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ITAT Chennai

AO not permitted to take different stand on same issue over different years: ITAT Chennai

November 9, 2024 2676 Views 0 comment Print

ITAT Chennai held that an AO is not permitted to take different stand on the same issue and same set of facts over different years. Thus, exemption u/s. 11 granted in spite of the fact that return was filed using ITR-6.

Action of AO based on High Court decision not erroneous hence jurisdiction u/s. 263 unjustified

November 9, 2024 606 Views 0 comment Print

ITAT Chennai held that action of AO based on jurisdictional High Court decision as prevalent on the specified time, which was later on reversed by the Supreme Court, cannot be held to be erroneous and prejudicial to the interest of revenue.

Dismissal of condonation of delay for non-filing of condonation petition untenable: ITAT Chennai

November 8, 2024 705 Views 0 comment Print

ITAT Chennai held that the condonation of delay should not be dismissed for the reason that the appeal filed belatedly is not accompanied by condonation petition. Thus, order set aside and matter remanded back.

No Penalty for Section 35(2AB) Disallowance if ITR filed before receipt of DSIR Certificate

October 28, 2024 384 Views 0 comment Print

ITAT Chennai allowed the appeal of Tractors and Farm Equipment Ltd, overturning the penalty under section 271(1)(c) for inaccurate income particulars.

Section 68 Unexplained Bank Deposit Additions: ITAT Orders Reassessment

October 27, 2024 5151 Views 0 comment Print

ITAT Chennai remands case back to AO for de novo assessment in Sardar Jabasingh vs ITO over unexplained cash deposits under Section 68. Read full details.

ITAT Chennai Orders Reassessment of Income Sources Post-Cash Seizure during Vellore elections

October 27, 2024 384 Views 0 comment Print

ITAT Chennai orders reassessment in G. Elumalai case, allowing for verification of agricultural and rental income sources after cash seizure during Vellore elections.

No section 68 addition on account of unaccounted cash receipts without corroborative evidences

October 23, 2024 1002 Views 0 comment Print

The evidences relied upon by AO in the form of excel sheets did not constitute adequate evidence to draw adverse inference against tassessee, in the absence of any other corroborative evidences.

Profits estimated at 10% of contractual receipts hence no separate disallowance u/s. 40A(3) or 40(a)(ia) warranted: ITAT Chennai

October 19, 2024 492 Views 0 comment Print

The assessee is a contractor who is involved in the construction of roads, bridges, runways and tunnels etc. The assessee is also engaged in the business of operating petrol bunks, cinema theatres and manufacture of blue metals and ready-mix concrete.

No Addition u/s 56(2)(viib) as Rule 11UA Permits 10% Tolerance on Issue Price vs FMV

October 10, 2024 762 Views 0 comment Print

The difference in the fair market value and the issue price of compulsory convertible preference shares was only 0.65%, therefore as per Rule 11UA issue price was deemed to be fair market value and hence no scope for addition required to be made u/s. 56(2)(viib).

Disallowance u/s 14A was computed @ 0.5% of exempt income earned based on Rule 8D(2)(iii)

October 9, 2024 318 Views 0 comment Print

Assessee challenged the disallowance before the Chennai bench of ITAT arguing that the disallowance of Rs. 134.25 crore under Section 14A was excessive and not justified because only Rs. 74.98 lakh had been spent to earn the exempt income.

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