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ITAT Chandigarh

Section 147: Assessee cannot be put to mercies of careless, casual, arbitrary or whimsical exercise of power

May 25, 2021 2292 Views 1 comment Print

Simar Kaur Vs ACIT (ITAT Chandigarh) It is seen that the assessee has consistently maintained its challenge that notice was not issued as it has not been served. The tax authorities have rejected the challenge holding that non-receipt is not equivalent to non-service. It is seen that though the challenge is recorded the wording in […]

Conversion of limited scrutiny into complete scrutiny on mere suspicion is invalid

May 24, 2021 6378 Views 0 comment Print

Ropar Properties And Builders Pvt. Ltd. Vs ITO (ITAT Chandigarh) To convert the limited scrutiny into complete scrutiny, the Assessing Officer shall be required to form a reasonable view that there is a possibility of under statement of income and that view should be based on credible material or information available on record and such […]

Section 115BBE not attracted to Income voluntarily surrendered during Search & survey

May 24, 2021 5766 Views 0 comment Print

Bajaj Sons Ltd. Vs DCIT (ITAT Chandigarh) We find that a separate surrender of Rs. 97.11 lacs has been made by Shri SB Bajaj Director of the assessee company on account of unexplained cash found during the search action. However, so far as the surrender of Rs. 15 lac to cover any discrepancy is concerned, […]

Bar Associations entitled for Section 12AA Registration

May 23, 2021 1335 Views 0 comment Print

Building Committee (Society) Barnala Vs CIT (Exemption) (ITAT Chandigarh) It is pertinent to observe that the ld.CIT(E) failed to comprehend the role of Bar Association in judicial dispensation. He construed the existence of the assessee-society in a very narrow manner, as if it is a group of some professionals who are working for their individual […]

Interest on compulsory acquisition of land u/s 28 of Land Acquisition Act is exempt

May 17, 2021 24495 Views 0 comment Print

ITO Vs Chawli Devi (ITAT Chandigarh) Interest received by assessee on compulsary acquisition of of its land u/s 28 of Land Acquisition Act is in the nature of compensation and not interest which is taxable under the head of income from other sources u/s 56. FULL TEXT OF THE JUDGMENT/ORDER OF CHHATTISGARH HIGH COURT These […]

Section 68 not applies when assessee explained nature & source of Income

May 13, 2021 2094 Views 0 comment Print

Harish Sharma Vs ITO (ITAT Chandigarh) Admittedly, in the present case the notebook entries containing entry pertaining to the business of M/s Sharma Overseas Services was recovered from the possession of the assessee. The authorities below have not rejected the contention of the assessee that the entries in note book pertained to the business concern […]

CIT by exercising revisional jurisdiction cannot expand AO’s limited scrutiny

May 13, 2021 1029 Views 0 comment Print

Since AO passed the assessment order and accepted the return filed by assessee after examining the issue regarding increase in capital account as assessee had credited his capital account with agricultural income and the capital gain from sale of flats and had reflected that same in its capital account, therefore, CIT had exceeded jurisdiction under section 263 by directing AO to make fresh assessment on the issues which were not the subject matter of the AO’s limited scrutiny.

Signed document cannot be whimsically discarded; Don’t burden Taxpayer with unfair additions

May 4, 2021 1227 Views 0 comment Print

Naresh Sharma Vs AO (ITAT Chandigarh) 1. The AO needs to ascertain if the sale transaction was indeed genuine and whether the signatures on the Agreement to Sell ‘Ikrarnama’ has been disowned by the purchaser as a forgery. 2. When a document duly relied upon by one of the parties is allegedly signed by both parties, […]

ITAT Chandigarh suggests creation of TAX ADVISORY CELL

April 30, 2021 630 Views 0 comment Print

Ashok Kumar Vs ITO (ITAT Chandigarh) Before parting, it needs be highlighted that for India to achieve the status of a USD 5 trillion economy, the banking industry necessarily needs to have a very robust and transparent mechanisms of zero tolerance of abuse of power without which the Indian ambition can only remain a pipe […]

Written submissions without a conscious waiver cannot be treated as waiver of Right to be heard

April 29, 2021 1923 Views 0 comment Print

ITAT Chandigarh addresses limitations, record definition, and right to be heard in Amrik Singh Bhullar Vs ITO case. Important insights for taxpayers.

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