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ITAT Chandigarh

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

May 17, 2021 25041 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 2187 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 1089 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 1272 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 726 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 1959 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.

Reassessment initiation solely based on report of Investigation Wing liable to be quashed

April 22, 2021 3345 Views 0 comment Print

Reassessment proceedings initiated upon report of the Investigation Wing was not valid as AO had not applied his mind independently and acted solely upon the report of the Investigation Wing.

No revision by CIT if AO had taken a possible view

April 19, 2021 999 Views 0 comment Print

CIT was not justified in exercising his powers under section 263 and considering the assessment order passed by AO as erroneous and prejudicial to the interest of the Revenue as AO after appreciating the complete documentary evidences placed on record and applying his mind to the facts of the case, accepted the evidences filed by assessee and had taken a possible view.

Mere Word Satisfied Invalidates Section 148 Approval given without Reasoning

March 15, 2021 2736 Views 0 comment Print

Tek Chand Vs ITO (ITAT Chandigarh) The A.O. obtained the approval of the PR. CIT before issuing the notice under section 148 of the Act. The proposal dt. 11/03/2016 seeking the approval for issuance of notice under section 148 of the Act, by the A.O. is placed at page no. 2 & 3 of the […]

Section 11(2) not mandate a limitation for filing notice of accumulation in Form No. 10

February 7, 2021 957 Views 0 comment Print

Infrastructure Development Fund Vs DCIT (ITAT Chandigarh) The Tribunal adjudicating on the identical issue, has held that if form No. 10 is filed during the continuation of the assessment proceedings that should have been taken into consideration by the Assessing Officer. That non filing of the Form No. 10 within stipulated period may be an […]

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