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ITAT Chandigarh

Section 11 exemption cannot be withdrawn merely for profit from certain incidental or ancillary activities of the trust

October 7, 2020 1731 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 8448 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 8010 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 3777 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 14076 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 […]

Books cannot be rejected for mere non-Maintenance of Stock Register or for adoption of incorrect method of stock valuation

June 30, 2020 5535 Views 0 comment Print

Paramount Impex Vs ACIT (ITAT Chandigarh) we are not in agreement with the Revenue that the non maintenance of stock register was sufficient for exercising the power of rejecting the books of the assessee. It is not unusual for businesses dealing in large number of small items and operating at a small or medium scale […]

No Disallowance U/s. 40(a)(ia) if retainer-ship expense shown by recipient in their return

June 10, 2020 5346 Views 0 comment Print

The issue under consideration is whether A.O. is correct in disallowing the expense of retainership debited in P & L on the basis of non deduction of TDS u/s 194C when the Same was shown as salary by recipient in their Income Tax return?

No Section 271D Penalty for cash received from commission agent against sale of crops

June 6, 2020 3735 Views 0 comment Print

Transactions between the assessee and the Commission Agent were relating to the sale of agriculture crops, therefore, there was no receipt or repayment of loan or deposit, accordingly penalty levied by the A.O. and sustained by the Ld. CIT(A) under section 271 E of the Act is also deleted.

Depreciation @ 60% allowable on Set Top Boxes acquired on Finance Lease

May 6, 2020 3651 Views 0 comment Print

Fastway Transmission (P) Ltd. Vs ACIT (ITAT Chandigarh) Conclusion: Set top boxes was the property of CISCO which was taken by assessee on lease from CISCO against payment of lease charges thus assessee was not entitled to claim the principal component of alleged lease rent paid as ‘revenue expenditure’ u/s 37(1) however, entitled to claim […]

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