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ITAT Chennai

Bad debts written off due to corporate restructuring scheme allowable

May 18, 2022 1038 Views 0 comment Print

ACIT Vs Tamil Nadu Water Investment Co. Ltd. (ITAT Chennai) It is an undisputed fact that consequent to the CDR scheme, the assessee had written off the receivables from M/s. NTADCL as bad debt and the debt has become bad only due to corporate restructuring scheme. Moreover, in the books of account of M/s. NTADCL […]

Capital introduced by partners cannot be taxed in the hands of firm

May 14, 2022 7839 Views 0 comment Print

ITO Vs Nithyasudha Combines (ITAT Chennai) The next point for consideration is whether the unexplained partners’ capital is assessable in the hands of the assessee or not in terms of section 68 of the Act. Section 68 of the Act can be invoked only when there is a credit in the books of account maintained by the […]

ITAT allows one more opportunity to appellant under liquidation to substantiate its case before CIT(A)

May 14, 2022 402 Views 0 comment Print

Integrated Finance Company Limited Vs ACIT (ITAT Chennai) The ld. Counsel for the assessee has submitted that the assessee company, being under liquidation, was under strenuous pressure of running behind the Hon’ble High Court and public depositors as well as bond holders for consolidation and recover the dues with lack of sufficient staff and thereby […]

Quantum appeal cannot be dismissed for Opting of VSVS against Penalty order

May 14, 2022 543 Views 0 comment Print

Poosabban Thangaraju Vs ITO (ITAT Chennai) On perusal of the Form 5 dated 25.03.2021 issued under VSVS by the Designated Authority for both the assessment years, we find that the Form 5 has been issued for full and final payment of ₹.6,250/- as taxes in terms of VSVS order under section 5(2) dated 05.02.2021 pertains […]

Carbon Credits wrongly offered to tax in earlier year can be claimed as deduction on non-realisation

May 6, 2022 636 Views 0 comment Print

Bharath Wind Farm Ltd Vs DCIT (ITAT Chennai) Upon careful consideration of factual matrix, it could be seen that the assessee has earned Carbon Credits in earlier years on the basis of wind-mill power generated during FYs 2007-08, 2008-09 & 2009-10. Recognizing the same in its books of accounts, the assessee booked income of Rs.305.59 […]

ITAT quashes Revision order of CIT as AO had a reasonable view

May 6, 2022 504 Views 0 comment Print

Smt. E. Santhakumari Vs ITO (ITAT Chennai) We noted that the Assessing Officer while framing the assessment has gone into the details of the cash deposits of Rs.30.00 lakhs and the other two more amounts of Rs.5,09,000/- and Rs.6,95,900/-. She stated before the Assessing Officer that the cash deposits is out of the gift received […]

Advance for DTH services taxable when such services rendered

May 3, 2022 648 Views 0 comment Print

ACIT Vs Sun Direct TV Pvt. Ltd. (ITAT Chennai) The undisputed fact that emerges are that the assessee provide DTH services to various subscribers. The assessee receives subscription amount on quarterly / half-yearly / annual basis and credit the same to ‘deferred income account’. From this account, the revenue earned, for each day, are transferred […]

Advertisement expense paid to Facebook (non-resident) without TDS deduction allowable

May 2, 2022 2769 Views 0 comment Print

Matrimony.com Limited Vs. ACIT/DCIT/ITO (ITAT Chennai) Briefly stated facts are that the assessee company is engaged in the business of providing services in connection with marriage alliance and related services. The company markets its product both through online and offline advertisements. During the year, the company has availed the services of Facebook, Ireland Ltd., for […]

ITAT condones delay of 1217 days in appeal filing

May 2, 2022 843 Views 0 comment Print

Kal Airways Private Limited Vs DCIT (ITAT Chennai) The Registry has noted inordinate delay of 1217 days in the appeal. The condonation of the same has been sought by the assessee on the strength of affidavit of Shri K.Sundar for assessee company. It has been submitted that delay has occurred due to frequent covid surge […]

Section 271(1)(c) Penalty not sustainable on mere estimated additions

April 23, 2022 1236 Views 0 comment Print

In our considered opinion, additions which are mere estimated additions do not attract penalty u/s 271(1)(c) and it is not a fit case of levy of penalty.

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