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ITAT Chennai

Higher depreciation @60% allowable to UPS and printers

December 23, 2022 1119 Views 0 comment Print

ITAT Chennai held that UPS and Printers being part of a computer systems and hence eligible for higher depreciation at the rate 60%

Exemption u/s 2(14) not deniable reasoning that land was sold to company not carrying agricultural operation

December 22, 2022 1296 Views 0 comment Print

ITAT Chennai held that test applied by AO that land was sold to a company which was not carrying agricultural operations is not justifiable for denying exemption to sale of agricultural land u/s 2(14) of the Income Tax Act.

Interest Paid on Belated Service Tax Payments is Allowable under section 37(1)

December 19, 2022 1560 Views 0 comment Print

ITAT held that the interest paid on belated payments of service tax is allowable for deduction under Section 37(1) of the Income Tax Act, 1961

Jewellery holding up to permissible limits prescribed in CBDT circular is allowable

December 17, 2022 1848 Views 0 comment Print

ITAT Chennai held that addition as unexplained investment for quantity of jewellery within the permissible limits as per CBDT instruction no. 1916 dated 11.05.1994 is unsustainable.

Disallowance u/s 40A(3) for non-production of bills- ITAT restricts Addition at 10% of such Purchases

December 13, 2022 1566 Views 0 comment Print

Velankanni Constructions Vs ACIT (ITAT Chennai) The assessee being resident firm is stated to be engaged in civil construction. The assessee could not produce bills or voucher for blue metal jelly purchase, brick purchase and sand purchase. The reasons adduced were that the assessee undertook work at remote places and was dependent on local supplies. […]

Date of allotment is to be considered for computing period of holding

December 12, 2022 3420 Views 0 comment Print

ITAT Chennai held that for the purpose of computing period of holding, date of allotment should be considered, but not the final sale deed executed for conveying the title and interest in the property.

Capital gain not assessable on land being an agricultural land

December 12, 2022 3465 Views 0 comment Print

DCIT Vs K. Dhandapani and Co. Ltd. (ITAT Chennai) ITAT Chennai held that assessee rightly proved that the land sold is agricultural land and agricultural activity was carried out on the same. Hence, the agricultural land is not assessable to capital gains. Facts- The only issue in this appeal of Revenue is as regards to […]

Disallowance of expense u/s 40(a)(ia) untenable when TDS deducted at lower rates

December 12, 2022 1722 Views 0 comment Print

ITAT Chennai held that if TDS is deducted by applying wrong provisions or at lower rates, the sum paid cannot be disallowed attracting provisions of section 40(a)(ia) of the Income Tax Act.

Interest on loan cannot be treated as unexplained

December 12, 2022 999 Views 0 comment Print

Sathyanarayanan Radhika Vs ACIT (ITAT Chennai) ITAT noted that the loan amount of Rs. 1.25 Crores was taken in previous year from Shri R. Sathyanarayanan and the balance amount of Rs. 17,00,690/- was interest on the loan amount and this cannot be treated as unexplained and moreover, there is no failure of the provisions of […]

TDS credit available in year in which corresponding income is offered to tax

December 9, 2022 13683 Views 0 comment Print

ITAT Chennai held that TDS credit of the earlier financial years is available as income relating to said TDS has been offered to tax for the impugned assessment years on the basis of mercantile system of accounting.

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