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ITAT Chennai

ITAT Disallows Tax Exemption for Trust’s Commercial Activities

July 29, 2023 4077 Views 0 comment Print

Learn about the ITAT Chennai verdict in Palaniappa Charitable Vs ITO where income from commercial activities carried out by the trust was not considered exempted from income tax.

Rejection of special audit report of special auditor on flimsy ground is incorrect

July 27, 2023 1560 Views 0 comment Print

ITAT Chennai held that rejection of special audit report of the special auditor appointed in terms of section 142(2A) of the Income Tax Act on flimsy grounds without any finding as to how observation of the special auditor is incorrect.

Unexplained Cash Deposit Post-Demonetization Invokes Section 69A

July 26, 2023 4326 Views 0 comment Print

ITAT Chennai held that addition towards unexplained money under section 69A of the Income Tax Act sustained as cash deposited during demonetization period cannot be said to be cash gifts received during occasion of marriage in December 2015.

ITAT Bound by Jurisdictional HC Precedent on Inherited Property Indexation Base Year

July 26, 2023 609 Views 0 comment Print

ITAT Chennai dismisses the revenue’s appeal in Easwari Sukanya Krishnan Vs. ITO, upholding the indexation benefit as per the jurisdictional High Court’s binding judicial precedent.

Section 43B: Custom duty allowable in the year of payment

July 21, 2023 1563 Views 0 comment Print

The tribunal observed that the liability to pay the Customs Duty had crystallized during the relevant year, as the company could not fulfill its export obligation. Therefore, the deduction of the Customs Duty was allowable in the same year. The ITAT Chennai cited Section 43B of the Income Tax Act, which allows deductions for statutory dues in the year of payment, irrespective of the accounting method followed by the assessee.

CIT(A) Order based on fresh evidence without opportunity to AO is unsustainable

July 21, 2023 321 Views 0 comment Print

ITAT Chennai held that CIT(A) deleted disallowance of interest made u/s 36(1)(iii) based on the fresh evidences furnished by the assessee. However, CIT(A) failed to afford an opportunity to AO to verify the fresh evidence which is in violation of Rule 46A and hence order remanded back to AO to verify the evidences.

Delay in filing of tax audit report due to technical breach without mala fide intention doesn’t attract 271B penalty

July 21, 2023 2106 Views 0 comment Print

ITAT Chennai held that delay in filing of tax audit report due to dispute between the directors of the assessee company is just a technical breach without any malafide intention. Hence, penalty u/s 271B not leviable.

Penalty u/s 271B not leviable for venial technical breach without mala fide intention

July 21, 2023 870 Views 0 comment Print

ITAT Chennai held that penalty under section 271B of the Income Tax Act cannot be levied for venial technical breach without any mala fide intention of the assessee as tax audit report submitted before completion of assessment proceedings.

ITAT Chennai: Payments to Fertilizer Dealers Classified as Rebates, Exempt from TDS

July 21, 2023 540 Views 0 comment Print

Greenstar Fertilizers Limited wins case against ACIT in ITAT Chennai, clarifying that payments made to dealers for sales of fertilizers are rebates, not subject to TDS.

Reassessment Proceedings Invalid Without New Tangible Material

July 20, 2023 792 Views 0 comment Print

Explore the ITAT Chennai ruling in the V.K. Sasikala vs DCIT case, where the importance of tangible new material in reassessment proceedings has been underscored. Learn how the tribunal’s decision impacts the treatment of reassessment cases in Indian Tax Law.

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