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ITAT Chandigarh

Section 263 jurisdiction valid on issues not enquired by AO

January 31, 2022 1197 Views 0 comment Print

A perusal of the record shows that this allegation of the Ld. Pr. CIT is correct in so far as no query has been raised by the AO on these two issues and neither has the assessee made any submissions either before the AO or even before the Ld. PR. CIT on these two issues even when the said issues were duly mentioned in the show cause notice issued u/s 263 of the Act. Accordingly, we have no option but to uphold the impugned order u/s 263 of the Act on these two issues.

ITAT allows prior period Expenses based on principle of crystallization of liability

January 31, 2022 12672 Views 0 comment Print

Kamla Retail Ltd. Vs ACIT (ITAT Chandigarh) It is no doubt true that it is incumbent upon the assessee to account for the expenses in respective financial year in which they are incurred or the liability towards such expenses has accrued which is in line with the mercantile system of accounting as well as concept […]

Employees contribution of ESI/PF paid prior to filing of return of income u/s 139(1) allowable

December 26, 2021 2364 Views 0 comment Print

Citi Centre Developers Vs CPC (ITAT Chandigarh) Since the facts of the present cases are identical to the facts involved in Raja Ram Vs. ITO, Yamunanagar (ITAT, Chandigarh) therefore respectfully following the earlier orders as referred to herein above of the different Benches of the ITAT, the impugned additions made by the Assessing Officer and […]

Section 36(1)(va) – Amendment by Finance Act, 2021 applicable w.e.f. assessment year 2021-22

December 23, 2021 4941 Views 0 comment Print

Jagmohan Singh Vs DCIT (ITAT Chandigarh)  In the instant case, it is not in dispute that employees’ contribution to ESI and PF collected by the assessee from its employees had been deposited well before the due date of filing of return of income u/s 139(1) of the Act. We find that the issue is squarely […]

No extension of period to pass assessment order being time-barred under guise of special audit u/s 142(A)

December 14, 2021 1887 Views 0 comment Print

Reference for special audit u/s 142(A) was invalid and the assessment orders so passed in the extended time were held to be barred by limitation.

No addition of unaccounted investment if transactions were via Banking Channels

December 2, 2021 1194 Views 0 comment Print

Addition on account of investment made from undisclosed sources was deleted as as all transactions were made through banking channels and AO had made the addition in question on assumption and presumption basis.

Section 54 deduction available even on amount invested in excess of share in property

October 22, 2021 1857 Views 0 comment Print

ITO Vs Rachna Arora (ITAT Chandigarh) Solitary issue in the present appeal pertained to claim of exemption u/s 54 of the Act of Long Term Capital Gains earned by the assessee being invested in another property. The shares of three co-owners namely the assessee, her son in law and her daughter in the purchased property […]

ITAT deletes addition for alleged Bogus LTCG on Penny Stock

September 24, 2021 6933 Views 0 comment Print

Shri Sanjay Singal Vs DCIT (ITAT Chandigarh) Addition of Rs. 61.86 Crore in 9 Appeals on Account of Bogus Long Term Capital Gain U/S 10(38) Claimed Deleted on Facts of Alleged Penny Scrip of PIL (Praneta Industries Ltd) and Revenue Rule 29 Application Containing Fir Filed by ED Against Companies of Bhushan Group & Statement […]

Written off of stock allowable if the same had no realizable value

July 30, 2021 6510 Views 0 comment Print

Since the major write off claim evidently pertained to vaccines which assessee consistently claimed had been nearing expiry and thus had no realizable value and nothing had been pointed out regarding the insufficiency of evidences filed by assessee, therefore, the claim of assessee was fully justified for write off  of vaccines since undoubtedly such vaccines were not capable of being used beyond expiry period and had no realizable value thereafter.

No disallowance without depicting how salary to specified persons was excessive

May 27, 2021 3273 Views 0 comment Print

Manav Mangal Society Vs DCIT (ITAT Chandigarh) Conclusion: Since the specified persons possessed the requisite qualifications and rendered the services, therefore, it cannot be held that payment of salary to the specified persons was unreasonable particularly when no comparable case was cited by AO. Therefore, the exemption could not be denied under section 13(1)(c). Held:  […]

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