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ITAT Chennai

Invocation of jurisdiction u/s 263 on same subject which was duly verified in reassessment proceeding unjustified

March 30, 2023 1554 Views 0 comment Print

ITAT Chennai held that AO duly verified the subject matter in re-assessment proceedings and concluded that LTCG declared by the assessee is genuine. Accordingly, setting aside the assessment order invoking revisional jurisdiction u/s 263 on the same subject matter unjustified.

Depreciation @15% is allowable on Robotix kits and not @60%

March 30, 2023 753 Views 0 comment Print

ITAT Chennai held that as computer and robotix kit is totally different, depreciation @15% and not @60% available on Robotix kits.

Amount paid by company on behalf of shareholder re-paid back in short period not a deemed dividend

March 27, 2023 2289 Views 0 comment Print

ITAT Chennai held that amount paid by company on behalf of shareholder which has been subsequently re-paid by the shareholder or his family members either on the same day or within a short period cannot be considered as loan or advance which can be treated as deemed dividend u/s.2(22)(e) of the Act.

AO doesn’t have power to change method of share price determination from DCF to NAV

March 25, 2023 1689 Views 0 comment Print

ITAT Chennai held that AO is free to examine the method through which the share price is determined. However, AO doesnot have power to change the method from discounted cash flow (DCF) as followed by assessee to Net Asset Value (NAV).

Addition to be made for unexplained cash found during search proceedings

March 24, 2023 3642 Views 0 comment Print

ITAT upheld additions towards cash seized during search proceedings as unexplained money, under Section 69A when assessee could not establish source for amount found.

Sale of property held with commercial intent taxable as business income, Section 50C inapplicable

March 22, 2023 2391 Views 0 comment Print

ITAT held that profit from sale of property purchased to exploit commercially and sold as a stock in trade cannot be assessed to tax under the head capital gain and shall be assessed under the head, profit and gains of business or profession;

Section 54F exemption available towards purchase of undivided share of land

March 20, 2023 5040 Views 0 comment Print

ITAT Chennai held that exemption under section 54F of the Income Tax Act duly available towards purchase of undivided share of land.

Benefit of deduction u/s 80IB(10) available on profit on transfer of flat to partners

March 20, 2023 1776 Views 0 comment Print

ITAT Chennai held that profit on transfer of flats to partners is computable in the hands of firm, however, benefit of deduction u/s 80IB(10) of the Income Tax Act duly available even on transfer of flats to the partners by way of MOU.

Revision order u/s 263 rightly passed as AO failed to examine cash deposited during demonetization

March 17, 2023 2877 Views 0 comment Print

ITAT Chennai held that as cash deposited by assessee received from petty shop owners on account of sale of its product during demonetization period was not examined by AO during assessment. Accordingly, PCIT rightly passed revision order u/s 263 directing AO to carry out necessary verification.

No section 271B penalty for mere venial technical breach of delay in filing tax audit report

March 13, 2023 3531 Views 0 comment Print

ITAT Chennai held that as per assigning reasons for delay in filing audit report under section 44AB is venial technical breach and accordingly penalty under section 271B of the Income Tax Act not leviable.

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