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ITAT Chennai

Section 54 Exemption allowable even If Investment made in Joint Name of Husband

December 3, 2018 2373 Views 0 comment Print

Smt. Waheeda Asif Abbas Vs The ITO (ITAT Chennai) The Assessing Officer disallowed the claim of the assessee under Section 54F of the Act on the ground that the assessee’s husband was not having any share in the property sold by the assessee. Since the investment was made in the name of the assessee and […]

Section 54F on investment of sale proceeds in name of assessee & her husband

December 3, 2018 1707 Views 1 comment Print

Smt. Waheeda Asif Abbas Vs ITO (ITAT Chennai) The Assessing Officer disallowed the claim of the assessee under Section 54F of the Act on the ground that the assessee’s husband was not having any share in the property sold by the assessee. Since the investment was made in the name of the assessee and her […]

Gains on sale of shares allotted under ESOP is capital gain not perquisite

October 24, 2018 3198 Views 2 comments Print

Dr. Muthian Sivathanu, Vs ACIT (ITAT Chennai) Conclusion: Gains arising from sale of the shares allotted in the ESOP (Employees Stock Option Plan) scheme when the assessee was non-resident, not to be assessed as perquisites instead of assessed as capital gain as the stock viz., the asset was already vested on the assessee during the […]

Allotment of Share at High Premium for Cash | Gift | Lifting of corporate veil | Section 56(2)(viia)

August 27, 2018 1761 Views 0 comment Print

Vaani Estates Pvt. Ltd. Vs ITO (ITAT Chennai) Provisions of Section 56(2)(viib) of the Act, cannot be invoked in the case of the assessee company because by virtue of cash being brought into the assessee company by Mrs. Sasikala Raghupathy for allotment of equity shares with unrealistic premium the benefit has only passed on to […]

Profit from Land shown as Capital Assets in books is Capital Gain: ITAT Chennai

July 24, 2018 1806 Views 0 comment Print

ACIT Vs Ms. Indus Valley Housing, (ITAT Chennai) The question arises for consideration is whether the investment made by the assessee in the land at Nolambur is a stock-intrade or capital asset? If the land is stock-in-trade, then naturally the profit on sale has to be considered as income from business. If it is considered as capital asset, […]

Income from renting of IT park with services related to its use as technology centers constitutes Business Income

July 23, 2018 1806 Views 0 comment Print

Ambattur Infra Developers prevail in ITAT Chennai. Payments for leased space and services to be considered under ‘income from business.’

Commission of overseas agents for marketing, procurement of orders not liable to TDS u/s 195

July 23, 2018 3867 Views 0 comment Print

Payment of commission to overseas agents for marketing, procurement of orders and systematic market research was not liable to TDS as the same was not liable to tax in India as per Section 9(1)(vii).

Penalty U/s. 271AAB justified on return filed after issue of notice U/s. 142(1)

July 23, 2018 3372 Views 0 comment Print

Sonal Steels Trading Pvt. Ltd Vs ACIT (ITAT Chennai) Here admittedly, assessee was not maintaining any books. There was thus no question of recording any money, bullion, jewellery or any entry in any books. It is not disputed that assessee had not disclosed any receipts from bill trading before the date of search to the […]

Taxability of rent when leasing is main object of assessee

July 23, 2018 2352 Views 0 comment Print

Main object of the assessee firm, as laid down in the partnership deed, includes leasing of industrial park hence the income of the assessee both from leasing the space as well as providing maintenance services had to be considered only under the head income from business.

Exemption U/s. 11 not available if Trust Gifts its property to Unregistered Trust

July 9, 2018 2829 Views 0 comment Print

DDIT Vs M/s. Paramasiva Naidu Muthuvel Raj Education Trust (ITAT Chennai) It is also an undisputed fact that during relevant assessment year, the land had been made available to M/s. PMR Bangaru Subbammal Educational Trust, which is a Trust that does not have registration u/s.12AA of the Act. It is also an undisputed fact that […]

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