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ITAT Chennai

ITAT allows Employee’s Contribution to PF/EPF paid after Due Date

March 10, 2021 1623 Views 0 comment Print

Doosan Power Systems India P.Ltd. Vs DCIT (ITAT Chennai) We find that issue of belated payment of employees contribution to PF & ESI is allowable expenditure u/s.43B of the Act or not is no longer res integra. The Hon’ble Supreme Court in the case of M/s.Vinay Cements Ltd. (supra) and also in the case of […]

ITAT directs AO to follow rule of Consistency while disallowing expenses

March 3, 2021 6585 Views 0 comment Print

Travancore Textiles P. Ltd. Vs ITO (ITAT Chennai) The Assessing Officer has assessed interest income under the head income from other sources and further disallowed total expenditure incurred at Head Office on the ground that said expenditure is relatable to agricultural operations of the assesse. We find that the Assessing Officer is following different method […]

No wealth Tax on Urban Land after construction of Building by Charitable Trust on the same

March 1, 2021 1056 Views 0 comment Print

Shri S. Peter Vs Asst. Commissioner of Wealth Tax (ITAT Chennai) The solitary issue that came up for our consideration from the given facts and circumstances of this case is, whether the lands owned by the assessee and leased to trusts comes under the definition of ‘asset’, as defined u/s.2(ea) of the WT Act, or […]

Revenue expense with no enduring benefit allowable in the year of incurrence

March 1, 2021 3087 Views 0 comment Print

DCIT Vs Hinduja Leyland Finance Ltd. (ITAT Chennai) In the present case, entire expenditure has been incurred at the beginning of the sanctioning of term loan and also qualifies to be revenue expenditure. Therefore, in our considered view the decision of the Hon’ble Supreme Court in the case of M/s. Taparia Tools Ltd. (supra) is […]

AO cannot treat LTCG as Bogus merely on SEBI investigation report

March 1, 2021 2973 Views 0 comment Print

Kiran Kumar Vs ACIT (ITAT Chennai) The AO disallowed the exemption claimed u/s.10(38) solely based on the investigation report by SEBI pertaining to certain cases based from Kolkatta wherein share prices rigged substantially over a period of time. Merely on suspicion and surmises, this disallowance was made without any corroborative evidence. The AO failed to […]

Business Income declared during Survey can be set-off against Business Losses

February 16, 2021 1989 Views 0 comment Print

Income declared in survey is to be taxed and it has to fall under one of the heads of income, i.e., business income and, therefore, is available for set-off against the business loss.

Section 80IA deduction cannot be denied for use of same technology & Production of Same product

February 8, 2021 1842 Views 0 comment Print

DCIT Vs NLC India Ltd. (ITAT Chennai) The main objection of the AO is that the new unit started cannot be considered as separate undertaking because it is using the same manufacturing technology and the finished goods are also the same, i.e., power. The new unit, i.e., unit TPS-I Expansion is nothing but the expansion […]

Input Tax Credit Written off In Books of Accounts is allowable U/s. 37(1)

February 8, 2021 19296 Views 0 comment Print

FIH India Private Limited Vs DCIT (ITAT Chennai) There is no dispute with regard to the fact that the assessee has written off input Service Tax during the impugned financial year relevant to assessment year 2010-11. But, the dispute is with regard to deductibility of input service tax. The AO has disputed deduction claimed by […]

Compensation for pre-closure of Contract Manufacturing Agreement is non-taxable Capital Receipt

February 8, 2021 1266 Views 0 comment Print

Sai Mirra Innopharm Private Limited Vs ITO (ITAT Chennai) On perusal of details filed by the assessee, we find that the assessee has entered into a contract manufacturing agreement with Dr.Reddy’s Laboratories Ltd., for a period of 10 years for manufacturing of drugs as per the specification provided by the principals, but the know-how required […]

Income from licensing fully furnished hotel with license to run hotel is business receipt

February 8, 2021 1230 Views 0 comment Print

Dodla International Ltd. Vs ACIT (ITAT Chennai) ITAT held that  license fee received by the assessee for licensing a fully furnished hotel along with license to run the hotel is a business receipt, which is assessable under the head ‘income from business or profession’ but not a rental income, which is assessable under the head […]

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