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ITAT Chandigarh

Cash found short cannot be treated as income of assessee

October 16, 2020 4401 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 7200 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?

Expenditure on Club membership fees for business allowable

October 7, 2020 54879 Views 0 comment Print

ISGEC Heavy Engineering Ltd Vs DCIT (ITAT Chandigarh) In the present case the assessee has incurred the expenses on account of club membership fees for the employees and to entertain customers, so, these were business expenses under section 37(1) of the Act. ITAT Follows Hon’ble Supreme Court Judgment in the case of CIT Vs. United […]

Section 11 exemption cannot be withdrawn merely for profit from certain incidental or ancillary activities of the trust

October 7, 2020 1740 Views 0 comment Print

JCIT(OSD), (Exemptions) Vs Patiala Improvement Trust (ITAT Chandigarh) The AO noticed that during the year relevant to the assessment year under consideration the assessee carried on the business of sale and purchase of residential plots and commercial properties and earned huge net profit of Rs. 9,95,74,223/-, which does not fall within the ambit of the […]

Undisclosed Business Income not taxable under Section 115BBE r.w. Section 68 & 69

September 28, 2020 8466 Views 0 comment Print

Shri Bhuwan Goyal Vs DCIT (ITAT Chandigarh) Landmark Chandigarh ITAT order on Section 115BBE on  investment made out of undisclosed business income held not to fall in Section 69 & 115BBE (AY 17-18). In the present case it is not in dispute that the assessee surrenderd the income of Rs. 3.64 Crores in the statement […]

Section 44AD not obligates assessee to maintain books of account

September 19, 2020 8067 Views 0 comment Print

Nand Lal Popli Vs DCIT (ITAT Chandigarh) Assessing Officer, for making the impugned addition has started with the presumption that an amount to the extent of 92% of the gross receipts is the expenditure incurred by the assessee, which is a totally wrong premise. If the income component is estimated, how the expenditure component on […]

Section 11 exemption for accumulation cannot be denied for non-filing of Form No. 10

August 24, 2020 3798 Views 0 comment Print

That non filing of the Form No. 10 within stipulated period may be an irregularity but not illegality, if the assessee cures the defect during assessment proceedings, the assessee is entitled to the benefit of accumulation as provided u/s 11(2) of the I.T. Act.

IDC receipts for State Government cannot be taxed in the Hands of Assessee

July 31, 2020 1395 Views 0 comment Print

The issue under consideration is whether the CIT(A) is correct in upholding IDC receipts as normal trading receipts ignoring that the money belongs to state government?

Section 2(22)(e) Deeming fiction cannot be applied on mere suspicion

July 13, 2020 14079 Views 0 comment Print

ACIT Vs Shri Gurdeep Singh (ITAT Chandigarh) The intention behind enacting provisions of section 2(22) (e) are that closely held companies (i.e. companies in which public are not substantially interested), which are controlled by a group of members, even though the company has accumulated profits would not distribute such profit as dividend because if so […]

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