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ITAT Chennai

PCIT cannot substitute his view with view of AO & direct AO to make assessment in a particular manner

November 24, 2022 936 Views 0 comment Print

Komara Gounder Chinnusamy Vs ITO (ITAT Chennai) The PCIT has revised assessment order passed by the AO u/s.143(3) r.w.s.147 of the Act, on the issue of trade discount received by the assessee from M/s. SKM Animal Feeds and Foods (India) Pvt. Ltd., amounting to Rs.23,16,261/-. According to the PCIT, although, the assessee has received trade […]

No addition for cash deposit post demonetization merely on presumptions

November 24, 2022 1095 Views 0 comment Print

Kaliannan Ganesan Vs ITO (ITAT Chennai) It transpired that the assessee made cash deposits of Rs.13.30 Lacs post demonetization as tabulated assessment order. Accordingly, the assessee was directed to substantiate the source of the same. The assessee is stated to be engaged in poultry farm business and trading of eggs. AO held that there was […]

VAT payment doesn’t attract provisions of section 40(a)(iib) of the Income Tax Act

November 23, 2022 2127 Views 0 comment Print

ITAT Chennai held that the VAT payment would not attract the provisions of section 40(a)(iib) of the Income Tax Act and hence, is allowable u/s.37 read with section 43B of the Act

Unrealized sale proceeds should be excluded from export and total turnover

November 23, 2022 894 Views 0 comment Print

ITAT Chennai held that deduction under section 10A of the Income Tax Act should be computed after excluding unrealized sale proceeds from export turnover as well as total turnover.

No deemed letting value Addition for vacant sites if no income was derived

November 22, 2022 438 Views 0 comment Print

Selvaraj Shanthamani Vs ITO (ITAT Chennai) Assessee is aggrieved by confirmation of certain additions of Rs.13.51 Lacs which represent deemed letting value of four properties owned by the assessee. Village Administrative Officer has certified that these properties are vacant sites. The said certificates were furnished by the assessee during e-proceedings also. The assessee, vide submissions […]

In absence of proof for cash deposit from rental income, Section 69A addition justified

November 22, 2022 1887 Views 0 comment Print

In absence of details regarding rental receipt from property, explanation of assessee is that cash deposits into bank account is out of rental income, cannot be accepted

ITAT allows recognition of Retention Money as revenue in year of receipt

November 21, 2022 1413 Views 0 comment Print

DCIT Vs Enexio Power Cooling Solutions India Pvt. Ltd. (ITAT Chennai) It could be seen that the nature of assessee’s work is such that a part of the contract amount is retained by the customers and the same is released on satisfactory performance of the project. Therefore, the assessee, following consistent method of accounting, defer […]

Gratuity cannot be disallowed merely for inconsistent entries in explanation of section 143(1)(a)

November 21, 2022 2250 Views 0 comment Print

Deduction of gratuity is available in substantive law and it cannot be disallowed merely by reference of inconsistent entries in explanation of s. 143(1)(a) of Income Tax Act being a procedural provisions, it shall not take away right confirmed in s. 37 r/w s. 40A(7) and s. 36(1)(v).

Addition of unexplained income unsustainable as source of money and identity of creditors explained

November 21, 2022 765 Views 0 comment Print

ITAT Chennai held that addition of unexplained income unsustainable as source of money including identity of the creditors is duly explained by the assessee and further the amount has been transferred through proper banking channel only.

Appeal shall be revived once appellant violates any of the condition under DTVSVS Act, 2020

November 21, 2022 759 Views 0 comment Print

ITAT Chennai held that it is fact that under Direct Tax Vivad Se Vishwas Act 2020 declarant cannot challenge sum payable before any appellate forum however once the declarant violates condition of DTVSVS Act 2020 the same can be revived by the Department.

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