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ITAT Chennai

Addition for cash deposit During Demonetisation – ITAT allows assessee to substantiate source of cash deposit

November 7, 2022 1038 Views 0 comment Print

Devarajulu Natarajan Vs ITO (ITAT Chennai) Ld. CIT(A), noted that post demonetization, cash deposited in State Bank of Hyderabad was only Rs.2.50 Lacs and cash deposited in Canara bank was Rs.6 Lacs only. Accordingly, the addition was restricted to Rs.8.50 Lacs. Aggrieved, the assessee is in further appeal before us. The Ld. AR pleaded for […]

Value of goods duly accepted by excise department cannot be re-valued by AO

November 6, 2022 573 Views 0 comment Print

ITAT Chennai held that as the value of goods are duly accepted by the Central Excise department without there being any modification then AO doesn’t have any jurisdiction to go beyond the same.

Section 154- No legal or factual issue on merits can be argued or re-argued if issue is highly debatable

November 6, 2022 819 Views 0 comment Print

Raymold Lighting Pvt. Ltd. Vs ITO (ITAT Chennai) ITAT noted that this appeal is against the rectification order passed by A.O and the impugned order by CIT(A) on this order of rectification u/s. 154 of the Act dated 27.09.2017. We noted that in the original appeal filed before CIT(A) by the assessee, the assessee has […]

Maintenance charges from letting out services taxable as income from other sources

November 6, 2022 1482 Views 0 comment Print

Once the maintenance charges were attributable to the letting out services provided, same derived from providing services was to be considered under the head income from other sources  and not income from house property

ITAT deletes penalty for delay in submission of Tax Audit as Assessee was unwell & his Accountant left without prior notice

November 6, 2022 951 Views 0 comment Print

Saravana Foundation Vs ITO (ITAT Chennai) Against levy of penalty under section 271B of the Act, the assessee has submitted the reasons for the delay in filing the audit report before the ld. CIT(A) that the accounts audited under section 44AB of the Act belatedly as the assessee was not keeping good health and the […]

649 days Delay due to Professional Commitments of Auditor cannot be condoned

November 6, 2022 753 Views 0 comment Print

Delay cannot be condoned as Assessee could not file any evidences as to how Assessee’s Counsel was preoccupied in his professional commitments for 649 days.

Section 143(1) adjustment unsustainable – Rental Income treated as Business Income

November 6, 2022 1626 Views 0 comment Print

The Ld. AR has also submitted that the case for this year was picked up for scrutiny wherein the rental income has been assessed by AO as ‘business income’.

No addition for undisclosed income if no incriminating material found during search

November 6, 2022 1173 Views 0 comment Print

ITAT Chennai held that undisclosed income allegation unsustainable as during search no incriminating material was found in respect of on-money receipt and AO also failed to establish the receipt of the same.

Interest on Loans utilized for Business allowable as Business Expenditure

November 4, 2022 477 Views 0 comment Print

Loans obtained by assessee were utilized for its business purposes and therefore, interest so paid would constitute business expenditure and accordingly, an allowable deduction.

Section 56(2)(vii) doesn’t apply to property received under will/ inheritance

November 3, 2022 3408 Views 0 comment Print

ITAT Chennai held that provisions of section 56(2)(vii) of the Income Tax Act doesnt apply when the property received under a will or by way of inheritance

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