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ITAT Chennai

TDS Credit eligible if Assessee offered income relating to said TDS

December 25, 2022 2409 Views 0 comment Print

N.C. Rajagopal & Co. Vs DCIT (ITAT Chennai) The assessee has claimed credit for TDS amounting to Rs. 45,59,855/-, whereas DCIT, CPC has allowed TDS credit for Rs. 33,35,055/-. We find that the assessee has claimed credit for TDS pertains to earlier financial years, because income relating to said TDS has been offered to tax […]

No prohibition under SBN Ordinance, 2016, to deal with Specified Bank Notes up to 31.12.2016

December 25, 2022 1893 Views 0 comment Print

Umamaheswari Vs ITO (ITAT Chennai) As regards, the first objection of the AO on legal tender of Specified Bank Notes on or after 08.11.2016, I find that as per the Specified Bank Notes (Cessation of Liabilities) Ordinance, 2016, which came into effect from 31.12.2016 appointed date for this purpose means 31.12.2016. Further, as per Sec.5 […]

Expenditure to make lease premises workable/ functional is revenue in nature

December 24, 2022 2940 Views 0 comment Print

ITAT Chennai held that expenditure towards furniture maintenance which is incurred to make the lease premises workable and functional is revenue in nature.

Higher depreciation @60% allowable to UPS and printers

December 23, 2022 1581 Views 0 comment Print

ITAT Chennai held that UPS and Printers being part of a computer systems and hence eligible for higher depreciation at the rate 60%

Exemption u/s 2(14) not deniable reasoning that land was sold to company not carrying agricultural operation

December 22, 2022 1758 Views 0 comment Print

ITAT Chennai held that test applied by AO that land was sold to a company which was not carrying agricultural operations is not justifiable for denying exemption to sale of agricultural land u/s 2(14) of the Income Tax Act.

Interest Paid on Belated Service Tax Payments is Allowable under section 37(1)

December 19, 2022 2445 Views 0 comment Print

ITAT held that the interest paid on belated payments of service tax is allowable for deduction under Section 37(1) of the Income Tax Act, 1961

Jewellery holding up to permissible limits prescribed in CBDT circular is allowable

December 17, 2022 2310 Views 0 comment Print

ITAT Chennai held that addition as unexplained investment for quantity of jewellery within the permissible limits as per CBDT instruction no. 1916 dated 11.05.1994 is unsustainable.

Disallowance u/s 40A(3) for non-production of bills- ITAT restricts Addition at 10% of such Purchases

December 13, 2022 1800 Views 0 comment Print

Velankanni Constructions Vs ACIT (ITAT Chennai) The assessee being resident firm is stated to be engaged in civil construction. The assessee could not produce bills or voucher for blue metal jelly purchase, brick purchase and sand purchase. The reasons adduced were that the assessee undertook work at remote places and was dependent on local supplies. […]

Date of allotment is to be considered for computing period of holding

December 12, 2022 4092 Views 0 comment Print

ITAT Chennai held that for the purpose of computing period of holding, date of allotment should be considered, but not the final sale deed executed for conveying the title and interest in the property.

Capital gain not assessable on land being an agricultural land

December 12, 2022 4602 Views 0 comment Print

DCIT Vs K. Dhandapani and Co. Ltd. (ITAT Chennai) ITAT Chennai held that assessee rightly proved that the land sold is agricultural land and agricultural activity was carried out on the same. Hence, the agricultural land is not assessable to capital gains. Facts- The only issue in this appeal of Revenue is as regards to […]

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