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ITAT Chandigarh

ITAT directs NFAC to reconsider Appeal instead of dismissing merely for delay in filing

March 27, 2022 489 Views 0 comment Print

Neelam Hospital Vs ITO (ITAT Chandigarh) Admittedly and undisputedly, the assessee had filed the appeal before the NFAC beyond the period of limitation and there was a delay of 252 days in filing the appeal. However, it is also undisputed that the NFAC did not adjudicate the appeal of the assessee on merits but dismissed […]

Employees’ contribution towards ESI/PF paid before due date of filing of return of income allowable

March 17, 2022 1356 Views 0 comment Print

Arjun Yadav Vs DCIT (ITAT Chandigarh) In the instant case, it is not in dispute that employees’ contribution to ESI and PF had been deposited well before the due date of filing of return of income u/s 139(1) of the Act. We further note that though the ld. CIT(A) has not disputed the various decisions […]

Section 69A addition not justified for Amount received through Bank, duly recorded in books & explained by Assessee

March 6, 2022 6729 Views 0 comment Print

Entries relating to advances received from Hardev Singh and his son Maninder Singh Sahi from Canada were recorded in books of account and assessee also explained that amount was received as an advance for making investment in property by said person, and assessee was engaged in the property business. Assessee also requested AO to summon concerned party under section 131 but AO did not accede to the request of assessee and made the addition, therefore, addition made by AO was not justified.

Section 263 jurisdiction valid on issues not enquired by AO

January 31, 2022 1251 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 13494 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 2412 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 5058 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 2028 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 1227 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 1884 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 […]

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