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ITAT Chennai

Deduction u/s 80IA available as cost of imported power is charged before computing eligible deduction

May 16, 2023 417 Views 0 comment Print

ITAT Chennai held that disallowance of deduction u/s 80IA of the Income Tax Act unsustainable as cost of power imported is charged before computing income eligible for deduction u/s 80IA.

Addition u/s 69 sustained as no evidence produced to prove source of cash deposit

May 13, 2023 1647 Views 0 comment Print

ITAT Chennai held that addition under section 69 of the Income Tax Act sustained as no corroborative evidence produced to prove the source for the cash deposits during demonetization period.

Penalty order cannot be dismissed for settlement of Quantum addition under VSVS

May 13, 2023 1152 Views 0 comment Print

Penalty was levied under section 271 B of the Act on the ground that tax audit report under section 44AB of the Act was not filed by the assessee before filing of return of income and no explanation was given.

Source of cash deposit not satisfactorily explained hence addition u/s 69 sustained

May 12, 2023 13281 Views 0 comment Print

ITAT Chennai held that addition u/s 69 towards unexplained money sustained on failure to explain the source of the cash deposits with necessary evidences.

Subsequent use of land by purchaser not relevant to decide nature of land when it was sold

May 12, 2023 1821 Views 0 comment Print

mere non-disclosure of agricultural income in the return of income does not change the characteristics of land. Subsequent use of land by the purchaser has no connection to decide the nature of land, whether it is an agricultural land.

Cost of improvement allowed for purchase of AC, curtains, light fittings while computing capital gains

May 10, 2023 5094 Views 0 comment Print

ITAT Chennai held that deduction towards purchase of air conditioner, furnishing of curtains, light fittings is allowable as cost of improvement while computing capital gains.

Invocation of section 263 justified if AO failed to enquire about non-deduction of TDS on CFS charges

May 10, 2023 429 Views 0 comment Print

SDS Cargo Solutions Pvt Ltd Vs ITO (ITAT Chennai) PCIT had given a categorical finding that the AO has not carried out any enquiries on the issue of CFS charges paid to Continental Warehousing Corporation in light of relevant provisions of the Act which render the assessment order to be erroneous and prejudicial to the […]

Disallowance invoking section 40A(2)(b) unsustainable as hire charges paid not proved as unreasonable and excessive

May 9, 2023 4725 Views 0 comment Print

ITAT Chennai held that for invoking provisions of section 40A(2)(b), AO has to bring on record some comparable cases of similar nature to allege that hire charges paid by the assessee is unreasonable and excessive, when compared to market rates. In absence of the same, addition is unsustainable.

ITAT deletes section 271F penalty as delay was due to death of CA

May 8, 2023 6378 Views 0 comment Print

Nagarathinam Rajendran Vs ITO (ITAT Chennai) Since the assessee could not file his return of income under section 139(1) of the Act, the Assessing Officer issued notice under section 274 r.w.s. 271 F of the Act. There was no response from the assessee against the penalty notice. Since, the assessee failed to file his return […]

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

May 3, 2023 1188 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.

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