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ITAT Chandigarh

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

June 30, 2020 5685 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 5352 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 3750 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 3678 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 […]

Penalty cannot be imposed for mere Section 12A registration cancellation

February 28, 2020 1737 Views 0 comment Print

TAT see no reason to uphold the levy of penalty in the present case U/s 271(1)(c) of the Act, since the basis for levy of penalty, being cancellation of registration granted to the assessee U/s 12A of the Act and as a consequence treating its surplus and corpus donation as not exempt but taxable under the Act, has been quashed by the ITAT.

No Penalty on Income declared in revised return filed within limitation period

February 7, 2020 2814 Views 0 comment Print

The provisions of section 271(1)(c) of the Act are penal in nature and they are required to be strictly construed. These cannot be extended by way of liberal interpretation to include the cases, which otherwise, do not fall within the purview and scope of the provisions of section 271(1)(c) of the Act.

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

November 7, 2019 1593 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 27303 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 10290 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 2187 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 […]

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