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ITAT Chennai

Additional depreciation not eligible on capitalization of forex loss

August 1, 2022 597 Views 0 comment Print

Daeseung Autoparts India Pvt.Ltd Vs ACIT (OSD) (ITAT Chennai) We have gone through reasons given by the Assessing Officer to reject additional depreciation on capitalization of forex loss in light of provisions of section 32(1)(iia) of the Act, and we ourselves do not subscribe to the arguments advanced by the learned counsel for the assessee […]

Rural Advances shown in HO accounts eligible for deduction u/s 36(1)(viia)

August 1, 2022 1422 Views 0 comment Print

ACIT Vs Dharmapuri District Central Co-operative Bank Ltd. (ITAT Chennai) The material facts are that during assessment proceedings, the assessee’s claim of deduction u/s 36(1)(viia) was examined by Ld. AO. As per the statutory provisions, the assessee was entitled to claim deduction for an amount not exceeding 7.5% of total income and an amount not […]

Debatable Issue cannot be adjusted in Section 143(1) intimation

August 1, 2022 2259 Views 0 comment Print

Tangar Exports LLP Vs ACIT (ITAT Chennai)  The Assessing Officer has made adjustment of total income computed in the intimation received u/s.143(1) of the Act, towards deduction claimed u/s.80JJAA of the Act, in respect of employment of new employees on the ground that the assessee has not satisfied conditions prescribed therein, including filing of audit […]

Section 263 order justified if AO failed to rightly compute Capital Gain on Sale of Land

August 1, 2022 195 Views 0 comment Print

Dhanalakshmi Mills Ltd. Vs DCIT (ITAT Chennai) Admittedly, the Assessing Officer has caused necessary inquiries with regard to computation of long term capital gain derived transfer of property and has computed capital gain by taking into account cost of acquisition claimed by the assessee without disturbing consideration received from transfer of property, even though, there […]

Eviction Charges Paid for clearing encroachments allowable as Business Expense

August 1, 2022 666 Views 0 comment Print

Orchid Foundations Pvt. Ltd Vs ITO (ITAT Chennai) The intended purchaser i.e., M/s SVC made efforts for clearing the encroachments and incurred expenditure of Rs.811.75 Lacs which were paid through banking channels. The details of payment as well as the bank statement and acknowledgement / receipts were already furnished to Ld. AO during the course […]

Equipment Lease Rent paid Without Acquiring Ownership is Revenue Expense

August 1, 2022 1728 Views 0 comment Print

Sundaram Infotech Solutions Ltd Vs ITO (ITAT Chennai) We find that there is no quarrel on the proposition since the only dispute under the appeal is tax treatment under finance lease. The operating lease transactions have not been disturbed by Ld. AO and the only dispute is qua deduction of principal component under finance lease […]

Tax on Surplus from conducting conference of CSI

August 1, 2022 414 Views 0 comment Print

ITO Vs 67th Annual Conference of CSI-2015 (ITAT Chennai) ITAT noted that the payments made by the assessee entity in accordance with bye-laws / specific purpose for which it was constituted and the AO has not disputed the nature of contribution made by assessee or the receipts transferred being directly in nexus with the income […]

Section 54F Deduction allowable on Independent Residential Units in single building

July 31, 2022 1206 Views 0 comment Print

Venkatesharaiyer Subramanian Vs ACIT (ITAT Chennai) There could be no quarrel on the fact that post-amendment to Sec. 54F, as applicable from AY 2015-16, deduction u/s 54F could not be claimed on purchase / construction of more than one residential house. However, the factual matrix would reveal that the assessee has made investment in one […]

No Addition for ‘Deemed Dividend’ if payment to person holding substantial interest not established

July 31, 2022 336 Views 0 comment Print

DCIT Vs Essel Finance VKC Forex Ltd. (ITAT Chennai) assessee has advanced sum of Rs.7.5 Crores to another entity for taking a property on lease. The same has been treated by Ld. AO as deemed dividend u/s 2(22)(e) of the Act on the ground that one of the directors of the assessee company held substantial […]

Reopening of assessment based on mechanically received approval is bad in law

July 29, 2022 2076 Views 0 comment Print

Held that reopening of assessment on the basis of the approval given in mechanical manner without application of mind is bad in law and liable to be quashed.

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