-
ITAT - It was proved that the persons who paid rent of community hall and who paid the corpus donation were same. This is an act of quid pro for hiring the hall and no question of voluntary contribution in this payment. Exemption u/s 11 denied.
The Deputy Commissioner of Income-tax (Exemptions) -II, Chennai Versus M/s. Chennai Kammavar Trust
(2017) TaxCorp(LJ) 12826 (ITAT-CHENNAI) · http://taxcorp.in/FileOpenDT.aspx?ID=55983&Category=ITAT&CategoryType=Zip
-
ITAT - CIT (A) rightly held the asset as short term capital asset and the gains should be taxed as short term capital gains since the holding period was less than 36 months from the date of conversion of stock in trade in to the capital asset.
Deensons Trading Co. (P.) Ltd. Versus Income Tax Officer, Co. Circle - I (4), Chennai
(2017) TaxCorp(LJ) 12824 (ITAT-CHENNAI) · http://taxcorp.in/FileOpenDT.aspx?ID=55971&Category=ITAT&CategoryType=Zip
-
ITAT - No deduction u/s. 80-IA on ‘Clean Development Mechanism’ (CDM) receipt by the assessee in respect of it’s two power generating units.
S.P. Spinning Mills Pvt. Ltd. Versus Asst. Commissioner of Income Tax, Circle-1 (1), Salem
(2017) TaxCorp(LJ) 12814 (ITAT-CHENNAI) · http://taxcorp.in/FileOpenDT.aspx?ID=55950&Category=ITAT&CategoryType=Zip
-
ITAT - Where the assessee is unable to furnish any explanation, duly supported, it cannot be said to be saved by clause (A) or clause (B) of Explanation 1 to s. 271(1)(c). Penalty u/s 271(1)(c) on false depreciation claim made by assessee company is valid.
Sundaram Fasteners Ltd. vs. ADIT
(2017) TaxCorp(LJ) 12799 (ITAT-CHENNAI)
-
Transfer Pricing AMP Adjustment: Entire law on whether the advertisement expenditure incurred by the Indian AE towards brand of a foreign company can be treated as an “international transaction” and whether a notional adjustment can be made in the hands of the Indian AE towards compensation receivable from the foreign AE for “deemed brand development” explained
Hyundai Motor India Limited vs. DCIT
(2017) TaxCorp(LJ) 12797 (ITAT-CHENNAI)
-
ITAT - No exemption u/s 11 on subscription and delegates fees collected from members, based on the principle of mutuality.
Employers’ Federation of Southern India Versus Assistant Director of Income-Tax (Exemption) -III
(2017) TaxCorp(LJ) 12794 (ITAT-CHENNAI) · http://taxcorp.in/FileOpenDT.aspx?ID=54947&Category=ITAT&CategoryType=Zip
-
Taxability of "Other income" under DTAA: Income which is not chargeable under specific provisions of Articles 6 to 21 cannot be taxed under the residuary provision. Only income not covered by specific Articles (e.g. alimony, lottery income, gambling income, damages etc) can be charged as "Other income"
DCIT vs. Ford India Limited
(2017) TaxCorp(LJ) 12381 (ITAT-CHENNAI)
-
ITAT - Sec. 292BB of the Act can cure only were a notice is claimed by a assessee not to have been served on him or served on him out of time or served in an improper manner. It cannot cure a situation were there was no issue of notices u/s.148 or u/s.143(2).
Shri. Deen Dayal Kothari Versus The Income Tax Officer, Business Ward VIII (3), Chennai
(2017) TaxCorp(LJ) 12310 (ITAT-CHENNAI) · http://taxcorp.in/FileOpenDT.aspx?ID=54840&Category=ITAT&CategoryType=Zip
-
ITAT - assessee’s main purpose of acquiring second hand windmill was reduction of tax liability, by claiming depreciation on enhanced cost. Expl.3 to Sec. 43(1) applicable. Depreciation disallowance upheld.
Smt. V. Sabithamani vs. ACIT
(2017) TaxCorp(LJ) 12254 (ITAT-CHENNAI) · Section. 43(1)
-
ITAT - No tax is needed to be deducted at source u/s 195 as the amount paid does not amount to ‘royalty’. Therefore, the disallowance under section 40(a)(i) for non-deduction at source on the amount paid to FSC for the time charter hire is erroneous.
M/s. Sical Logisticts Ltd. Versus The Assistant Director of Income-tax, International Taxation, Chennai
(2017) TaxCorp(LJ) 12226 (ITAT-CHENNAI) · http://taxcorp.in/FileOpenINTL.aspx?ID=11287&Category=INTLDecisions&CategoryType=Zip
-
ITAT - Provisions of Sec 14A applicable in respect of strategic investments made by assessee-company in subsidiary / associate companies for business purposes. Investment or as stock-in-trade becomes inconsequential or irrelevant for Sec 14A application as what is relevant is not the object for which the investment was made, but the nature of income.
Voltech Engineers P. Ltd. Vs. The Deputy Commissioner of Income Tax
(2017) TaxCorp(LJ) 12215 (ITAT-CHENNAI) · Section. 14A
-
ITAT - In absence of specific FTS article under India-Thailand DTAA, payment for FTS to Thailand based entities by an Indian company would not be treated as FTS. Residuary-clause 22 cannot be pressed into service in respect of the said income.
DCIT vs Ford India Limited
(2017) TaxCorp(LJ) 12110 (ITAT-CHENNAI)
-
ITAT - No Sec 80IB(10) deduction to a builder who was engaged in construction business as a ‘work contractor’ and not ‘developer’.
Arihant Heirloom vs ITO
(2017) TaxCorp(LJ) 12102 (ITAT-CHENNAI) · Section 80-IB(10)
-
Transfer Pricing - Meaning of “Associated Enterprises”: The fact that an enterprise can “influence prices and other conditions relating to sale” does not make it an “associated enterprise” of the assessee if it does not participate in the (a) capital, (b) management, or (c) control of the assessee and thus does not fulfil the basic rule u/s 92A(1). S. 92A(2)(i) has to be read with s. 92(A)(1). Even if the conditions of s. 92A(2)(i) are fulfilled, these enterprise cannot be treated as ‘associated enterprise’ if the requirements of s. 92A(1) are not fulfilled
Orchid Pharma Limited vs. DCIT
(2017) TaxCorp(LJ) 12090 (ITAT-CHENNAI) · Section 92A(1)
-
S. 144C: The lapse committed by the AO in passing the assessment order without first passing a draft order, against which the assesee may file objections with the DRP, seeking its directions to the AO, is only a procedural irregularity, which does not impinge on the jurisdiction on the AO to pass the assessment order. The assessee has no vested right against procedure. However, as the lapse was held to be fatal in Vijay Television 369 ITR 113 (Mad), the same has to be followed
Daewon Kang Up Co. Limited vs. DDIT
(2017) TaxCorp(LJ) 11945 (ITAT-CHENNAI) · Section 144C
-
ITAT - AO to give assessee an opportunity to explain while making ‘unexplained cash credit’ addition u/s 68.
Kalainagar TV P. Ltd. Vs. The DCIT
(2016) TaxCorp(LJ) 11790 (ITAT-CHENNAI)
-
ITAT - Payment was made by any person to his agent, who is required to make payment in cash for goods or services on behalf of such person, the provisions of Section 40A(3) is not applicable.
Shri P. Senthil Kumar Versus The Income Tax Officer
(2016) TaxCorp(LJ) 11750 (ITAT-CHENNAI) · http://taxcorp.in/FileOpenDT.aspx?ID=53727&Category=ITAT&CategoryType=Zip
-
ITAT - If the assessee had paid money to the lorry drivers, vouchers would have been given by the lorry drivers and not by the transport companies. Clause (k) of Rule 6DD not applicable as assessee has to show that the person to whom he had paid payments was his agent and such agent was required to make payment in cash. Addition u/s.40A(3) confirmed.
Marudhamalai Sri Dhandapani Spinning Mills Versus The Assistant Commissioner of Income Tax, Salary Circle, Coimbatore
(2016) TaxCorp(LJ) 11609 (ITAT-CHENNAI) · http://taxcorp.in/FileOpenDT.aspx?ID=52457&Category=ITAT&CategoryType=Zip
-
ITAT - It is natural for persons providing loans without security to demand higher rate of interest. We are therefore of the opinion that interest of 18% paid by the assessee could not considered as excessive. Application of Sec. 40A(2) of the Act was not warranted.
M/s. T.M. Abdul Rahman and Sons Versus The Assistant Commissioner of Income Tax, Non Corporate Circle 6, Chennai, The Joint Commissioner of Income Tax, Business Circle –XII, Chennai
(2016) TaxCorp(LJ) 11608 (ITAT-CHENNAI) · http://taxcorp.in/FileOpenDT.aspx?ID=52356&Category=ITAT&CategoryType=Zip
-
ITAT - An accounting policy cannot override substance when no sale, either in law or as per the accounting norms, can be said to have taken place.
Rice Lake Weighing Systems India Limited Versus Assistant Commissioner of Income Tax, Corporate Circle-5 (4) Chennai
(2016) TaxCorp(LJ) 11605 (ITAT-CHENNAI) · http://taxcorp.in/FileOpenDT.aspx?ID=52447&Category=ITAT&CategoryType=Zip
Headnote lines are open to everyone. The full headnote and the judgment text open with a subscription — see plans or sign in.