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ITAT Chandigarh

Addition set aside for fresh consideration with one more opportunity of being heard in interest of substantial justice and fair play

June 19, 2023 1002 Views 0 comment Print

ITAT Chandigarh held that addition on account of failure to provide necessary explanation in respect of source of cash deposits in bank confirmed without considering explanation set aside with one more opportunity to assessee in the interest of substantial justice and fair play.

Income already declared under one head cannot be taxed under other head simultaneously

June 12, 2023 3498 Views 0 comment Print

ITAT held that income of the assessee which is already taxed in one head cannot be taxed under any other head by the Revenue Department.

Revisionary power u/s 263 unjustified as due enquiry carried out by AO

June 11, 2023 807 Views 0 comment Print

ITAT Chandigarh held that invocation of revisionary powers under section 263 post due enquiry carried out by AO and assessment order passed with due application of mind is unjustified and untenable in law

Matter set aside to test enforceability of agreement to sell vis-à-vis fresh affidavit

May 31, 2023 975 Views 0 comment Print

ITAT Chandigarh set aside the addition u/s 69 of the Income Tax Act to the file of AO to test the enforceability of agreement to sell as per relevant statue vis-à-vis fresh affidavit.

Disallowance of late deposit of employees’ share of PF/ ESI beyond prescribed due date is sustained

May 29, 2023 12909 Views 0 comment Print

ITAT Chandigarh held that disallowance for late deposit of employees’ share of PF/ ESI contribution to relevant funds beyond prescribed due date under respective Act is duly sustainable in law.

Disallowance of late deposit of employees’ share of PF/ ESI beyond due date is justified

May 27, 2023 5745 Views 0 comment Print

ITAT Chandigarh held that late deposit of employees’ share of PF/ ESI contribution to the relevant funds beyond prescribed due date as per respective Act is liable to be disallowed.

Exemption u/s 54B not available when property not purchased in name of assessee

May 27, 2023 1815 Views 0 comment Print

ITAT Chandigarh held that exemption under section 54B of the Income Tax Act is not available when property was not purchased in the name of the assessee.

Disallowance of expense u/s 14A unsustainable as investment in shares were stock-in-trade

May 17, 2023 831 Views 0 comment Print

ITAT Chandigarh held that disallowance of expenses u/s 14A read with Rule 8D is unwarranted on the premise that the investment in shares were stock-in-trade.

Section 54B Exemption on payment for purchase of land against advance received

April 26, 2023 3885 Views 0 comment Print

Inderjit Singh Mann Vs ACIT (ITAT Chandigarh) The assessee has filed copy of the sale deed dated 19.2.2009 in the paper book in which it is specifically mentioned that assessee received various advances from the purchasers on different dates in the year 2007 before execution of sale deed. According to the chart prepared by the […]

In absence of enabling powers, no disallowance can be made by CPC

April 26, 2023 1158 Views 0 comment Print

It goes without saying that in the absence of enabling powers, no disallowance can be made. As such, enabling provisions being absent, the CPC did not have the jurisdiction to make the disallowance in question, in the order u/s 143 (1) of the Act.

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