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ITAT Chandigarh

Ignorance of additional evidence and submission is patently and legally wrong

October 18, 2022 1005 Views 0 comment Print

ITAT Chandigarh held that Ld. NFAC ignoring the submissions and the documents being sought to be filed as additional evidences and dismissal of assessees appeal without even commenting on the submissions or the documents is patently and legally wrong.

No addition for Deposits in bank made from past savings

October 17, 2022 2028 Views 0 comment Print

In present facts of the case, the Income Tax Appellate Tribunal deleted the addition of Rs. 3,31,000/- by the AO, while considering the fact that the family members of the assessee were earning (but were below taxable limits), and the deposits made were from the past savings and earnings of the entire family which were pooled together.

Demand cannot be enforced on the deductee for non-deposit of TDS by deductor

October 15, 2022 3150 Views 0 comment Print

ITAT Chandigarh held that tax authorities cannot enforce any demand on the deductee if the amount of TDS deducted by the dedutor is not deposited with the Government.

Section 12AA Registration granted as primary object is advancement of general public utility

October 15, 2022 1707 Views 0 comment Print

ITAT Chandigarh held that registration u/s 12AA of the Income Tax Act granted as the primary objects of the assessee society are aimed at the advancement of the object of general public utility within the meaning of section 2(15) of the Act

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

September 16, 2022 7956 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 570 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 2166 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 2646 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 4827 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 1893 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.

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