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ITAT Chandigarh

OLA being an intermediary is not liable to deduct TDS on payment to drivers

September 16, 2022 7818 Views 0 comment Print

ITAT Chandigarh held that the aggregator/ intermediary (OLA) acts merely as an intermediary and hence not liable to deduct TDS u/s 194C on payments made to drivers.

Arbitral use of revisionary powers u/s. 263 is unsustainable

August 29, 2022 555 Views 0 comment Print

CIT Cannot exercise Revisionary Powers under Section 263 of Income Tax arbitrarily without satisfying twin conditions for exercising of power

ITAT allows reconciliation of difference between return of income & Form 26AS

August 26, 2022 2154 Views 0 comment Print

Assessee deserves one more opportunity to reconcile difference between contract receipts as shown in return of income & Form No. 26AS -ITAT

If source of income is provided than deeming section 115BBE provision not applicable

August 22, 2022 2589 Views 0 comment Print

Held that deeming provisions of section 115BBE doesn’t apply as source of income clearly explained and established by the assessee

Addition of cash deposited in bank post demonetization due to cash sales unsustainable

August 15, 2022 4803 Views 0 comment Print

Charu Aggarwal Vs DCIT (ITAT Chandigarh) Held that cash sales made by the assessee which was deposited in the bank post demonetization is sufficient source of cash deposited. Addition of the same unsustainable. Facts- A notice u/s 153A was issued to the assessee post search operation. Thereafter, the assessee filed its ROI declaring an income […]

Forex derivative transaction for hedging the foreign currency risk is not speculative transaction

August 13, 2022 1836 Views 0 comment Print

Held that the assessee entered into forex derivative transaction with the ICICI Bank to hedge the foreign currency risk involved in the transaction. Thus, expenses claimed were revenue in nature as the derivative transaction entered into by the assesse was not in the nature of speculative transaction.

Addition towards unexplained cash credit unjustified as evidences and books of account not rejected

August 5, 2022 1521 Views 0 comment Print

Held that addition u/s. 68 and 69A unsustainable as evidences relating to cash deposited submitted and not doubted by AO and also books of account of the assessee are also not rejected u/s 145(3).

Mere Suspicions not enough for Initiation of section 263 Proceedings

July 31, 2022 207 Views 0 comment Print

Sunita Goyal Vs PCIT (ITAT Chandigarh) In the absence of any evidence or fact rebutting the claim of the assessee, the order passed after due enquiries as per record by the AO cannot be set aside on mere inferences and presumptions. The suspicions of the ld. PCIT cannot be the basis for setting aside a […]

Exercising revisionary power u/s 263 in casual arbitrary manner is unsustainable

July 22, 2022 366 Views 0 comment Print

Held that for invoking revisionary power u/s 263 it is necessary to point out the error in the order and that too such an error should be prejudicial to the interest of the revenue

No addition for cash payment for property out of cash withdrawals by family members

July 10, 2022 885 Views 0 comment Print

Gurmeet Kaur Khurana Vs ITO (ITAT Chandigarh) The relevant facts of the case are that the assessee had invested an amount of Rs.6 lacs for immovable property with M/s Bajwa Developers Ltd. The investment was made vide cash payments. The transaction was flagged. It was noticed that no tax return was filed by the assessee. […]

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