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ITAT Chandigarh

No addition u/s 68 on account of money received on allotment of shares, once identity of Investor Company established

October 1, 2015 1162 Views 0 comment Print

ITAT Chandigarh held In the case of M/s Lotus Integrated Taxpark Ltd. vs. The DCIT that the assessee on the basis of the documentary evidence on record has been able to prove that Non Resident Company i.e. M/s Glacis Investment Limited was an existing company

Disallowance of expenses on adhoc basis without finding any personal use by chairman of trust, not sustainable

September 28, 2015 3788 Views 0 comment Print

ITAT Chandigarh held In the case of DCIT vs. M/s Indo Soviet Friendship that the Assessing Officer has not brought any material on record as to how he has given his finding that the cars have been purchased for the benefit of the Chairman.

Recovery of out of pocket costs incurred by society from ultimate beneficiaries of grant not taxable in the hands of society

September 24, 2015 497 Views 0 comment Print

The ITAT Chandigarh in the case of Haryana Renewable Energy held that recovery of a part of cost from ultimate customers by the society working for funding the projects from government grant being in nature of reimbursements cannot be taxed in the hands of society.

Reopen proceedings not valid in absence of any tangible material to substantiate escaped income

September 14, 2015 1056 Views 0 comment Print

ITAT Chandigarh held In the case of M/s Amit Engineers vs. ACIT that it is a trite law that the only condition for the Assessing Officer to reopen the case is that for whatever reasons he has ‘reason to believe’ that income has escaped assessment.

Penalty u/s 271(1)(c) cannot be levied when returned income is accepted as it is

September 9, 2015 9277 Views 0 comment Print

Penalty u/s 271(1)(c) can be levied only in the cases of concealment of income in the return of income filed by the assessee. In the present case, the return filed in response to notice u/s 153A was accepted by the AO as it is which also included surrendered income not disclosed in the original return due to bonafide error.

Substantial expansion possible only on existing units-Assessee eligible for 25% Deduction U/s. 80IC not 100%

September 8, 2015 1359 Views 0 comment Print

ITAT Chandigarh held In the case of M/s Shree Dhanwantri Herbals vs. The ITO that the careful reading of the form 10CCB, in a serial order would clearly show that the assessee is required to inform the location of the Industry and column (c) specifically ask the assessee to state whether business is a new business

In case of rejection of books, estimation of gross profit based on past history justified

August 12, 2015 2417 Views 0 comment Print

CIT vs. M/s Hind Agro Industries (ITAT Chandigarh) The assessee pleaded since it is not feasible to maintain stock register, therefore books should not be rejected CIT (A) upheld rejection of books , but considered G.P. rate taken by A.O. of previous year

Voluntarily surrender of income can’t escape penalty if assessee deliberately not shown unaccounted income in return

August 12, 2015 2134 Views 0 comment Print

In the case of DCIT Vs. M/s Sunrise Stock Services P.Ltd. Chandigarh bench of ITAT reversed the order of CIT (A) who deleted the penalty made on estimation basis. It was allegation of AO that assessee voluntarily surrendered the addition and statement of the director was recorded.

Interest on loans not allowable if loan utilized to finance sister concern with no direct or indirect benefit to assessee

August 10, 2015 604 Views 0 comment Print

The ITAT Chandigarh in the case of Late Sh.Jagat Singh vs. ITO held that the interest paid by assessee on borrowings not allowable as the same were used to finance the sister concern when the crux of transaction results that no direct or indirect benefit accrues to assessee on such loans advanced.

Hire Purchase Installments received to be taken as income by allowing corresponding expenditure as deduction

August 10, 2015 814 Views 0 comment Print

In the cited case, ITAT directed AO inter-alia to include installments received on sale of various houses and flats under hire purchase agreement and at the same time allow corresponding expenditure which has been expended by the assesses in cash (including through cheque).

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