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ITAT Chandigarh

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 991 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 Shri pardeep Singh Hooda (ITAT Chandigarh) ITAT held that there was no big or unreasonable gap between the amount withdrawn from the bank account and paid for purchase of the property.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 4133 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 1983 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 1183 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 3890 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 1068 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 9307 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 1377 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 2522 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

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