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ITAT Chennai

LTCG on land co-owned cannot be assessed in the hands of single owner

November 16, 2022 1668 Views 0 comment Print

ITAT Chennai held that assessment of Long Term Capital Gain entirely in the hands of assessee instead of all the co-owners of the land is unsustainable in law. LTCG should be assessed in the exact proportion to the extent the land belongs to each such co-owners.

Expenditure of Bio-technology Research & Development allowed before commencement of business

November 16, 2022 717 Views 0 comment Print

ITAT Chennai held that expenditure of Bio-technology Research & Development cannot be disallowed simply on the allegation that expenditure was incurred before the commencement of a new line of business as such matching concept not application in the present case.

2G Spectrum case Legal expense for directors cannot be treated as personal without examining outcome of CBI Court judgment

November 16, 2022 483 Views 0 comment Print

Kalaignar TV Pvt. Ltd. Vs ACIT (ITAT Chennai)  The assessee has claimed legal expenses and travelling & conveyance expenses before the Assessing Officer. The Assessing Officer mainly disallowed the expenditure claimed by the assessee on the ground that the legal proceedings was undertaken in respect of the charges framed against the Directors and shareholders of […]

Exemption u/s 54 of Income Tax Act includes more than one residential house

November 14, 2022 13254 Views 0 comment Print

ITAT Chennai held that capital gain exemption under section 54 of the Income Tax Act includes investment in purchase or construction of one or more than one residential house

Commission income not falls under presumptive taxation scheme

November 7, 2022 18267 Views 0 comment Print

Euro Home Vs DCIT (ITAT Chennai) CIT(A) held that the provisions of Sec.44AD would not apply to commission income and the rental income received would be assessed under Income from House Property. Accordingly, the appeal was dismissed against which the assessee is in further appeal before us. ITAT find that commission income would not come […]

Addition for cash deposit During Demonetisation – ITAT allows assessee to substantiate source of cash deposit

November 7, 2022 726 Views 0 comment Print

Devarajulu Natarajan Vs ITO (ITAT Chennai) Ld. CIT(A), noted that post demonetization, cash deposited in State Bank of Hyderabad was only Rs.2.50 Lacs and cash deposited in Canara bank was Rs.6 Lacs only. Accordingly, the addition was restricted to Rs.8.50 Lacs. Aggrieved, the assessee is in further appeal before us. The Ld. AR pleaded for […]

Value of goods duly accepted by excise department cannot be re-valued by AO

November 6, 2022 408 Views 0 comment Print

ITAT Chennai held that as the value of goods are duly accepted by the Central Excise department without there being any modification then AO doesn’t have any jurisdiction to go beyond the same.

Section 154- No legal or factual issue on merits can be argued or re-argued if issue is highly debatable

November 6, 2022 498 Views 0 comment Print

Raymold Lighting Pvt. Ltd. Vs ITO (ITAT Chennai) ITAT noted that this appeal is against the rectification order passed by A.O and the impugned order by CIT(A) on this order of rectification u/s. 154 of the Act dated 27.09.2017. We noted that in the original appeal filed before CIT(A) by the assessee, the assessee has […]

Maintenance charges from letting out services taxable as income from other sources

November 6, 2022 927 Views 0 comment Print

Once the maintenance charges were attributable to the letting out services provided, same derived from providing services was to be considered under the head income from other sources  and not income from house property

ITAT deletes penalty for delay in submission of Tax Audit as Assessee was unwell & his Accountant left without prior notice

November 6, 2022 759 Views 0 comment Print

Saravana Foundation Vs ITO (ITAT Chennai) Against levy of penalty under section 271B of the Act, the assessee has submitted the reasons for the delay in filing the audit report before the ld. CIT(A) that the accounts audited under section 44AB of the Act belatedly as the assessee was not keeping good health and the […]

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