ITAT Chandigarh quashed a Rs.16.24 lakh penalty under Section 271(1)(c) as the fresh assessment accepted the returned income, confirming penalties require concealment or inaccurate particulars.
The Tribunal ruled that penalties under Section 43 of BMA cannot be imposed for bona fide reporting mistakes when investments were from legitimate, disclosed funds.
ITAT Chandigarh held that cash deposits made during the demonetization period were from genuine business cash sales. The addition of Rs. 20.86 lakh by the AO and CIT(A) was based on assumptions and was deleted.
ITAT Chandigarh held that cash deposits of Rs. 17.29 lakh were merely redeposits of earlier withdrawals. The addition made by the Assessing Officer was deleted as the evidence showed no unexplained income.
ITAT Chandigarh restricted the unexplained cash addition to ₹2.5 lakh, deleting ₹10 lakh in Sher Singh vs ITO for AY 2017–18, citing partial explanation from agricultural and milk income.
The Tribunal directed estimation of income at 8% under Section 44AD after disallowing expenses due to lack of evidence in Friends Transport Carrier vs ITO.
In a ruling on non-maintainability, the ITAT found the CIT(E) erred by cancelling the society’s 12A(1)(ac) application merely through an intimation without granting a mandatory hearing. The case has been sent back for a decision on merits.
ITAT Chandigarh upheld rejection of Endocrine And Breast Surgery Foundation’s Section 12A registration, ruling its activities were unethical and focused on networking with pharma companies rather than genuine charitable work.
ITAT Chandigarh deleted a Rs.20 lakh penalty levied under Section 271D for a cash deposit violating Section 269SS. The Tribunal ruled the deposit was a temporary parking of funds by the father for security, not a loan or deposit.
ITAT Chandigarh ruled that additional income offered by a taxpayer during a survey, derived from business-related discrepancies like excess cash or stock, must be taxed at normal business rates. The tribunal held that the punitive tax rate under Section 115BBE does not apply if the income is clearly established as business income and does not fall under the deemed income provisions (Sections 69 to 69D).
