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ITAT Chennai

Applicability of TDS provision u/s 195 to cost sharing agreement needs re-examination

January 5, 2023 1137 Views 0 comment Print

ITAT Chennai held that before concluding with regard to applicability of provisions of section 195 of the Income Tax Act, all necessary and relevant documents like cost sharing agreement/ auditor’s report/ other evidences need to be examined thoroughly. Accordingly, matter set aside with direction to AO to re-examine the claim.

Evidences needed to prove activity of running tuition centres undertaken for charitable purpose

January 5, 2023 801 Views 0 comment Print

ITAT Mumbai held that activity of running tuition centres can be considered as undertaken for charitable purpose under relief of the poor only if the same is proved with necessary evidence.

Fees for training to Employees on soft skill & general topics cannot be treated as FTS

January 5, 2023 3606 Views 0 comment Print

ITAT held that payment of Fees for training to Employees on soft skill & general topics cannot be treated as Fees for Technical Services (FTS)

Disallowance u/s 40A(3) sustainable as cash payment exceeds INR 20,000 to single party in single day

January 4, 2023 2805 Views 0 comment Print

ITAT Chennai held that disallowance u/s 40A(3) of the Income Tax Act sustainable as aggregate of the payments made to a single party otherwise by an account payee cheque drawn on a bank or account payee bank draft exceeds Rs.20,000/-in a day.

Cash deposited out of FD maturity proceeds of father cannot be treated as unexplained

January 3, 2023 1344 Views 0 comment Print

M. Vijayakumar Vs ITO (ITAT Chennai) We noted that the CIT(A) has not doubted the source of maturity of assessee’s father FDs of Rs.8 lakhs which was withdrawn on 01.11.2016. Admittedly, the assessee made deposit on 10.11.2016 in cash, this amount of Rs.8 lakhs. The only dispute is confirmation, which now the assessee confirmed by […]

Royalty payment to holding company for using brand name is revenue expenditure

January 2, 2023 2952 Views 0 comment Print

ITAT Chennai held that amount of royalty payment to holding company for using brand name is allowable as revenue expenditure.

Condonation of delay not granted alleging that non-filing of appeal was advised by CA

January 2, 2023 1875 Views 0 comment Print

ITAT Chennai held that there is no material on record that assessee has sought for advice of CA. Affidavit filed by the C.A. stating that assessee was advised not to file an appeal is nothing but an afterthought Accordingly condonation of delay not granted.

Gain on Sale of Land received in lieu of Business Loan is Business Income

January 2, 2023 411 Views 0 comment Print

The assignment of debt in favor of another entity partly in exchange of land was integral part of the business activities of the assessee and any gain / loss arising on such an asset should be viewed as business profits only.

ITAT upheld partial relief allowed by CIT(A) in respect of unexplained jewellery

January 2, 2023 528 Views 0 comment Print

Lakshmanan Indirani Vs ACIT (ITAT Chennai) The assessee was subjected to search action u/s 132 on 08-9-2015. During search operations, the jewellery belonging to the assessee and her family members was found. The jewellery weighed 3574.590 Grams which was valued at Rs.85.78 Lacs. In statement u/s 132(4), the assessee submitted that the jewellery belonged to […]

Mere impression that Auditor will file appeal is not a Sufficient Cause to condone delay in appeal filing

January 1, 2023 204 Views 0 comment Print

Devaraj Construction Vs ITO (ITAT Chennai) In this case the reason for the delay in filing the appeal was that Shri S. Muthiah, F.C.A. died on 02.03.2015 and because of that there is no coordination between the assessee and the C.A. firm. The appellate order passed by the ld. CIT(A) dated 28.12.2017. The assessee knows […]

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