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ITAT Chennai

Section 80P deduction can be claimed while filing return in response to Section 148

November 10, 2020 31074 Views 3 comments Print

Daee Coop T&C Society Vs ACIT (ITAT Chennai) There is no dispute with regard to the fact that the assessee is a credit co-operative society registered under the TamilNadu Co­operative Societies Act, 1983. It is also not in dispute that the assessee is engaged in the business of providing credit facilities to its members. The […]

Section 14A Disallowance r.w. Rule 8D cannot exceed Exempt Income

November 10, 2020 6144 Views 0 comment Print

Ramalinga Mills Ltd. Vs ACIT (ITAT Chennai) The issue under consideration is whether disallowance of expenditure in relation to exempt income u/s.14A read with Rule 8D of I.T. Rules, 1962 is justified in law? ITAT states that, the facts borne out from records clearly indicate that the assessee has earned dividend for the impugned assessment […]

No tax on income from shipping of foreign vessels under India-Singapore Tax Treaty

November 6, 2020 7653 Views 0 comment Print

Income earned by  assessee from shipping operations in India was not taxable in India by virtue of Article 24 of India Singapore DTAA as  the conditions stipulated under Article 24 were not satisfied and  the benefit of Article 8 of India Singapore DTAA was applicable and as per which shipping income of a resident of Singapore was taxable only in Singapore but not in India.

ITAT condones Appeal filed with CI(A) by delay of 36 months & 3 days

October 20, 2020 780 Views 0 comment Print

K. Hemalatha Vs ACIT (ITAT Chennai) It is an admitted fact that against the assessment order, the assessee filed a manual appeal on 03.05.2016, which is well within the time provided under the Act. On perusal of the appellate order, we find that when the appeal was manually filed on 03.05.2016, no defect notice was […]

Treat foreign exchange loss in accordance with Section 43A: ITAT

October 6, 2020 2919 Views 0 comment Print

Shin-Etsu Polymers India P. Ltd. Vs DCIT (ITAT Chennai) We have observed that the authorities below have commented while disallowing these foreign exchange losses on conversion of outstanding balance in foreign currency into Indian rupee on the date of Balance Sheet as at year end to be on account of outstanding unsecured loans which were […]

Section 54 benefit cannot be denied for Procedural Non-Compliance

July 20, 2020 2262 Views 0 comment Print

The issue under consideration is whether the benefit of section 54 of the Income Tax Act, being a beneficial provision, can be denied to the assessee due to non-compliance of procedural requirements?

Depreciation eligible on intangible asset viz., goodwill/ customer list

June 3, 2020 4308 Views 0 comment Print

The issue under consideration is whether the assessee is correct in claiming depreciation on customer list and goodwill by considering it as intangible asset?

Section 54F – No disallowance for non Compliance of procedural requirement

May 29, 2020 1314 Views 0 comment Print

Shri Kasi Viswanathan Ramnathan Vs ITO (ITAT Chennai) The issue under consideration is whether the denial of exemption under section 54F by CIT(A) is justified in law? In the present case, assessee has claimed the exemption u/s 54F in the return including the amount which had not been utilized before 31.07.2012. But later the assessee utilized the entire sale […]

ITAT remits back case of Actor Dulquer Salmann to AO

May 29, 2020 792 Views 0 comment Print

ITAT Remit Back the case of Actor Dulquer Salmann (Assessee)  back to Assessing Officer (AO) as Information reconciling  source for investments which were added as undisclosed income were placed before it but not placed before AO.

Re-Assessment justified against former Cricketer Srikanth

May 19, 2020 2247 Views 0 comment Print

Reassessment was justified by the income tax department against former Indian Cricket Team Captain Krishnamachari Srikanth and non compete fee of Rs. 7.50 crores was exempt from tax being capital receipt;

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