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ITAT Chandigarh

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 693 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 1956 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 3297 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 993 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 […]

Cash found short cannot be treated as income of assessee

October 16, 2020 4341 Views 0 comment Print

A.P. Refinery Pvt. Ltd. Vs DCIT (ITAT Chandigarh) The issue before us relates to addition made to the income of the assessee on account of cash found short with the assessee. Cash short, at the most represents expenses / outgoings out of cash available with the assessee not accounted for in the books of the […]

Section 80IA(4) deduction eligible on developing / providing Lift Irrigation Scheme/ Lift Water Supply Scheme

October 13, 2020 1842 Views 0 comment Print

Unipro Techno Infrastructure Private Ltd Vs DCIT (ITAT Chandigarh) The brief facts relating to the issue are that the assessee is primarily engaged in developing / providing Lift Irrigation Scheme/ Lift Water Supply Scheme for different state governments. The assessee claims that the said development work carried out by the assessee falls within the definition […]

Additional claim can be made before ITAT despite no such claim in Return of Income

October 11, 2020 7161 Views 0 comment Print

The issue under consideration is whether submitting additional claims before tribunal, which is not claim in return of income will be sustain in law?

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