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ITAT Chennai

Exemption cannot be denied merely for claim under wrong section

May 15, 2015 3984 Views 0 comment Print

Annam Software Pvt. Ltd. vs. CIT (ITAT Chennai) Assesse, an EOU, filed its return claiming exemption u/s 10 B. A.O. rejected assesse’s claim. In appellate proceedings , assesse raised a plea that in relevant year it had claimed deduction u/s 10 A

Payment towards data storage charges to a non-resident is not royalty or fee for technical services

January 30, 2015 12133 Views 0 comment Print

The ITAT Chennai in the case of Vishwak Solutions Pvt. Ltd. held that the payments made to US based entity towards securing server space in US is not in the nature of fee for technical services or royalty within the meaning of Article 12 of India – US DTAA.

Section 54/54F exemption cannot be denied if amount been invested within time allowed u/s 139(4)

November 10, 2014 960 Views 0 comment Print

ITAT Chennai rules on exemption u/s.54/54F for residential property purchase; ‘due date’ clarified as extended under Section 139(4) of the Income Tax Act.

No TDS on Reimbursement of Leased Line Expense to Parent Company

September 2, 2014 762 Views 0 comment Print

ITAT Chennai ruling on reimbursement of communication expenses to foreign company and managing sales affairs outside India by International Flavours & Fragrances.

No disallowance U/s 14A if there is no exempt income

July 31, 2014 3619 Views 0 comment Print

Counsel for the assessee submits that assessee has not received any exempt income and in the absence of the assessee receiving any exempt income, there is no justification in deriving expenses attributable for earning income which is not received by the assessee.

TDS not deductible on payment to non-resident translator

July 30, 2014 7952 Views 0 comment Print

The Assessing Officer has made disallowance of Rs. 2.63 Crores under Section 40(a)(i) on account of non-deduction of tax at source on the payments made to non­resident translators. The authorities below have held translation services to be technical in nature.

For exemption u/s. 54F approval of building plan is not necessary

March 12, 2014 5330 Views 0 comment Print

The Hon’ble Chennai ITAT has in the case of B.Sivasubramanian,v/s ITO has held that there is no condition in the provisions of SEC 54F of the I.T Act,1961 that warrants that the building plan of the residential house constructed should be approved by the Municipal Corporation or any other competent authority.

For availing exemption u/s. 54F approval of building plan is not necessary

March 12, 2014 5171 Views 0 comment Print

The provisions of section 54F mandates the construction of a residential house, within the period specified. However, there is no condition that the building plan of the residential house constructed should be approved by the Municipal Corporation or any other competent authority. If any person constructs a house without approval of building plan, he will be raising construction at his own risk and cost. As far as for availing exemption u/s.54F, approval of building plan is not necessary.

Section 80P(4) not applies to assessee which is not a co-operative bank

February 11, 2014 1250 Views 0 comment Print

From the provisions of sub-section 4 of section 80P and the Explanation to section 80P, it is evident that the benefit of section 80P is not available to co-operative banks whereas the Primary Agricultural Credit Societies are entitled for the same.

Trust Eligible for Relief u/s in respect of income from pharmacy run by it with in its hospital premises

January 6, 2014 1283 Views 0 comment Print

The first item so considered by the assessing authority is the receipts from pharmacy section. It is to be seen that assessee is running a full-fledged general hospital at St. Thomas Mount. The assessing authority has, no doubt

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