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ITAT Chennai

ITAT condone the delay in appeal filing as delay was in e-filing & not on manual filing

November 2, 2021 1368 Views 0 comment Print

CIT(A) has dismissed the appeal un-admitted, for the reason that assessee has filed appeal manually instead of electronically filing is mandatory under the rules. When these facts were confronted to Id. senior Department Representative, she could not controvert the above stated facts. Hence, I condone the delay and admit the appeal.

Commercial expenditure paid to parent company in terms of agreement is allowable

October 22, 2021 567 Views 0 comment Print

ACIT Vs Dong Woo Surface Tech India Pvt. Ltd (ITAT Chennai) Facts- The parent company M/s. Dongwoo HST Co. Ltd renders supervisory services to the assessee by dispatching expatriates to India for carrying out work for which the assessee company has agreed to pay supervisory and managerial fees vide agreement dated 25.12.2007. The scope of […]

Prior period item not deductible in section 115JB Book profit computation

September 27, 2021 2541 Views 0 comment Print

International Bakery Products Ltd. Vs ACIT (ITAT Chennai) Prior period item whether expenses or income is an item of expense deductible or item of income, always comes below the  line in the profit & loss account. That means, for all practical purposes, the net profit as per books of account for the relevant period is […]

In absence of sufficient cause delay in filing of return cannot be condoned

September 24, 2021 978 Views 0 comment Print

For the condonation of the delay, the assessee has to show that there must be a sufficient cause to condone the delay. In this case, the assessee himself decided as per his affidavit not to go to his house knowingly that there must be an assessment order. No one is prevented the assessee to go to his house therefore, we are of the opinion that there is no sufficient cause to condone delay. Accordingly, the appeals filed by the assessee are dismissed.

Section 54 exemption cannot be claimed on the basis of non-genuine agreement

September 24, 2021 1065 Views 0 comment Print

Jayaseelan Vs ITO (ITAT Chennai) Shri Jayaseelan (the Appellant) has filed the current appeal being aggrieved against the order dated March 5, 2018 passed by the ld. Commissioner of Income Tax (Appeals) (the CIT(A)) for the assessment year 2014-15 wherein  the claim of the Appellant claiming benefit under section 54 of the Income Tax Act,1961 […]

Tehsildar is not a competent person to decide distance for Capital Gain

September 24, 2021 2790 Views 1 comment Print

In so far as the certificate issued by the Tehsildar is concerned which is at page No.1A of the paper book, it does not show that from the Chidambaram how it comes to 8.5 K.M and apart from that in our view the Tehsildar is not a competent person to decide the distance.

Single Purchase & sale Transaction of shares cannot be treated as Business Activity

September 24, 2021 1479 Views 0 comment Print

Sak Industries Pvt. Ltd. Vs DCIT (ITAT Chennai) We find that the assessee has purchased 1,25,000/- equity shares of ING Vysya Bank during the month of January and February, 2009 and subsequently during the month of September, 2009 all the shares are sold. The assessee also shows the above transaction in its books of accounts […]

No TP Adjustment for Increase in brand value due to use of foreign AEs brand name

September 17, 2021 501 Views 0 comment Print

Increase in brand value due to use of foreign AEs brand name in Taxpayer’s products cannot be considered as provision of services, as per international transaction definition u/s 92B of the Income Tax Act, 1961.

Disallowances u/s.14A cannot exceed amount of exempt income

September 1, 2021 978 Views 0 comment Print

Disallowances u/s.14A could not exceed amount of exempt income, therefore, AO was directed to restrict disallowances u/s.14A to the extent of exempt income earned for the impugned assessment year.

Bogus purchases Addition justified if based on evidences instead of sworn statements

June 23, 2021 3147 Views 0 comment Print

Additions made by AO was not only on the basis of sworn statement but also on the basis other evidences collected during the course of search including discrepancies in books of accounts regarding accounting of bogus purchases therefore, there was no merit in arguments of assessee that AO had made additions towards alleged purchases only on the basis of statement recorded from those parties without further evidences.

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