ITAT Chandigarh

Disallowance U/s. 36(1)(iii) justified for Interest-free loan to sister concern without commercial expediency

M/s C.R. Auluck & Sons Pvt. Ltd. Vs ACIT (ITAT Chandigarh)

M/s C.R. Auluck & Sons Pvt. Ltd. Vs ACIT (ITAT Chandigarh) Assessee has failed to establish its case of commercial expediency.  The intention of assessee in advancing the said interest-free loan to its sister concern was not for the purpose of business because the two concerns were carrying on independent lines of manufacturing and t...

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ITAT on release of person arrested for non-payment of tax dues on subsequent Stay

Sh. Devinder Singh Gill Vs The DCIT (ITAT Chandigarh)

Devinder Singh Gill Vs DCIT (ITAT Chandigarh) Since the recovery in this case has been stayed subject to the deposit of Rs. 20 lacs, in total, and if the assessee deposit Rs. 20 Lacs as ordered above, in that event, there will be no reason left with the TRO to keep the assessee in jail. […]...

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100% Deduction U/s. 80IC allowable on Substantial expansion of eligible unit

Friends Alloys Vs Asstt. CIT (ITAT Chandigarh)

Friends Alloys Vs ACIT (ITAT Chandigarh) From perusal of the order of the AO, it was found that the AO had not disputed that the assessee had carried out substantial expansion as provided under clause (b) of sub-section (2) read with clause (ix) of sub-section (7) of section 80-IC. Hence, the impugned order of the […]...

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Reopening not valid, when very basis of its belief been reversed by ITAT before recording of reasons by AO

The DCIT  Vs  M/s DSM Sinochem Pharmaceuticals Pvt. Ltd. (ITAT Chandigarh)

DCIT  Vs  M/s DSM Sinochem Pharmaceuticals Pvt. Ltd. (ITAT Chandigarh) In this case since there was no reason at all for reopening the case on the issue of treatment of royalty expenses ,since the same had already been decided in favour of the assessee by the ITAT, before the recording of reasons for reopening the present case. [&hell...

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Davis Cup Matches: Tax on Incidental & Commercial Activity Income

Chandigarh Lawn Tennis Association Vs ITO (ITAT Chandigarh)

Income of the assessee from the incidental and commercial activity i.e. income from organizing of Davis Cup up to the limit prescribed as per the second proviso to section 2(15) of the Act, which for the assessment year under consideration is Rs. 25 lacs, will be treated as income from ‘charitable purposes’...

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To achieve targets Dept official ignores Principles of law & cross their limits: ITAT

Greater Mohali Area Development Authority Vs The DCIT (ITAT Chandigarh)

The present Misc. Application has been moved by the applicant – assessee pleading that though the Tribunal vide order dated 20.12.2017 had stayed the recovery of the balance amount to be recovered by the Department from the assessee for the assessment year 2009-10,...

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Application U/s. 12AA cannot be rejected merely on account of extraordinary powers with managing trustee

ACE Vision Educational Vs CIT(Exemption), (ITAT Chandigarh)

Registration application u/s 12AA cannot be rejected merely on account of extraordinary powers with the managing trustee to appoint or remove other trustees and also to nominate their successor. ...

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Limitation period to file a Rectification Application- Computation Date- Order Communication Vs. Passing Date

Shri. Jagmohan Gurbakshish Singh Vs. The DCIT (ITAT Chandigarh)

The Registry has put a note that the applications are time barred by five days. However, Ld. Counsel for the assessee has submitted that in view of the settled legal position of law, the applications cannot be treated as time barred. He in this respect has invited our attention to the relevant provisions of section 254(2) of the Income-ta...

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ITAT passes Strictures passed against Dept for showing open defiance of, disrespect of, or of open resentment to, orders of Tribunal

ITO Vs Chandigarh Lawn Tennis Association (ITAT Chandigarh)

This is an application moved by the department for vacation of ad interim stay orders dated 15.2.2017 and 28.4.2017. It has been pleaded in the application that in this case the then concerned Assessing Officer had passed a very well-reasoned order while disallowing the claim of the assessee of exemption u/s 11 of the Income Tax Act....

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Deduction U/s. 80-IC allowed despite Belated filing of return if delay is because of Reasonable cause

Symbiosis Pharmaceuticals (P) Ltd. Vs. Dy. CIT (ITAT Chandigarh)

Where assessee filed return within extended period of section 139(4) and delay was caused by reason beyond the control of assessee, liberal interpretation was to be given to procedural requirement of section 80AC and denial of deduction under section 80-IC was not, therefore, justified....

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