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ITAT Chennai

Co-operative society eligible for section 80P(2)(a)(i) deduction

July 10, 2022 5046 Views 0 comment Print

Assessee, being co-operative society, is out of the provisions of section 80P(4) and eligible for deduction under section 80P(2)(a)(i)

Deduction u/s 80IB(10) includes commercial establishments/ shops also

July 9, 2022 594 Views 0 comment Print

The only issue remains for adjudication is whether the assessee is entitled to claim deduction u/s. 80IB(10) of the Act in respect of housing project undertaken and constructed by it despite the fact that nominal part is commercial area.

No section 54 deduction on Property purchased in the name of married daughter

July 9, 2022 9381 Views 0 comment Print

Assessee had purchased property in the name of married daughter, although she was divorced, but she was an independent for purpose of the Income Tax Act. Therefore, benefit of deduction under section 54 cannot be allowed, when property has been purchased in the name of married daughter

Disallowance u/s 40(a)(i) justified if assessee failed to deduct TDS

July 8, 2022 1005 Views 0 comment Print

Penta Media Graphics Ltd Vs DCIT/ACIT (ITAT Chennai) Disallowance u/s 40(a)(i) justified if assessee failed to deduct TDS on payment for software development consultancy charges to foreign companies. Conclusion: Since assessee had not deducted TDS under section 195 on payment for software development consultancy charges was made to foreign companies and failed to file any […]

Addition u/s 69A sustainable in absence of adequate evidence

July 6, 2022 1548 Views 0 comment Print

Held that as the assessee was not able to furnish any evidence to the fact that the seized cash represent accounted income and also assessee has accepted that no proper cash books was maintained. Accordingly, addition u/s 69A sustained and also penalty leviable u/s 271AAA.

Assessee cannot be taxed for sale of property by director by misusing his position 

July 6, 2022 642 Views 0 comment Print

ACIT Vs Anush Infrastructure (P) Ltd (ITAT Chennai) Upon careful consideration of material facts, it could be gathered that the whole basis to make additions in the hands of the assessee is sale agreement dated 24.08.2009 allegedly executed between the assessee and one Mrs. Bhavika Jain. On the basis of this agreement, it has been […]

Section 56(2)(viib) cannot be invoked to tax share premium for AY prior to AY 2013-14

July 2, 2022 2124 Views 0 comment Print

DCIT Vs Archean Chemical Industries Pvt.Ltd. (ITAT Chennai) 13. The provisions of section 56(2)(viib) has been inserted to the statute by the Finance Act, 2012 w.e.f. 01.04.2013 and as per said provisions, where a company, not being a company in which public are substantially interested, receives in any previous year, from any person being a […]

ITAT condones delay in filing of Audit Report due to Virus Attack

July 2, 2022 912 Views 0 comment Print

In the present case before us, the delay is for few hours which could be condoned as there is a reason that there is malfunctioning / virus attack in the computer system and consequent data loss which is beyond the control of the assessee.

Expenditure for setting-up of business allowable as deduction despite absence of business income

July 1, 2022 2763 Views 0 comment Print

Expenditure incurred would be allowable as deduction, notwithstanding the fact that no business income was earned by the assessee.

Addition for Cash Gift valid on failure of Assessee to substantiate cash gift

June 29, 2022 141 Views 0 comment Print

In the case of Shri M.Y. Jahabar Sadique vs. ITO, ITAT Chennai confirms AO decision on unexplained cash gifts and discrepancies in business advances. Detailed analysis here.

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