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ITAT Chennai

Maintenance charges from letting out services taxable as income from other sources

November 6, 2022 705 Views 0 comment Print

Once the maintenance charges were attributable to the letting out services provided, same derived from providing services was to be considered under the head income from other sources  and not income from house property

ITAT deletes penalty for delay in submission of Tax Audit as Assessee was unwell & his Accountant left without prior notice

November 6, 2022 741 Views 0 comment Print

Saravana Foundation Vs ITO (ITAT Chennai) Against levy of penalty under section 271B of the Act, the assessee has submitted the reasons for the delay in filing the audit report before the ld. CIT(A) that the accounts audited under section 44AB of the Act belatedly as the assessee was not keeping good health and the […]

649 days Delay due to Professional Commitments of Auditor cannot be condoned

November 6, 2022 432 Views 0 comment Print

Delay cannot be condoned as Assessee could not file any evidences as to how Assessee’s Counsel was preoccupied in his professional commitments for 649 days.

Section 143(1) adjustment unsustainable – Rental Income treated as Business Income

November 6, 2022 1458 Views 0 comment Print

The Ld. AR has also submitted that the case for this year was picked up for scrutiny wherein the rental income has been assessed by AO as ‘business income’.

No addition for undisclosed income if no incriminating material found during search

November 6, 2022 984 Views 0 comment Print

ITAT Chennai held that undisclosed income allegation unsustainable as during search no incriminating material was found in respect of on-money receipt and AO also failed to establish the receipt of the same.

Interest on Loans utilized for Business allowable as Business Expenditure

November 4, 2022 318 Views 0 comment Print

Loans obtained by assessee were utilized for its business purposes and therefore, interest so paid would constitute business expenditure and accordingly, an allowable deduction.

Section 56(2)(vii) doesn’t apply to property received under will/ inheritance

November 3, 2022 2733 Views 0 comment Print

ITAT Chennai held that provisions of section 56(2)(vii) of the Income Tax Act doesnt apply when the property received under a will or by way of inheritance

Salary income earned by NRI for work performed abroad not taxable in India

November 3, 2022 3105 Views 0 comment Print

Kanagaraj Shanmugam Vs ITO (ITAT Chennai) From the fact it emerges that the assessee has stayed in India for 63 days during this year and his status, as per law, is non-resident. The assessee has worked in India for 21 days and offered proportionate salary to that extent to tax. For remaining period, the work […]

Company can claim depreciation of cars registered in director’s name but used for business purpose

October 31, 2022 19146 Views 0 comment Print

ITAT Chennai held that claim of depreciation and other related expenses is allowed to the company as the cars, registered in the name of directors, are used for the purpose of business.

ITAT deletes penalty on excess depreciation claimed due to Mistakes at CA Office

October 28, 2022 1407 Views 0 comment Print

M. Prabaharan Vs ITO (ITAT Chennai) Before us, the Chartered Accountant Shri Jeevarathinam categorically admitted in writing that the duplication of assets has happened while calculating the depreciation as per Income Tax Act while computing the tax computation sheet by his staff. He admitted that while doing so, the staff has wrongly computed the deprecation value […]

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