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ITAT Chennai

Section 143(1) adjustment unsustainable – Rental Income treated as Business Income

November 6, 2022 1473 Views 0 comment Print

The Ld. AR has also submitted that the case for this year was picked up for scrutiny wherein the rental income has been assessed by AO as ‘business income’.

No addition for undisclosed income if no incriminating material found during search

November 6, 2022 1047 Views 0 comment Print

ITAT Chennai held that undisclosed income allegation unsustainable as during search no incriminating material was found in respect of on-money receipt and AO also failed to establish the receipt of the same.

Interest on Loans utilized for Business allowable as Business Expenditure

November 4, 2022 348 Views 0 comment Print

Loans obtained by assessee were utilized for its business purposes and therefore, interest so paid would constitute business expenditure and accordingly, an allowable deduction.

Section 56(2)(vii) doesn’t apply to property received under will/ inheritance

November 3, 2022 2931 Views 0 comment Print

ITAT Chennai held that provisions of section 56(2)(vii) of the Income Tax Act doesnt apply when the property received under a will or by way of inheritance

Salary income earned by NRI for work performed abroad not taxable in India

November 3, 2022 3210 Views 0 comment Print

Kanagaraj Shanmugam Vs ITO (ITAT Chennai) From the fact it emerges that the assessee has stayed in India for 63 days during this year and his status, as per law, is non-resident. The assessee has worked in India for 21 days and offered proportionate salary to that extent to tax. For remaining period, the work […]

Company can claim depreciation of cars registered in director’s name but used for business purpose

October 31, 2022 21189 Views 0 comment Print

ITAT Chennai held that claim of depreciation and other related expenses is allowed to the company as the cars, registered in the name of directors, are used for the purpose of business.

ITAT deletes penalty on excess depreciation claimed due to Mistakes at CA Office

October 28, 2022 1473 Views 0 comment Print

M. Prabaharan Vs ITO (ITAT Chennai) Before us, the Chartered Accountant Shri Jeevarathinam categorically admitted in writing that the duplication of assets has happened while calculating the depreciation as per Income Tax Act while computing the tax computation sheet by his staff. He admitted that while doing so, the staff has wrongly computed the deprecation value […]

Review of order, on same set of facts & material, is impermissible

October 24, 2022 468 Views 0 comment Print

ACIT Vs Joseph Selvakumar Selvan (ITAT Chennai) Upon careful consideration, it could be gathered that the return of income was already scrutinized u/s 143(3) and the issue of computation of capital gain was duly examined by Ld. AO. The requisite queries were raised by Ld. AO which were duly replied by the assessee along with […]

Salary accrued for work performed outside India is not taxable in India

October 17, 2022 5817 Views 0 comment Print

ITAT Chennai held that as per Sec.9(1)(ii) of the Income Tax Act, salary income could be deemed to accrue or arise in India only if it is earned in India in respect of services rendered in India. Hence, salary income as accrued to the assessee for work performed in UK would not be taxable in India.

Department cannot take advantage of ignorance of assessee in claiming deduction

October 14, 2022 3342 Views 0 comment Print

Officers of department must not take advantage of ignorance of assessee about his rights and it is their duty to assist tax payer in every reasonable way particularly in claiming and securing reliefs,

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