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ITAT Chennai

ITAT disallows foreign travel expenses with no direct nexus with business

June 16, 2022 921 Views 0 comment Print

RKKR Holdings Pvt. Ltd. Vs ITO (ITAT Chennai) There is no dispute with regard to the fact that two Directors of the assessee company have travelled to USA, London and Singapore. Although, there is no direct nexus between the foreign travel expenses incurred by the assessee and business receipts from those destinations, but fact remains […]

Section 271B penalty deleted for delay in Tax Audit Due to Ongoing Assessment under other Laws

June 16, 2022 996 Views 0 comment Print

Erumapalayam Primary Agricultural Co-Op Credit Society Vs ITO (ITAT Chennai) The Ld. AR pleaded that there was sufficient cause for delay in the audit since the assessee being cooperative society, it was governed by the Tamil Nadu Cooperative Societies Act, 1983 and the relevant rules 1988. For the relevant AY, the accounts of the society […]

No deferred revenue expenditure claim allowable unless specifically provided

June 16, 2022 3555 Views 1 comment Print

Expense incurred on temporary partition is a revenue expense eligible for depreciation in the respective year if the asset is put to use for business. The amount has been incurred towards temporary structure during the previous year. No deferred revenue expenditure claim is allowable unless specifically provided under the Act.

Depreciation eligible on goodwill arisen pursuant to business acquisition

June 16, 2022 516 Views 0 comment Print

ITAT held that depreciation eligible on goodwill which has arisen pursuant to business acquisition made by the assessee

Remission/cessation of liability by BIFR cannot be taxed under Income Tax Act

June 15, 2022 1344 Views 0 comment Print

AO erred in assessing cessation of liability towards unsecured loans availed from financial institutions in terms of order of BIFR u/s. 41(1) of Income Tax Act, 1961.

Undisclosed income addition by extrapolation of documents is unsustainable

June 14, 2022 3333 Views 0 comment Print

A. Sivashankar Vs DCIT (ITAT Chennai) In our considered view, the estimation made by the AO towards undisclosed income of under reporting of sales Revenue from sale of plots, is purely a guess work, which is based on the suspicion and surmises, but not based on any material evidences. Facts- The only issue that came […]

Addition u/s 40A(3) unsustainable in absence of incriminating material

June 13, 2022 720 Views 0 comment Print

S. Ashokan Vs DCIT (ITAT Chennai) Addition towards cash payments u/s 40A(3) unsustainable in absence of any incriminating materials found during search – claim of assessee abruptly rejected that cash found during search pertains to earlier AY. Facts- The first issue in assessee appeal is validity of assessment order passed by the AO u/s.143(3) r.w.s.153A. […]

Deduction available u/s 10B towards profits of eligible units without setting off of b/f unabsorbed depreciation/ business loss

June 11, 2022 996 Views 0 comment Print

International Agricultural- Processing (P) Ltd. Vs ACIT (ITAT Chennai) Facts- The assessee is engaged in the business of export of processed agricultural produce like gherkins, onions and other vegetables. The assessee company is a 100% Export Oriented Unit and has claimed deduction u/s.10B of the Income Tax Act, 1961 (The Act) from the AY 2000-01. […]

Disallowance of Excess Remuneration to Directors: Section 40A(2)(b) cannot be invoked without corroborative evidence

June 4, 2022 6441 Views 0 comment Print

Carmel Softech Pvt. Ltd. Vs ITO (ITAT Chennai) We noted that the Tribunal in the case of The Bombay Samachar Pvt. Ltd., supra, has considered the issue of applicability of provisions of section 40A(2)(b) of the Act to the directors remuneration and held that this provision will not apply to the directors payment for holding […]

Section 271B Penalty not leviable when books of accounts not maintained

May 30, 2022 1830 Views 0 comment Print

ITAT Chennai held in the case of Shanthilal D Jain Vs DCIT that Penalty under Section 271B for failure to get account audited not leviable when books of accounts are not maintained.

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