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ITAT Chennai

AO cannot reject Valuation report for non-filing of the same during Original or Revision Proceedings

February 1, 2021 1428 Views 0 comment Print

Sakthi Textiles Ltd Vs DCIT (ITAT Chennai) Coming back to observations of the Assessing Officer regarding valuation report. The Assessing Officer never stated that assessee has not filed valuation report in support of fair market value of shares. In fact, Assessing Officer has categorically admitted that assessee has filed valuation report from independent Chartered Accountant […]

No section 80IB(10) deduction If No expense by Land Owner Towards project Development

January 28, 2021 1710 Views 0 comment Print

Explore Anjli Foundations’ eligibility for 80IB(10) deduction as ITAT Chennai reviews the case. Legal analysis, key points, and ITAT judgment insights provided.

Tax on Interest on Delayed Compensation for Compulsory Land Acquisition

January 28, 2021 10266 Views 0 comment Print

ACIT Vs SV Global Mill Ltd. (ITAT Chennai) We find that the Tribunal in the context of Section 10(37) of IT Act, held that interest received for delayed payment of enhanced compensation in respect of acquisition of immovable property is in the nature of interest liable to be taxed u/s.56(2)(viii) r.w.s. 145A(b) of IT Act. […]

No section 80IB(10) deduction to Land owner if no developmental activity by him

January 28, 2021 987 Views 0 comment Print

ITO Vs Anjli Foundations (ITAT Chennai) The undisputed fact in this case is that the assessee is owner of the land. Therefore, for claiming the deduction u/s. 80IB(10), the assessee has to establish that it had undertaken developmental activities which include activities like undertaking the levelling the road and removal of rock surface in the […]

ITAT quashes reopening of assessment as AO not alleged that Assessee failed to disclose material facts during Original Assessment

January 28, 2021 2088 Views 0 comment Print

Since there was no allegation by AO on failure on the part of assessee to disclose fully and truly all material facts necessary for assessment, therefore, reopening of assessment was not based on sound footing and hence the impugned assessment order framed u/s.143(3) r.w.s. 147 was illegal and liable to be quashed.

Section 11(2) exemption cannot be denied merely for discrepancy in fund accumulation object in Form No. 10

January 20, 2021 13725 Views 0 comment Print

Lack of declaration in Form No.10 regarding specific purpose for which funds were being accumulated by the assessee trust would not be fatal to the exemption claimed u/s.11(2) of the Act.

Foreign exchange fluctuation loss on ECB loan for acquisition of indigenous assets allowable

December 31, 2020 5889 Views 0 comment Print

DCIT Vs Green Star Fertilizers Ltd. (ITAT Chennai) The issue of disallowance of expenditure on account of foreign exchange fluctuation loss incurred for acquisition of domestic asset is revenue in nature deductible u/s.37(1) or not has been considered by the co­ordinate Bench of this Tribunal in the case of M/s.Hyundai Motor Company Ltd. Vs. DCIT […]

Issue of shares at premium- DCF is accepted method of valuation

December 31, 2020 5043 Views 0 comment Print

DCIT Vs Avigna Housing Pvt. Ltd. (ITAT Chennai) we are of the considered view that fair market value of shares considered by the assessee under DCF method is one of the accepted method of valuation of shares under Rule 11UA and such value of shares is supported by necessary supporting evidences including valuation report as […]

TNMM method is most appropriate method to take care of all notional interest costs

December 28, 2020 1416 Views 0 comment Print

Gimpex Pvt. Ltd. Vs ACIT (ITAT Chennai) There is no dispute with regard to the fact that receivables is included under the definition of international transactions by amending section 92B by the Finance Act, 2012 w.e.f. 01.04.2002. Therefore, we are of the considered view that there is no merit in the arguments advanced by the […]

No penalty if no deliberate attempt to evade payment of taxes

November 10, 2020 1305 Views 0 comment Print

Advent Computer Services Ltd. Vs ACIT (ITAT Chennai)  It is an admitted fact that assessee has not reported capital gain derived from transfer of equity shares in pursuant to the direction of the Hon’ble High Court of Madras for amalgamation of M/s. i Theories Business Factory India Pvt. Ltd., with the assessee company, even though […]

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