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ITAT Chandigarh

Profit / losses of all undertakings are to be treated separately while calculating deduction u/s 80IC

December 6, 2018 4578 Views 0 comment Print

Milestone Gears Private Limited Vs ACIT (ITAT Chandigarh) For the purpose of calculating deduction u/s 80IC, profit of each undertaking should be treated separately and losses from other eligible undertaking should be ignored. Profit and losses of all the eligible undertaking couldn’t be netted off. Facts –- Assessee is engaged in the manufacturing of automotive […]

Foreign travel expenses of MD of company for business purpose allowable

November 30, 2018 14487 Views 0 comment Print

Foreign travelling expenses incurred by assessee-company for its Managing Director (MD) should be allowed as deduction as AO had no basis for holding the expenses incurred on the MDs trip to Germany as excessive or personal.

TDS not deductible on by-product retained by millers, as same was not passed on as Milling Charges

October 30, 2018 5268 Views 0 comment Print

ITO (TDS) Vs. M/s Punjab State Warehousing Corporation (ITAT Chandigarh) The main contention of the Department is that by-product retained by the millers have considerable market value and further that a sum of Rs. 15/- paid as ‘milling charges’ is a nominal cost which is insufficient to meet even the actual cost of services rendered […]

Trust penalized by ITAT for fraudulently seeking exemption as Govt Trust

October 30, 2018 969 Views 0 comment Print

Sri Dashmesh Academy Trust Vs CIT (Exemptions) (ITAT Chandigarh) Identical contentions as were raised by the representatives of the Trust before the lower authorities that the Trust is controlled and managed by the Government or that its funds and properties otherwise belong to the Government, have been raised by the counsel for the assessee Trust […]

Disallowance U/s. 36(1)(iii) justified for Interest-free loan to sister concern without commercial expediency

October 29, 2018 12669 Views 0 comment Print

M/s C.R. Auluck & Sons Pvt. Ltd. Vs ACIT (ITAT Chandigarh) Assessee has failed to establish its case of commercial expediency.  The intention of assessee in advancing the said interest-free loan to its sister concern was not for the purpose of business because the two concerns were carrying on independent lines of manufacturing and the […]

ITAT explains presumption theory that advances to sister concerns are made from own funds

October 16, 2018 1785 Views 0 comment Print

ACIT Vs Janak Global Resources Pvt. Ltd (ITAT Chandigarh) Where sufficient own interest free funds are available with the assessee, the presumption arises that the assessee had utilised those funds for the purpose of making interest free non business advances. Thus in very clear terms the Hon’ble Apex Court in the case of Hero Cycles […]

ITAT on release of person arrested for non-payment of tax dues on subsequent Stay

September 30, 2018 1185 Views 0 comment Print

Devinder Singh Gill Vs DCIT (ITAT Chandigarh) Since the recovery in this case has been stayed subject to the deposit of Rs. 20 lacs, in total, and if the assessee deposit Rs. 20 Lacs as ordered above, in that event, there will be no reason left with the TRO to keep the assessee in jail. […]

No addition in Assessment U/s. 153A if No incriminating material found

September 24, 2018 3681 Views 0 comment Print

As assessment for impugned assessment year was not pending on the date of search, therefore, no addition could to be made in assessment framed under section 153A in the absence of any incriminating material found during search.

Interest for TDS Default levied on Buyer of Property even if NRI Seller Already Paid Taxes in his Return

August 8, 2018 1008 Views 0 comment Print

The issue under consideration is whether interest u/s 201(1A) will be levied on assessee even if NRI seller had already paid taxes as per his return?

Davis Cup Matches: Tax on Incidental & Commercial Activity Income

July 26, 2018 780 Views 0 comment Print

Income of the assessee from the incidental and commercial activity i.e. income from organizing of Davis Cup up to the limit prescribed as per the second proviso to section 2(15) of the Act, which for the assessment year under consideration is Rs. 25 lacs, will be treated as income from ‘charitable purposes’

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