here, as assessee has disclosed fully and truly all the material facts, re-assessment proceedings couldn’t be sustained.

No deduction u/s 10AA if assessee failed to file Tax Audit Report: ITAT

March 8, 2023 3828 Views 0 comment Print

Since assessee did not file the Audit Report in Form No.56F as required under the law, AO had rightly disallowed deduction claimed u/s.10AA.

No addition for duly explained Cash Deposits during Demonetization

March 5, 2023 3630 Views 0 comment Print

R. Raju Vs ITO (ITAT Chennai) The assessee has explained cash deposits made during the demonetization period out of amount received from maturity of fixed deposits in SBI and Canara Bank. The assessee had also furnished necessary evidence before the AO and argued that, he had received a sum of Rs. 10,29,337/-towards maturity of insurance […]

Mere Presence of coconut trees on land not prove carrying out of agricultural operations

March 4, 2023 1458 Views 0 comment Print

ITAT Chennai held that simply because there are coconut trees on the land it doesnot mean that agricultural operations are carried out. Accordingly, deduction claimed under section 54B on sale of the land is disallowed.

Penalty u/s 270A deleted as quantum of addition not finalized

February 28, 2023 2901 Views 0 comment Print

ITAT Chennai held that as the quantum of addition has not attained its finality, the penalty levied under section 270A of the Income Tax Act not imposable.

Benefit u/s 54F not deniable for non-registration of agreement to sale

February 26, 2023 2403 Views 0 comment Print

ITAT Chennai held that benefit under section 54F of the Income Tax Act not deniable for technical lapse like non-registration of agreement to sale.

Royally paid for exclusive right to obtain technical & engineering instruction know how to manufacture is Capital Expenditure

February 25, 2023 492 Views 0 comment Print

Unlocking the essence of capital vs. revenue expenditure through Faurecia Emissions vs. DCIT, ITAT Chennais verdict on royalty payments for technical know-how.

Penalty not leviable if there is reasonable cause for failure to get accounts audited

February 23, 2023 1659 Views 0 comment Print

ITAT delete penalty levied for failure to get accounts audited and for filing tax audit report belatedly, on the grounds that the assessee was prevented by reasonable cause due to its pathetic condition and heavy losses incurred in its business.

Penalty u/s 271D sustainable for contravention of provisions of section 269SS

February 22, 2023 7008 Views 0 comment Print

ITAT Chennai held that amount of Rs. 14 Lakhs received in cash for sale of immovable property is against the provisions of section 269SS of the Income Tax Act. Accordingly penalty under section 271D imposable.

Donations by conversion of loans into donations allowable as deduction u/s 80G

February 21, 2023 1995 Views 0 comment Print

ITAT Chennai held that donations paid by conversion of loans into donations comes under the nature of donations paid in cash and hence entitled for deduction under section 80G of the Income Tax Act.

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