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ITAT Chennai

Disallowance of expense u/s 40(a)(ia) untenable when TDS deducted at lower rates

December 12, 2022 2535 Views 0 comment Print

ITAT Chennai held that if TDS is deducted by applying wrong provisions or at lower rates, the sum paid cannot be disallowed attracting provisions of section 40(a)(ia) of the Income Tax Act.

Interest on loan cannot be treated as unexplained

December 12, 2022 1410 Views 0 comment Print

Sathyanarayanan Radhika Vs ACIT (ITAT Chennai) ITAT noted that the loan amount of Rs. 1.25 Crores was taken in previous year from Shri R. Sathyanarayanan and the balance amount of Rs. 17,00,690/- was interest on the loan amount and this cannot be treated as unexplained and moreover, there is no failure of the provisions of […]

TDS credit available in year in which corresponding income is offered to tax

December 9, 2022 15171 Views 0 comment Print

ITAT Chennai held that TDS credit of the earlier financial years is available as income relating to said TDS has been offered to tax for the impugned assessment years on the basis of mercantile system of accounting.

Exemption u/s 10A of the Income Tax Act not available when return is filed belatedly

December 7, 2022 3429 Views 0 comment Print

ITAT Chennai held that return of income has to be filed as per section 139 of the Income Tax Act for claiming benefit under section 10A. Exemption under section 10A is not available in case the return is filed belatedly.

ITAT set aside Addition for cash deposit against property sale without providing opportunity to examine buyer

December 6, 2022 1626 Views 0 comment Print

R. Yuvaraj Vs ITO (ITAT Chennai) In the assessment order, the Assessing Officer asked the assessee to prove the source of the additional amount of ₹.52 lakhs found deposited in his savings bank account with Andhra Bank, Medavakkam. Since the assessee has not furnished any evidence for having received money from the purchaser Shri Parthasarathy, […]

Addition towards undisclosed income sustained as claiming gift from husband is afterthought

December 5, 2022 2712 Views 0 comment Print

ITAT Chennai held that assessee already admitted the fact of not disclosing four properties in the books of accounts and thereafter couldn’t explain the source of the purchase of four properties. Claiming that the same is gift from her husband is just an afterthought. Accordingly, additions sustainable.

Wastage charges doesn’t involve any payment and hence TDS u/s 194C not deductible

December 2, 2022 3480 Views 0 comment Print

ITAT Chennai held that in case of wastage charges there is no payment and once there is no payment there is no question of deduction of TDS under section 194C of the Income Tax Act.

Depreciation allowed on foreign exchange fluctuation loss on loan for purchase of windmill 

December 1, 2022 1602 Views 0 comment Print

Super Sales India Ltd. Vs DCIT (ITAT Chennai) Assessee has purchased windmill and capitalized the same in its books of accounts. The assessee purchased this machinery indigenously and hence, provisions of section 43A will not apply. But, since the assessee has capitalized and claimed depreciation in spread over years and assessments have become final and […]

Addition of cash deposited out of marriage gift u/s 69A partly deleted

December 1, 2022 2013 Views 0 comment Print

ITAT Chennai held that addition for cash deposits out of marriage gift under section 69A partly deleted as in Indian Customs during marriages guests and relatives will give gift depending upon their social status and economic condition

Entire sale consideration taxable in the hands of owner as GPA not accounted in his return

November 28, 2022 12246 Views 0 comment Print

ITAT Chennai held that as the PoA and sale deed are executed on the same day clarifies that PoA holder has no legal right or interest in the property. Further, GPA (General Power of Attorney) has not accounted for consideration in his ROI. Hence entire sale consideration taxable in the hands of assessee.

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