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Landmark Rulings

ITAT Chennai — Direct Tax

572 rulings

  1. ITAT Chennai · 03 Sep 2022
    Despite having a noble objective, Assessee could not be said to be a charitable trust eligible for registration under Section 12AA.

    Dhan Housing and Habitat Development of Poor for Empowerment Confederation Vs CIT (Exemptions)

    (2022) TaxCorp(LJ) 30009 (ITAT-CHENNAI)

  2. ITAT Chennai · 01 Sep 2022
    Amounts credited in favour of non-resident, were not at the disposal or control of statutory agent and therefore, cannot be charged to tax on the basis of receipt of income, actual or constructive in the taxable countries.

    United India Insurance Co. Ltd Vs Assistant Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29984 (ITAT-CHENNAI) · Section 40(a)(i)

  3. ITAT Chennai · 26 Aug 2022
    Nature of payment which has been claimed to be compensation for vacating land and handing over peaceful possession, is nothing but compensation made to the self.

    Jayapal Sanjay. Vs DCIT

    (2022) TaxCorp(LJ) 29957 (ITAT-CHENNAI)

  4. ITAT Chennai · 10 Aug 2022
    Assessee could not substantiate or produce any evidence to correlate the expenses and thus disallowance is confirmed.

    VVV & Sons Edible Oils Ltd Vs The ACIT

    (2022) TaxCorp(LJ) 29864 (ITAT-CHENNAI)

  5. ITAT Chennai · 30 Jul 2022
    No disallowance can be made by invoking the provisions of Section 14A read with Rule 8D(2) where the Assessee had not earned any exempt income.

    Maxivision Eye Hospital Pvt. Ltd Vs The DCIT

    (2022) TaxCorp(LJ) 29788 (ITAT-CHENNAI) · Section 14A

  6. ITAT Chennai · 30 Jul 2022
    Explanation 2(c) of Section 147 squarely applies to wherein the income is subject to excess relief or excessive allowance during the original assessment.

    The Dharmapuri District Central Co-operative Bank Ltd Vs JCIT

    (2022) TaxCorp(LJ) 29787 (ITAT-CHENNAI)

  7. ITAT Chennai · 28 Jul 2022
    The deemed dividend can be taxed only in the hands of the registered shareholder of the company and not in the hands of the company which has received the loan.

    Pallava Resorts Private Limited Vs The Income Tax Officer

    (2022) TaxCorp(LJ) 29775 (ITAT-CHENNAI) · Section 2(22)(e)

  8. ITAT Chennai · 27 Jul 2022
    The time at which the residual EIS as receivable by the assessee would become determinate only on the day when the Trust is aware of the amounts determined on each payout date.

    Cholamandalam Investment & Finance Co. Ltd Vs ACIT

    (2022) TaxCorp(LJ) 29768 (ITAT-CHENNAI)

  9. ITAT Chennai · 25 Jul 2022
    The expenditures are relating to 2G Spectrum Scam in which the directors and shareholders of the Assessee were accused, thus, it is not incurred wholly and exclusively for the purpose of business.

    Kalaignar TV Pvt. Ltd. Vs The Assistant Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29751 (ITAT-CHENNAI)

  10. ITAT Chennai · 16 Jul 2022
    Final assessment order under Section 143(3) should have been framed on or before Dec 31, 2010 but actually framed only on Feb 22, 2011, is barred by limitation.

    Pearson India Education Services Pvt. Ltd Vs The Income Tax Officer

    (2022) TaxCorp(LJ) 29703 (ITAT-CHENNAI)

  11. ITAT Chennai · 16 Jul 2022
    The bank account which was not disclosed in the return of income filed cannot be considered at this stage for the reason that it is not legally tenable.

    Dr. (Late) S.F.V. Selvaraj Vs The Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29702 (ITAT-CHENNAI)

  12. ITAT Chennai · 16 Jul 2022
    Loss must be deemed to have arisen only when the employer comes to know about it and realizes that the amount embezzled cannot be recovered, no doubt, it came to its knowledge prior.

    George Oakes Ltd Vs The ACIT

    (2022) TaxCorp(LJ) 29700 (ITAT-CHENNAI)

  13. ITAT Chennai · 09 Jul 2022
    Appeals filed by the Revenue is covered under CBDT Circular No. 3/2018 without any exception as provided under clause 10(a) of the said circular and thus, appeals filed by the Revenue in all these cases are not maintainable.

    Madurai District Central Cooperative Bank Ltd Vs The Income Tax Officer

    (2022) TaxCorp(LJ) 29638 (ITAT-CHENNAI)

  14. ITAT Chennai · 19 Feb 2021
    U/s 292C documents found in possession of person is presumed to belong to such person.

    Raju P. Mehta Vs The DCIT

    (2022) TaxCorp(LJ) 29612 (ITAT-CHENNAI)

  15. ITAT Chennai · 02 Jul 2022
    The Assessee cannot claim that she was ignorant of law and because of her ignorance, she could not file appeal against the order of the PCIT.

    Preeti Madhok Vs The Income Tax Officer

    (2022) TaxCorp(LJ) 29565 (ITAT-CHENNAI)

  16. ITAT Chennai · 25 Jun 2022
    It could not be said that the business was not set-up since the assessee had procured the land and partially constructed building during the year which was a vital step to commence the business activities for assessee.

    RBL Hotels Private Limited Vs ACIT

    (2022) TaxCorp(LJ) 29520 (ITAT-CHENNAI)

  17. ITAT Chennai · 12 Mar 2021
    Sufficient cause under the Limitations Act should be construed liberally to advance substantial justice.

    Inscribe Graphics Ltd. Vs The Assistant Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29507 (ITAT-CHENNAI)

  18. ITAT Chennai · 01 Apr 2021
    If funds kept in fixed deposits is having inextricable link with project, then interest earned on short term deposits should be reduced from work in progress, but cannot be assessed under the head income from other sources.

    Hitachi Automotive Systems (India) Pvt. Ltd Vs The Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29483 (ITAT-CHENNAI)

  19. ITAT Chennai · 07 Apr 2021
    The payment made by the assessee is in the nature of royalty as defined under Explanation 2(1) to Section 9(1)(vi) and liable for TDS u/s 195.

    Ambika Cotton Mills Ltd Vs The Dy. Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29445 (ITAT-CHENNAI) · Section 195

  20. ITAT Chennai · 21 Jun 2022
    The assessment order is neither erroneous nor prejudicial to the interest of the Revenue and PCIT erred in revising the assessment order.

    Coimbatore Vaiyapuri Maathesh Vs The Income Tax Officer

    (2022) TaxCorp(LJ) 29440 (ITAT-CHENNAI) · Section 270A

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