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ITAT Chandigarh

Income from commercial exploitation of popularity of Cricket not incidental to main object U/s. 2(15)

November 7, 2019 1530 Views 0 comment Print

Punjab Cricket Association Vs ACIT (ITAT Chandigarh) Punjab Cricket Association (Assessee) is regularly following commercial activity by commercially exploiting its property and rights to hold matches and thereby earning huge income, hence the said activity can not be said to be incidental activity rather the commercial exploitation of the match is one of the main […]

Section 271BA: No Penalty for bonafide failure in filing of Form No. 3CEB

October 28, 2019 26064 Views 0 comment Print

Where assessee failed to upload the report electronically in Form No. 3CEB but said report was promptly made available in the assessment proceedings itself, said failure was accepted as bona fide and accordingly, the penalty levied under section 271BA was to be quashed.

Interest on Enhanced Compensation u/s 28 of Land Acquisition Act, 1894 is Exempt u/s 10(37)

September 30, 2019 10179 Views 0 comment Print

whether interest received u/s 28 of the Land Acquisition Act, 1894 on compulsory acquisition of agricultural land in the nature of compensation is exempt u/s 10(37) or chargeable to tax under head ‘Income from Other Sources’?

In case of Limited scrutiny AO cannot make additions or disallowances on other issues

September 12, 2019 2145 Views 0 comment Print

Shri Vijay Kumar Vs ITO (ITAT Chandigarh) The main contention of the Ld. Counsel for the assessee is that the Assessing Officer while making the impugned additions has exceeded his jurisdiction. That the case of the assessee was selected for limited scrutiny issue i.e. regarding security transaction. The Assessing Officer could not find any reason […]

ITAT suggests creation of Tax Advisory Cell & Tax Compliance Scheme

August 29, 2019 624 Views 0 comment Print

Smt. Asha Gandhi Vs The ITO (ITAT Chandigarh) Conclusion: Tribunal urged State to remove violations of tax laws by new assessees such as part time enterprising housewives, illiterate, semi-skilled men/women or teenagers by highlighting the concepts of agents of economic change; creation of Tax Advisory Cell; and coming out with Policy/Tax Compliance Scheme for the […]

Tax administration not expected to collect taxes based on ignorances of assessee

August 21, 2019 1185 Views 0 comment Print

Shri Dilpreet Singh Vs ITO (ITAT Chandigarh) Section 148 Conclusive proof as to escapement of income at notice stage not required At the stage of issue of notice under section 148 of Income Tax Act, 1961, the only question to be seen is whether there was relevant material, on the basis of which a reasonable […]

No Exemption from MAT as Assessee is a developer not having any unit in a SEZ

August 14, 2019 3318 Views 0 comment Print

Assessee was not eligible for exemption from payment of MAT as per the provisions of section 115JB(6), since, admittedly, it did not qualify as a business or services rendered by an entrepreneur or developer in a unit or SEZ as per definition of the said terms in the SEZ Act.

Gift by individual to HUF is exempt same as a gift from HUF to its member

August 11, 2019 11232 Views 0 comment Print

Amount received by assessee from ‘HUF’, being its member, was a capital receipt in his hands and was not exigible to income tax as in case of individual, the HUF has not been included in the definition of relative in explanation to section 56(2) (vii) as it was not so required because in case of HUF,

Assessment not valid if section 143(2) notice was not issued within time limit

August 1, 2019 7230 Views 0 comment Print

Where notice under section 143(2) was not issued within the time limit prescribed in proviso to section 143(2), the assessment framed under section 143(3) pursuant to such notice was invalid and accordingly, the same was liable to be quashed.

Section 271AAB Penalty justified if surrendered stock was unaccounted

July 26, 2019 2259 Views 0 comment Print

Penalty under section 271AAB was justified as the surrender had been made on account of discrepancy /shortage in stock which had not been accounted for by assessee and the same was therefore rightly been held to qualify as “ undisclosed income” as per the definition in section 271AAB.

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