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ITAT Chennai

TDS not deductible on commission paid to foreign agents as no PE in India

January 27, 2025 525 Views 0 comment Print

ITAT Chennai held that payments are in the nature of selling commission to foreign agents who is not having permanent establishment or business connection in India is not taxable in India and accordingly, TDS u/s. 195 not deductible.

Loan Creditworthiness in Question: ITAT Remands ₹36.5 Lakh addition Case

January 27, 2025 396 Views 0 comment Print

ITAT Chennai remands ₹36.5 lakh unexplained loans case for reconsideration after assessee fails to provide sufficient evidence of creditors’ financial capacity.

AO must determine FMV of shares in terms of Explanation to Sec. 56(2)(viib): ITAT

January 25, 2025 831 Views 0 comment Print

Assessee being a real estate developer, allotted 10060 equity shares as per the fair market value (FMV) computed in accordance with Sec.56(2)(viib) read with Rule 11U / 11UA.

Only profit embedded to creditors written off and discount receipts to be added: ITAT Chennai

January 23, 2025 990 Views 0 comment Print

ITAT Chennai held that only profit embedded to creditors written off and discount receipts is needed to be added since both i.e. creditors written off and discount receipts are inextricably linked with business of assessee. Hence, appeal partly allowed.

Addition towards unexplained cash deposits u/s. 69A deleted as source of deposit explained

January 23, 2025 945 Views 0 comment Print

ITAT Chennai held that cash collected from customers for purchase of stamp papers were deposited in bank hence source of cash deposits duly explained. Thus, addition towards unexplained cash deposits u/s. 69A of the Income Tax Act not justified.

Income estimated at 8% since assessee failed to substantiate its claim of 5%: ITAT Chennai

January 23, 2025 612 Views 0 comment Print

ITAT Chennai held that estimation of 8% as income on the total receipt by AO is justifiable since assessee failed to substantiate its claim of earning 5% commission on total receipt. Accordingly, addition confirmed and appeal dismissed.

CIT(A) Ex-Parte Ruling Violates Section 250(6) by Failing to Adjudicate on Merits

January 23, 2025 573 Views 0 comment Print

ITAT Chennai sets aside ex-parte CIT(A) order on ₹33 lakh cash deposit, citing natural justice and Section 250(6) violations. Case remanded for fresh adjudication.

Denovo assessment directed with cost of Rs. 5000 for failure to respond to notices

January 23, 2025 192 Views 0 comment Print

ITAT Chennai set aside the order and appeal restored back to the file of AO for denovo assessment, however, cost of Rs. 5,000 imposed for non-response on the part of the assessee. Accordingly, appeal allowed.

ITAT Remands ₹117.01 Lakhs Addition as AO Ignored Assessee’s Details

January 23, 2025 270 Views 0 comment Print

ITAT Chennai remands Rs.117.01 lakh addition for fresh review, citing non-consideration of assessee’s details in assessment.

₹118 Lakhs Cash Deposit: ITAT Lowers Income Estimation to 2% for Ticket Agent

January 23, 2025 402 Views 0 comment Print

ITAT reduces income estimation to 2% for ticket agent’s ₹118 Lakhs cash deposit case, providing relief by lowering the AO’s 10% margin estimation.

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