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ITAT Chennai

Expense on routine replacement of spare parts is Revenue Expenditure

October 5, 2022 1152 Views 0 comment Print

Explore Angalakshmi Spinning Mill vs ITO ITAT Chennai case. ITAT allows spare parts replacement as revenue expenditure. Full text of ITAT Chennai order.

Section 54F Exemption allowable if Property is of Commercial Nature

October 3, 2022 15075 Views 0 comment Print

In case, Assessing Officer finds that if property is accounted in books of firm M/s. S.P. Hospital as a commercial property and the property is used for the purpose of hospital, then the Assessing Officer is directed to allow deduction under section 54F of the Act.

Conversion of proprietary concern into a Pvt. Ltd. Company – No Capital Gains on Transfer of Goodwill acquired by incurring cost

September 7, 2022 1770 Views 0 comment Print

ITAT held that even if you invoke provisions of Sec.47A(3) of the Act, to withdraw exemption granted u/s.47(xiv)(b) of the Act, but, in principle there cannot be any capital gains on transfer of goodwill, because, said goodwill is not self-generated or created on account of conversion of proprietary concern into a Pvt. Ltd. Co., but acquired by incurring cost.

No section 54F deduction on Residential apartments used for commercial purpose

August 29, 2022 1959 Views 0 comment Print

D. Ravikumar Vs ACIT (ITAT Chennai) Held that two apartments owned for residential purpose are being used for commercial purposes as service apartments and hence needs to be excluded for the purpose of deduction u/s 54F. Facts- During financial year relevant to AY 2007-08, the assessee has sold property for consideration of Rs. 40 lakhs […]

Addition for money received from customers in old Notes – ITAT directs Assessee to furnish full details

August 28, 2022 1557 Views 0 comment Print

Shri Palanisamy Chinnasamy Vs ITO (ITAT Chennai) In this case, The assessment was completed under section 144 r.w.s. 144(1)(b) of the Act by making addition of ₹.5,34,000/- under section 69A of the Act on the ground that the money received from the customers on various dates in old notes cannot be accepted a genuine as […]

Section 40A(3) disallowance sustainable for Cash Purchase Exceeding Prescribed Limit

August 26, 2022 1035 Views 0 comment Print

Ashwin Barai Vs ITO (ITAT Chennai) We find that there is no dispute with regard to applicability of section 40A(3) of the Act, when cash payments made for any expenses in excess of prescribed limit, however, in each and every case provisions of section 40A(3) cannot be applied, because, real nature of transactions need to […]

Amount paid by Property Purchaser to Tenant can’t be taxed as gain of owner of capital asset

August 20, 2022 2412 Views 0 comment Print

Amount paid by the buyer to the tenant for the vacation of tenancy should not be taxed in the hands of the owner of the capital asset.

Addition of notional rental income unsustainable when property let out earlier was vacant whole year

August 20, 2022 3237 Views 0 comment Print

Held that provisions of section 23(1)(c) are applicable when the property was let out for two or more years, however, was vacant for the whole previous year. Accordingly, income tax on rental income on a notional base doesn’t apply.

Section 2(22)(e) addition not justified for business expenses of company 

August 18, 2022 1257 Views 1 comment Print

It is an admitted position that the alleged expenses incurred by the Assessee were business expenses of the company and therefore no personal benefit accrues to the Assessee as alleged by the authorities below. Hence, this Section 2(22)(e) of Income Tax Act, 1961 cannot be invoked by alleging that Assessee had benefitted.

No addition if no change in Stock Valuation method despite valuation at average cost

August 18, 2022 633 Views 0 comment Print

ACIT Vs Smt. Shobhakaver Surana (ITAT Chennai) It could very well be seen that the assessee is a trading concern. It has maintained category-wise stock details which has been valued at average cost. The assessee is subjected to Tax Audit which contain quantitative details and well valuation of stock under each category. There is no evidence […]

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