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ITAT Chennai

Addition towards undisclosed income sustained as claiming gift from husband is afterthought

December 5, 2022 2481 Views 0 comment Print

ITAT Chennai held that assessee already admitted the fact of not disclosing four properties in the books of accounts and thereafter couldn’t explain the source of the purchase of four properties. Claiming that the same is gift from her husband is just an afterthought. Accordingly, additions sustainable.

Wastage charges doesn’t involve any payment and hence TDS u/s 194C not deductible

December 2, 2022 2859 Views 0 comment Print

ITAT Chennai held that in case of wastage charges there is no payment and once there is no payment there is no question of deduction of TDS under section 194C of the Income Tax Act.

Depreciation allowed on foreign exchange fluctuation loss on loan for purchase of windmill 

December 1, 2022 1347 Views 0 comment Print

Super Sales India Ltd. Vs DCIT (ITAT Chennai) Assessee has purchased windmill and capitalized the same in its books of accounts. The assessee purchased this machinery indigenously and hence, provisions of section 43A will not apply. But, since the assessee has capitalized and claimed depreciation in spread over years and assessments have become final and […]

Addition of cash deposited out of marriage gift u/s 69A partly deleted

December 1, 2022 1455 Views 0 comment Print

ITAT Chennai held that addition for cash deposits out of marriage gift under section 69A partly deleted as in Indian Customs during marriages guests and relatives will give gift depending upon their social status and economic condition

Entire sale consideration taxable in the hands of owner as GPA not accounted in his return

November 28, 2022 10617 Views 0 comment Print

ITAT Chennai held that as the PoA and sale deed are executed on the same day clarifies that PoA holder has no legal right or interest in the property. Further, GPA (General Power of Attorney) has not accounted for consideration in his ROI. Hence entire sale consideration taxable in the hands of assessee.

Provisions of section 40A(3) doesn’t apply to payment made to a cottage industry

November 26, 2022 1632 Views 0 comment Print

ITAT Chennai held that payment towards purchase of wet grinders and accessories were mainly made to a cottage industry and accordingly such payment is not hit by the provisions of section 40A(3) as payment made to a cottage industry is excluded under rule 6DD(F) of the Income Tax Rules.

Cash deposit during Demonetisation- ITAT restricts addition to 30% of deposit

November 24, 2022 3744 Views 0 comment Print

Asokan Meena Vs ITO (ITAT Chennai) It is an admitted fact that the assessee has filed her return of income for the AY 2016-17 in ITR-4 and has maintained books of accounts, but for the AY 2017-18, she had filed return of income u/s.44AD of the Act, and estimated net profit without any books of […]

Payment to train resources to provide pre & post sale services is FTS

November 24, 2022 360 Views 0 comment Print

Sunsmart Technologies Pvt. Ltd Vs ACIT (ITAT Chennai) As per Explanation-2 to Sec.9(1)(vii) of the Act, FTS means any consideration (including in lump sum consideration) for the rendering of any managerial, technical or consultancy services, but does not include consideration for any construction, assembling, mining or like project undertaken by the recipient or consideration which […]

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

November 24, 2022 999 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 1140 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 […]

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