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ITAT Chennai

Section 44AD cannot be applied to Commission Agents

April 19, 2022 25551 Views 0 comment Print

Shri Selvaperumal Govindraj Vs ITO (ITAT Chennai) We noted that the legal position is very clear that profit rate as mentioned in the provisions of Section 44AD of the Act, cannot be applied to commission agents who are doing business of agency commission or earning commission income only in view of provisions of Section 44AD(6)(iii) […]

ITAT refuses to condone delay in Appeal filing as reasons not supported by any evidence

April 17, 2022 507 Views 0 comment Print

Arjun Chemicals Pvt. Ltd Vs DCIT (ITAT Chennai) The ld. Senior DR stated that the assessee has not elaborated how the assessee’s health condition was not viable for filing of appeal or there is no supporting evidence for the reason that the assessee’s health condition was not proper. Hence, he stated that the delay of […]

Addition of unexplained credits justified if assessee fails to explain credit appeared in books with necessary evidence

April 2, 2022 1677 Views 0 comment Print

ACIT Vs S. Mohan Kumar (ITAT Chennai) Conclusion: Assessee failed to file necessary evidence to establish credits appearing in the names of above two persons in the books of account of the assessee as genuine transactions, therefore, addition of unexplained credits  was rightly justified. Held: AO made additions towards credits on the ground that the […]

Appellant not attended hearing due to Covid-19 – ITAT set-aside Ex-parte order

March 29, 2022 1794 Views 0 comment Print

Jeyaraman Senthil Kumar Vs DCIT (ITAT CHENNAI) On perusal of the appellate order, we find that the ld. CIT(A) has given several opportunities and the assessee could not appear before the ld. CIT(A) due to circumstances beyond his control being COVID-19 pandemic period. Hence, we are of the opinion that one more opportunity should be […]

Identical name of 2 villages cannot form the basis for addition 

March 29, 2022 555 Views 0 comment Print

Mohideen Sharif Inayathulla Sharif Vs ITO (ITAT Chennai) Ground- The Ld. Commissioner of Income-tax (Appeals)-13, Chennai failed to independently apply his mind that the village in which this land is situated is more than 5 kilometers from the nearest municipal limits. A mere misstatement or confusion with regard to the identical name of 2 villages […]

Warranty obligation expenses cannot be treated as ‘fees for technical services’

March 29, 2022 16545 Views 0 comment Print

Tractors and Farm Equipment Ltd. Vs DCIT (ITAT Chennai) The submissions of Ld. AR are that warranty expenditure is part of overall sales obligations and the expenditure is reimbursed on actual basis. The warranty obligation being part and parcel of sales transactions and therefore, the same could not be held to be ‘fees for technical […]

Custom House Agent liable to deduct TDS on payments to CFS Agents

March 29, 2022 29379 Views 0 comment Print

Shanmugar Services Vs ITO (ITAT Chennai) As per the provisions of Sec.194C of the Act, any person responsible for making payment for any services needs to deduct TDS on such payment at the prescribed rate. From the plain reading of Sec.194C of the Act, it is abundantly clear that the person who makes payment is […]

Ressessment Invalid if no failure on the part of assessee to disclose fully & truly all material facts

March 29, 2022 846 Views 0 comment Print

P. Divagar Vs ITO (ITAT Chennai) n the present case, the only issue for consideration is whether the reopening of assessment under section 147 of the Act is valid or not. For the sake of convenience, the reasons recorded and communicated to the assessee are reproduced as under: “The assessee filed his return of income […]

PCIT cannot pass revision order on issues which are not subject matter of limited scrutiny assessment proceedings

March 27, 2022 1071 Views 0 comment Print

Learned PCIT has exceeded her jurisdiction in examining issues other than the issues which is subject matter of limited scrutiny assessment proceedings before the Assessing Officer.

Expense on leased property to produce right ambience to attract customers allowable

March 25, 2022 441 Views 0 comment Print

. Expenses such as reflooring, painting of walls, false ceiling, temporary wooden structures were incurred to produce the right ambience to attract customers

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