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ITAT Chandigarh

Discount on shares under ESOPs is allowable expenditure

November 6, 2015 1008 Views 0 comment Print

ITAT Chandigarh held In the case of M/s GlaxoSmithKline Consumer Healthcare Ltd vs. The JCIT that it is a settled law that an unascertained liability has to be allowed even if the same is quantified on a future date.

Merely because assessment order of AO is Brief & Cryptic it cannot be considered as erroneous & prejudicial to revenue interest

November 3, 2015 958 Views 0 comment Print

ITAT Chandigarh held in M/s. Ved Parkash Contractors Vs CIT that if the AO had passed brief and cryptic assessment order but had checked and verified all the related documents submitted by the assesse in reply to the questionnaire of the AO

Addition based on negative stock, calculated by AO by preparing monthly trading account not sustainable

October 28, 2015 2467 Views 0 comment Print

ITAT Chandigarh held In the case of DCIT vs. M/s Smart Value Product & Services Ltd. that no defects in the purchases and sales have been pointed out by the AO. The assessee produced complete books of account, sales and purchase vouchers.

Time gap between withdrawal of cash & spending of cash not relevant unless it is proved that assessee spent the amount somewhere else

October 28, 2015 997 Views 0 comment Print

ITO Vs. Shri pardeep Singh Hooda (ITAT Chandigarh) ITAT held that there was no big or unreasonable gap between the amount withdrawn from the bank account and paid for purchase of the property. Since the amount was taken into cashbook after withdrawal from the bank account

If there is no loss to revenue then there would be no Disallowance and Rule 8D is not applicable for A.Y. 2007-08

October 27, 2015 4169 Views 0 comment Print

M/s Trident Limited vs. The Addl. CIT (ITAT Chandigarh) Assessee company made an investment of Rs. 5038.88 lacs and Rs. 4575.77 Lacs as on 31.03.2006 & 31.03.2007 in various tax free equity funds, from which assessee company gain an dividend of Rs. 46,91,849/-.

If assessee merely acted as a conduit without any right in money, no addition can be made u/s 69A

October 16, 2015 2001 Views 0 comment Print

In the case of M/s Bhagwati Motors Vs. ITO Chandigarh bench of ITAT have held that Assessee merely acted as a conduit without any right in money, therefore, no addition under section 69A of the Act could be made against the assessee.

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

October 1, 2015 1189 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 3911 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 521 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 1071 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.

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