ITAT Chennai asks CIT(E) to reconsider Bright Educational Trust’s delayed 80G application under amended Section 80G(5)(iv)(B) of the Income Tax Act, effective 01.10.2024.
The ITAT Chennai has restored a charitable trust’s appeal for 80G approval back to the CIT(E), pending a CBDT decision on its condonation request for a 90-day delay in filing.
The issue was regarding the disallowance of depreciation and expenses on retention money. Assessee had purchase contracts with retention money payable after successful performance of machinery and recorded the liability under the mercantile system.
The ITAT Chennai ruled on whether land was an urban capital asset and on the correct sale consideration. It held the land was a capital asset but restricted taxable sale consideration to the amount for land actually transferred in the assessment year.
The ITAT Chennai has ruled that capital gains tax cannot be levied on a minor’s share of property sale proceeds if the funds are deposited under a court order.
The AO completed the assessment u/s.147 r.w.s. 144B of the Act vide order dated 02.03.2023. In the said reassessment order, the AO treated the income received from Kanchipuram Central Co-operative Bank Ltd.
ITAT Chennai held that the assessee is entitled for its claim of additional depreciation qua amounts not claimed in the preceding year. Thus, claim of the additional depreciation made during the year is allowed.
ITAT Chennai held that the amount gifted by the brother cannot be treated as unexplained. Accordingly, addition u/s. 69 of the Income Tax Act deleted to that extent. In the result, the appeal is partly allowed.
ITAT Chennai held that delay of 373 days in filing of an appeal due to prolonged hospitalization and surgery and ultimate demise of Chartered Accountant handling tax matter is reasonable cause and hence condoned. Further, matter remitted since disallowance towards employee contribution to ESI/PF needs to be factually verified.
Chennai ITAT rules that costs for interior work and utility connections for a new home can be included in the LTCG exemption under Section 54 of the IT Act.
