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ITAT Chennai

Deduction U/s. 54 allowable on sale consideration invested one year before sale of property

May 31, 2017 2715 Views 0 comment Print

In this case, the investment was admittedly made one year before the date of sale of property. In view of language employed by Parliament in section 54 of the Act, it is not the requirement that the sale consideration has to be invested in purchase of property.

Section 61: In case of revocable trust, its income needs to be taxed in hands of beneficiaries

May 23, 2017 4932 Views 0 comment Print

These appeals are filed by the assessee against an order dated 30-3-2016 of the Commissioner (Appeals)-2, Chennai, in I.T.A. No. 31/CIT(A)-2/2013-14 for the assessment year 2008-09 and the order dated 30-3-2016 of the Commissioner (Appeals)-2, Chennai, in I.T.A. No. 174/CIT(A)-2/2013-14 for the assessment year 2009-10.

Confirmation letter by creditor establishes only identity & not creditworthiness & genuineness

May 19, 2017 6246 Views 0 comment Print

A. Godwin Maria Visuvasam Vs. ITO (ITAT Chennai) Merely furnishing of confirmation letter by a creditor, as it again well settled, does not would at best only establish identity of the creditors. There was nothing on record establishing creditworthiness of the creditors and/or genuineness of impugned loans and advances in the instant case. Therefore, AO […]

ITAT Judgment on year of taxability in case of JDA

May 11, 2017 4668 Views 0 comment Print

These cross appeals by the Revenue and by the assessee are directed against the order of the Commissioner (Appeals)-4,Chenaai dated 8-2-2016.

Assessee allowed Deduction U/s. 54 depsite non completion of construction within 3 years

May 11, 2017 3897 Views 0 comment Print

This appeal of the assessee is directed against the order of the Commissioner (Appeals)-4, Chennai dated 19-8-2016 pertaining to assessment year 2012-13. 2. The only grievance in this appeal of assessee is non-granting of exemption under section 54 of the Act in respect of sale of the residential property.

Power to rectify a mistake U/s. 254(2) cannot be used to recall entire order

May 8, 2017 1410 Views 0 comment Print

Section 254 does not indicate that Tribunal can recall entire order and pass a fresh decision and power to rectify a mistake under section 254(2) could not be used for recalling entire order.

Section 80-IB(10) If Authority excluded open terrace from working of built-up area than revenue cannot review the same

April 28, 2017 2319 Views 0 comment Print

In a significant ruling, the ITAT Chennai held that the private open terrace attached with residential unit would form part of built- up area for the purpose of computing deduction under section 80-IB(10) of the Income Tax Act if the same was included in the house project approved by the local authority.

Brand usage – not an international transaction

April 27, 2017 1251 Views 0 comment Print

Whether the usage of foreign Associated Enterprise (AE) brand name on the cars manufactured and sold by the tax payer amounted to rendering of brand promotion service, and whether it constituted an international transaction under section 92B of the Income-tax Act, 1961(Act).

ITAT on TP adjustment on account of Compensation for deemed brand development

April 27, 2017 1320 Views 0 comment Print

The first question that we need to decide is whether the benefit accruing to the HMC Korea, as a result of increased brand value due to sale of Hyundai cars in India by the assessee company, constitutes an international transaction.

IT Exemption cannot be denied to South Indian Film Chamber of Commerce

April 5, 2017 807 Views 0 comment Print

In this appeal filed by the Revenue, it is aggrieved that ld. Commissioner of Income Tax (Appeals) allowed the assessee claim for its exemption u/s.11 of the Income Tax Act, 1961 (in short BC the Act CC). Appeal has been filed with a delay of ten days. Condonation petition has been filed. Delay is condoned and appeal admitted.

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