Ravindra Arunachala Nadar, Chennai vs. ACIT Non Corporate Circle-15(1), Chennai
In the result, appeal filed by the assessee is allowed
ITA 3363/CHNY/2019[2014-15]Status: DisposedITAT Chennai23 Feb 2021AY 2014-15
Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita N.: 3363/Chny/2019 िनधा"रण वष" / Assessment Year: 2014-15 Shri Ravindra Arunachala The Acit, Nadar, V. Non-Corporate Circle 15(1), No.161A, Thiruvalluvar Salai, Chennai. Thiruvanmiyur, Chennai – 600 041. Pan: Adfpr1113B (अपीलाथ"/Appellant) (""यथ"/Respondent) : Shri N. Anush Shanker, Ca & अपीलाथ" क" ओर से/Appellant By Shri V. Balaji, Ca ""यथ" क" ओर से/Respondent By : Shri G. Johnson, Addl.Cit
For Respondent: Shri G. Johnson, Addl.CIT
Section 115BSection 143(3)Section 41(1)Section 68
…hat there was nothing on record to lead to the conclusion that the advances from W had been claimed as an allowance or deduction in any previous year.” Similarly, the Madras High Court in the case of Narayanan Chettiary Industries vs. ITO, reported in [2005] 277 ITR 426, had an occasion to consider the issue in light of provisions of section 41(1) of the Act and held that “section 41(1) creates a legal fiction and hence has to be strictly complied with if any addition to the income is sought to be made by the Revenue. Unless an allowance or deduction had been made in an earlier year in respect of loss, expenditu…