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ITAT Chennai

Gratuity cannot be disallowed merely for inconsistent entries in explanation of section 143(1)(a)

November 21, 2022 2850 Views 0 comment Print

Deduction of gratuity is available in substantive law and it cannot be disallowed merely by reference of inconsistent entries in explanation of s. 143(1)(a) of Income Tax Act being a procedural provisions, it shall not take away right confirmed in s. 37 r/w s. 40A(7) and s. 36(1)(v).

Addition of unexplained income unsustainable as source of money and identity of creditors explained

November 21, 2022 1278 Views 0 comment Print

ITAT Chennai held that addition of unexplained income unsustainable as source of money including identity of the creditors is duly explained by the assessee and further the amount has been transferred through proper banking channel only.

Appeal shall be revived once appellant violates any of the condition under DTVSVS Act, 2020

November 21, 2022 1266 Views 0 comment Print

ITAT Chennai held that it is fact that under Direct Tax Vivad Se Vishwas Act 2020 declarant cannot challenge sum payable before any appellate forum however once the declarant violates condition of DTVSVS Act 2020 the same can be revived by the Department.

CUP method consistently followed to bench mark transaction with AE cannot be unreasonably rejected

November 17, 2022 1869 Views 0 comment Print

ITAT Chennai held that TPO unreasonably rejected the CUP method consistently followed by the assessee to bench mark international transaction with its Associated Enterprise as there was no change in the facts and circumstance of the case for the impugned Assessment Year.

Addition on third-party information without corroborative evidence is unsustainable

November 16, 2022 8871 Views 0 comment Print

ITAT Bangalore held that addition merely on the basis of third-party information, without any corroborative evidence, gathered by the Investigation Wing of the Department is unsustainable in law.

LTCG on land co-owned cannot be assessed in the hands of single owner

November 16, 2022 2046 Views 0 comment Print

ITAT Chennai held that assessment of Long Term Capital Gain entirely in the hands of assessee instead of all the co-owners of the land is unsustainable in law. LTCG should be assessed in the exact proportion to the extent the land belongs to each such co-owners.

Expenditure of Bio-technology Research & Development allowed before commencement of business

November 16, 2022 972 Views 0 comment Print

ITAT Chennai held that expenditure of Bio-technology Research & Development cannot be disallowed simply on the allegation that expenditure was incurred before the commencement of a new line of business as such matching concept not application in the present case.

2G Spectrum case Legal expense for directors cannot be treated as personal without examining outcome of CBI Court judgment

November 16, 2022 684 Views 0 comment Print

Kalaignar TV Pvt. Ltd. Vs ACIT (ITAT Chennai)  The assessee has claimed legal expenses and travelling & conveyance expenses before the Assessing Officer. The Assessing Officer mainly disallowed the expenditure claimed by the assessee on the ground that the legal proceedings was undertaken in respect of the charges framed against the Directors and shareholders of […]

Exemption u/s 54 of Income Tax Act includes more than one residential house

November 14, 2022 13527 Views 0 comment Print

ITAT Chennai held that capital gain exemption under section 54 of the Income Tax Act includes investment in purchase or construction of one or more than one residential house

Commission income not falls under presumptive taxation scheme

November 7, 2022 20262 Views 0 comment Print

Euro Home Vs DCIT (ITAT Chennai) CIT(A) held that the provisions of Sec.44AD would not apply to commission income and the rental income received would be assessed under Income from House Property. Accordingly, the appeal was dismissed against which the assessee is in further appeal before us. ITAT find that commission income would not come […]

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