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Landmark Rulings

ITAT Chennai — Direct Tax

572 rulings

  1. ITAT Chennai · 31 Dec 2022
    Once the income is offered in subsequent years and accepted during assessment framed under Section 143(3), no addition can be sustained in relevant assessment years.

    Amec Foster Wheeler India Pvt. Ltd Vs The ACIT

    (2022) TaxCorp(LJ) 30703 (ITAT-CHENNAI)

  2. ITAT Chennai · 24 Dec 2022
    The issue of amendment brought in Section 80JJA by inserting proviso which has relaxed condition in regard to number of days of employment of new employees has been interpreted as retrospective in nature.

    Craftsman Automation Pvt. Ltd Vs The Joint Commissioner of Income Tax

    (2022) TaxCorp(LJ) 30673 (ITAT-CHENNAI) · Section 80JJAA

  3. ITAT Chennai · 06 Dec 2022
    Assessee’s intention to conceal income is further proved by the fact that the PAN of PoA holder was only given for TDS purposes as if he was the only recipient of the sale consideration.

    Dr. Sabesan Parameswaran Vs The ACIT

    (2022) TaxCorp(LJ) 30561 (ITAT-CHENNAI)

  4. ITAT Chennai · 03 Dec 2022
    The Assessee has made complete disclosure of facts and the issue whether interest received from the idle funds in the form of FDRs is a capital or revenue receipt is highly debatable.

    Nagarjuna Oil Corporation Ltd Vs The ACIT

    (2022) TaxCorp(LJ) 30545 (ITAT-CHENNAI)

  5. ITAT Chennai · 25 Nov 2022
    Services rendered by Dollar Team of Indian holding company neither preparatory nor auxiliary, but main functions of a business entity.

    Redington Distribution Pte. Ltd Vs M/s.Redington Distribution Pte. Ltd.

    (2022) TaxCorp(LJ) 30491 (ITAT-CHENNAI)

  6. ITAT Chennai · 19 Nov 2022
    The expenses deducted from export turnover needs to be deducted from total turnover.

    Pentasoft Technologies Ltd. Vs The Income Tax – Officer (OSD)

    (2022) TaxCorp(LJ) 30458 (ITAT-CHENNAI) · Section 10A

  7. ITAT Chennai · 17 Nov 2022
    VAT collected and paid by Assessee under the provisions of Tamil Nadu VAT Act, 2006 is an allowable expenditure and cannot be disallowed under the amended provisions of section 40(a)(iib).

    Tamilnadu State Marketing Corporation Ltd. Vs The ACIT

    (2022) TaxCorp(LJ) 30447 (ITAT-CHENNAI) · Section 40(a)(iib)

  8. ITAT Chennai · 12 Nov 2022
    An appeal or claim pending before the appellate fora which were earlier withdrawn in terms of certificate issued by VsV authority shall deemed to have be revived, the moment any of the condition stipulated in the certificate is violated.

    Lifecell International Pvt. Ltd Vs ACIT

    (2022) TaxCorp(LJ) 30413 (ITAT-CHENNAI)

  9. ITAT Chennai · 05 Nov 2022
    The provisional approval granted by the Revenue for claiming exemption under Section 80G is applicable from the beginning of AY in which application was made and not from the date on which provisional approval was granted.

    NSR Charitable Trust Vs The PCIT

    (2022) TaxCorp(LJ) 30366 (ITAT-CHENNAI) · Section 80G

  10. ITAT Chennai · 05 Nov 2022
    Penalty of Rs. 1.5 Lac levied by Revenue under Section 271B is being deletd.

    Perfect Stone Limited Vs The Assistant Commissioner of Income Tax, National Faceless

    (2022) TaxCorp(LJ) 30365 (ITAT-CHENNAI)

  11. ITAT Chennai · 04 Nov 2022
    The observation of the AO is nothing, but a suspicion, because as claimed by the AO, the sales declared by the assessee for the AY 2017-18, is not increased when compared to last Financial Year.

    Asokan Meena Vs The Income Tax Officer

    (2022) TaxCorp(LJ) 30357 (ITAT-CHENNAI)

  12. ITAT Chennai · 04 Nov 2022
    Services rendered by marketing partner in terms of agreement was in the nature of FTS and in absence of tax deduction at source, the expenditure was liable to be disallowed under Section 40(a)(i).

    Sunsmart Technologies Pvt. Ltd Vs The Asst. Commissioner of Income Tax

    (2022) TaxCorp(LJ) 30356 (ITAT-CHENNAI)

  13. ITAT Chennai · 21 Oct 2022
    When the valuation of the property was referred to the DVO, Revenue ought to have waited for the DVO’s report to ascertain the fair market value of the property for the purposes of Section 56(2)(vii)(b).

    Sudalaimani Palanivelrajan Vs The Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 30301 (ITAT-CHENNAI) · Section 56(2)(vii)(b)

  14. ITAT Chennai · 08 Oct 2022
    Exemption under Section 11 is to be restricted only to the amount diverted in violation of Section 13.

    Mumbai Education Trust Vs DY.CIT (E)

    (2022) TaxCorp(LJ) 30209 (ITAT-CHENNAI) · Sections 11, 13

  15. ITAT Chennai · 08 Oct 2022
    Assessee is entitled to Section 80-IA deduction claimed by the way of revised return filed within the time available under Section 139(5).

    Aquasub Engineering Vs The DCIT

    (2022) TaxCorp(LJ) 30208 (ITAT-CHENNAI) · Section 80-IA

  16. ITAT Chennai · 24 Sep 2022
    The Assessee is not entitled for depreciation on plant & machinery as the assets had not been put to use in its business.

    PVP Ventures Ltd. Vs The Dy. Commissioner of Income Tax

    (2022) TaxCorp(LJ) 30130 (ITAT-CHENNAI)

  17. ITAT Chennai · 24 Sep 2022
    The assessment of long term capital gains pertaining to receipts for compulsory acquisition of land under Tamil Nadu Highways Act, 2001, should have been done in exact proportion of the land belonging to each of the co-owner and remits the matter back to the file of Revenue for fresh adjudication.

    E. Murugan Vs The Income Tax Officer

    (2022) TaxCorp(LJ) 30126 (ITAT-CHENNAI)

  18. ITAT Chennai · 23 Sep 2022
    Revenue is bound to apply value of goods declared for central excise purpose, because central excise authorities are competent to determine value of product for the purpose of duty levy.

    Kamivisa Products Vs Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 30116 (ITAT-CHENNAI)

  19. ITAT Chennai · 17 Sep 2022
    There is no question of any capital gain as all assets and liabilities were transferred at book value and the question of determination of capital gains does not arise.

    Univercell Telecommunications India-Pvt. Ltd Vs The Dy. Commissioner of Income Tax

    (2022) TaxCorp(LJ) 30083 (ITAT-CHENNAI)

  20. ITAT Chennai · 17 Sep 2022
    The asset is in the nature of stock-in-trade and the income arising from the sale of asset is taxable as business income in the hands of the Assessee.

    Bharat Promoters Vs The Assistant Commissioner of Income Tax

    (2022) TaxCorp(LJ) 30081 (ITAT-CHENNAI)

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