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ITAT Chennai

Exemption u/s 11 available as renting of auditorium is incidental to fulfilment of object of trust

January 18, 2023 4182 Views 0 comment Print

ITAT Chennai held that renting of auditorium for the purpose of conducting guest lectures or topics to address the students is incidental to fulfilment of the object of the trust i.e. education. Accordingly, exemption under section 11 of the Income Tax Act available.

ITAT directs AO to consider settlement of dispute subsequent to Asset Purchase Agreement

January 15, 2023 708 Views 0 comment Print

ACIT Vs Calchennai Mobile Worx P. Ltd (ITAT Chennai) As per asset purchase agreement between the assessee and the purchaser, agreed consideration for transfer of business/asset is Rs 5.76 crores. In fact, the buyer has confirmed having paid entire agreed consideration for transfer of business. The assessee claims that it has received a sum of […]

Adjustment of incorrect claim apparent from any information in return is permissible u/s 143(1)

January 13, 2023 9789 Views 0 comment Print

ITAT Chennai held that post amendment w.e.f. 01.04.2008, the scope of adjustment u/s.143(1) of the Act has widened and enlarged. Accordingly, adjustments with regard to incorrect claim apparent from any information in the return of income permissible.

Invocation of section 147 untenable in absence of new/ fresh material indicating escapement of income

January 13, 2023 2148 Views 0 comment Print

ITAT Chennai held that AO having chosen not to scrutinize the return cannot resort to the provisions of section 147 of the Income Tax Act in absence of any new or fresh material indicating escapement of income.

Expense deducted from export turnover should be deducted from total turnover for computing deduction u/s 10A

January 12, 2023 726 Views 0 comment Print

ITAT Chennai held that while computing deduction under section 10A of the Income Tax Act expenses deducted from export turnover needs to be deducted from total turnover.

Provision for leave encashment and gratuity is allowable in book profit computed u/s 115JB

January 8, 2023 2895 Views 0 comment Print

ITAT Chennai held that addition of provisions for leave encashment and provision for gratuity to book profit computed u/s 115JB unsustainable as the same is ascertained liability.

Denial of deduction u/s 54 for mere technical breach is unjustified

January 8, 2023 2235 Views 0 comment Print

ITAT Chennai held that benefit of deduction under section 54 of the Income Tax Act cannot be denied for mere technical breach when the assessee has satisfied all the prescribed conditions.

Only net result of unaccounted purchases & sales is taxable

January 8, 2023 4425 Views 0 comment Print

We do not agree with the reasons given by the AO for the simple reason that when survey team was noticed unaccounted purchases & unaccounted sales and also difference has been treated as unaccounted income of the assessee, then question of making further additions towards unaccounted purchases does not arise. Moreover, it is only net result of unaccounted purchases & unaccounted sales, needs to be taxed.

Section 271(1)(b) Penalty cannot be imposed if Assessment was Completed U/s. 143(3)

January 8, 2023 42363 Views 0 comment Print

Sardarmal Kothari Vs ACIT (ITAT Chennai) ITAT held that when an assessment has been made under sec.143(3) and not under sec.144 of the I.T. Act, it means that subsequent compliance in the assessment proceedings was considered as good compliance and the defaults committed earlier were ignored by the Assessing Officer and, therefore, there is no […]

Debatable & contentious Issues cannot be Rectified under section 154

January 8, 2023 1485 Views 0 comment Print

ITAT held that first of all the assessee has offered this in assessment year 2007-08, it cannot be added again and moreover, this being highly contentious issue and debatable whether this is to be assessed in assessment year 2007- 08 or 2009-10, it cannot be rectified while acting u/s.154 of the Act.

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