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ITAT Chandigarh

Failure to Mention DIN on Assessment Order Body Renders it Invalid: ITAT Chandigarh

December 31, 2023 4158 Views 0 comment Print

The crux of the matter lies in the alleged non-compliance with CBDT Circulars, emphasizing the mandatory nature of DIN in all communications.

Reassessment merely because AO didn’t carried independent enquiries of confirmation from creditors unsustainable

December 1, 2023 1209 Views 0 comment Print

ITAT Chandigarh held that initiation of reassessment proceeding merely on the fact that AO has not carried out independent enquiries of confirmations from the creditors, without pointing out any deficiency or inaccuracy, cannot be a base to hold that order was erroneous in so far as prejudicial to the interest of revenue. Accordingly, reassessment unsustainable.

Penalty u/s 271(1)(b) unjustified as special audit report u/s. 142(2A) submitted within extended time

November 8, 2023 708 Views 0 comment Print

ITAT Chandigarh held that imposition of penalty u/s. 271(1)(b) of the Income Tax Act unjustified as special audit completed u/s. 142(2A) and audit report submitted within the extended time limit provide by AO.

No Section 153A Addition Without Incriminating Material from Search

November 3, 2023 3102 Views 0 comment Print

Addition under Section 153A could not be made in the absence of incriminating material found during the course of a search conducted under Section 132. In case no incriminating material was unearthed during the search, AO could not reassess taking into consideration the other material in respect of completed assessments/unabated assessments.

Section 263 Jurisdiction cannot exceed to issues not forming part of Limited scrutiny

October 22, 2023 3147 Views 0 comment Print

Learn how the Income Tax Appellate Tribunal restricted the jurisdiction of Section 263 regarding issues not forming part of a limited scrutiny assessment in the case of Aggarwal Promoters Vs PCIT.

Reopening of assessment based on wrong and irrelevant facts is unsustainable-in-law

October 19, 2023 8475 Views 0 comment Print

ITAT Chandigarh held that reopening of assessment under section 147 of the Income Tax Act based on wrong and irrelevant facts recorded under the reasons recorded for the formation of belief of escapement of income chargeable to income tax is unsustainable in law and liable to be quashed.

ITAT directs Reconsideration of Case by CIT(A) due to Lack of Communication

September 22, 2023 1158 Views 0 comment Print

ITAT Chandigarh’s ruling on the necessity of proper service for Income Tax notices. An in-depth analysis of Sandeep Kumar vs. ITO case. Learn more.

Mere Uploading Income Tax Notice on Assessee’s E-Portal Not Proper Service

September 20, 2023 16617 Views 0 comment Print

Analysis of ITAT Chandigarh’s ruling on service of notice in income tax cases, emphasizing the importance of proper notification to taxpayers.

Deeming provision of section 69-69D unjustified as nature and scope of unrecorded transactions explained

September 14, 2023 1416 Views 0 comment Print

ITAT Chandigarh held that transaction not recorded at the time of survey qualify as unrecorded transactions, however, the assessee has provided the necessary explanation about the nature and source of such unrecorded transactions and hence invoking deeming provisions of section 69-69D of the Income Tax Act unjustified.

Deeming provision u/s 69 not applicable on unrecorded transaction as nature and source explained

September 13, 2023 3348 Views 0 comment Print

ITAT Chandigarh held that transactions which were not recorded at the time of survey are unrecorded transaction, however, as nature and source of such unrecorded transaction explained the same cannot be brought to tax under the deeming provisions of section 69 of the Income Tax Act.

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