ITAT Chennai held that salary income for services rendered in China is not taxable in India. Accordingly, benefit of exemption under Article 15(1) of the DTAA between India-China. Thus, order set aside and appeal allowed.
The addition of Rs.0.58 Crores as made for cash deposit in the account of IJF with respect to Maheshwari Brothers Coal also stand deleted on same logic. The corresponding grounds of appeal stand allowed.
ITAT Chennai remands Wavoo Real Estate’s tax appeals to AO for fresh adjudication, citing ex-parte assessment and new evidence, with a condition of payment to Legal Aid.
ITAT Chennai holds reassessment notice under Section 148 for AY 2013–14 as time-barred, relying on Supreme Court’s ruling in Rajeev Bansal and other precedents.
Chennai ITAT ruled a time gap between cash withdrawals and deposits doesn’t justify income addition under Section 69. Assessee proved source from prior withdrawals, overturning unexplained income assessment.
ITAT Chennai remanded a VRS compensation deduction case to verify prior disallowance and upheld the deletion of deemed dividend addition, following Supreme Court precedent.
ITAT Chennai has set aside an ex-parte tax order for Benit & Co. – Electronics Pvt. Ltd., citing notices sent to a spam folder. The case is remanded for a fresh hearing, upholding natural justice.
ITAT Chennai remands Murugan Doraisamy’s case, allowing re-evaluation of Section 54F deduction despite a delay in Capital Gains Account deposit.
ITAT Chennai held that reopening of assessment u/s. 148 of the Income Tax Act on mere change of opinion without satisfying necessary ingredients for initiating reassessment is invalid and liable to be quashed. Accordingly, reassessment set aside.
ITAT Chennai held that passing of rectification order under section 154 of the Income Tax Act held to be not sustainable since reasonable opportunity of being heard was not granted specifically when rectification resulted into enhancement of an assessment.
