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ITAT Chennai

Section 80-IB(10): Open terrace area excluded by Local Authority from working of built-up area cannot be included by revenue

November 29, 2017 1503 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Chennai, on Wednesday, brought in further clarity to one of its previous orders regarding the inclusiveness of private open terrace in build-up area of a flat, for the purpose of deductions as per Section 80-IB(10) of the Income Tax Act.

TDS U/s. 194J not applicable on Roaming Charges

November 23, 2017 1218 Views 0 comment Print

Tribunal found that roaming charges cannot be considered as fee for technical services, therefore, the provisions of Section 194J of the Income-tax Act, 1961 is not applicable.

Interest U/s. 234A cannot be levied on Assessment considering return filed U/s. 139(1)

October 13, 2017 5973 Views 0 comment Print

G. Narasiman Vs. ITO (ITAT Chennai) Belated return filed under section 139(4) could not be revised under section 139(5). Therefore, revised return filed by assessee was invalid and to frame assessment by considering such return as return filed under section 139(1) was in conflict with charging interest under section 234A for delay in filing of […]

Computation of interest U/s. 234B when Assessment order was subjected to revision U/s. 263

October 11, 2017 20061 Views 0 comment Print

Where original assessment order was subjected to revision under section 263, interest under section 234B would be charged till completion of assessment under section 143(3) read with section 263.

Assessee is expected to explain source for acquisition of jewellery

September 27, 2017 984 Views 0 comment Print

A. Ramalingam Vs Income Tax officer (ITAT Chennai) The exemption claimed by the assessee under CBDT circular is only for seizure of gold jewellery during the course of search operation. As rightly submitted by the Ld. Departmental Representative, it does not absolve the assessee from explaining the source for acquisition of such jewellery. Therefore, the […]

Two different floors of one house property cannot be treated as two different residential houses

September 1, 2017 25749 Views 0 comment Print

Where assessee purchased Ground Floor of the house property and had also purchased first floor of the said house property and deduction for both the ground floor and the first floor under section 54F by treating both the floors as one single residential unit thus he was entitled to became two different floors of one house property could not be treated as two different residential houses.

Penalty U/s. 271(1)(c) leviable on Income disclosed in return filed pursuant to notice U/s. 153A without proper explanation

June 6, 2017 8088 Views 0 comment Print

Where no return was filed prior to the date of search and a return had been filed only after the issue of notice under section 153A and in respect of income offered by assessee no proper explanation was provided regarding nature and source of income, AO was justified in initiation of penalty proceedings under section 271(1)(c).

Exemption to State Cricket Association cannot be denied for providing stadium to conduct matches

May 31, 2017 2316 Views 0 comment Print

Whether the activity of conducting one-day matches’T-20 matches and Indian Premier League matches by Tamil Nadu Cricket Association would amount to doing business or trade?

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

May 31, 2017 2745 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 5049 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.

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