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ITAT Chandigarh

Deduction u/s 57(iii) allowable if primary motive of expenditure is to earn income

November 22, 2022 5226 Views 0 comment Print

ITAT Chandigarh held that for claiming deduction u/s 57(iii) of the Income Tax Act primary motive of incurring such expenditure should be directly relatable to the earning of income falling under the head income from other sources. Such expenditure are deductible even if there is net loss.

Retention of revenues by assessee society as grant in aid by Govt is exempt under section 10(23C)(iiiab)

November 22, 2022 576 Views 0 comment Print

Retention of revenues by assessee society as grant in aid by Government of Punjab and assessee society thus continue to remain wholly funded by Government & assessee is thus held eligible for exemption under section 10(23C) (iiiab).

Denial of cross-examination of person based on which addition was confirmed is unjustified

November 18, 2022 1191 Views 0 comment Print

ITAT Chandigarh held that denial of cross-examination, based on which addition on account of unrecorded sales was confirmed, demolishes the very foundation of making addition and hence such addition is unsustainable in law.

Interest rate on unsecured loan cannot be excessive if same is less than interest paid on secured loan

November 16, 2022 2130 Views 0 comment Print

It has come on record that the department has itself accepted interest paid to the lender banks @ 14.75% in case of secured loans are against unsecured loans availed from Shri Grewal. That itself suggests that the impugned interest rate @ 10% is not excessive so as to attract the impugned disallowance/addition.

Investment made in other’s name not eligible for exemption u/s. 54B

November 11, 2022 2331 Views 0 comment Print

ITAT Chandigarh held that investment made in the name of the grandson is not eligible for exemption under section 54B of the Income Tax Act.

Addition to business income merely based on closing bank balance is unjustified

November 7, 2022 732 Views 0 comment Print

ITAT Chandigarh held that addition in the business income merely on the basis of closing bank balance unsustainable as there is nothing on record to show that assessee had any other income except agricultural income.

No penalty on undisputed claim of Interest paid to firm against business income

November 7, 2022 735 Views 0 comment Print

Bhawneshwar Kumar Vs ITO (ITAT Chandigarh) In the instant case, the matter relates to claim of interest paid by the assessee to the partnership firm where the assessee is a partner and from where the assessee also draws the remuneration. Both the interest paid and remuneration received from the partnership firm has been duly reflected […]

No Section 234E late filing fees for inadvertent wrong TDS Statement filing

November 7, 2022 1803 Views 0 comment Print

Sh. Gurpreet Singh Vs ACIT (ITAT Chandigarh) ITAT held that where the lapse came about due to a mere technical error, like the one in the present case, i.e., inadvertent wrong filing of TDS Statement, i.e., in Form No. 26QB, rather than in the applicable Form No. 27Q, there is no case for levy of […]

Tax Audit Report is a vital piece of evidence – ITAT admit additional evidence

November 6, 2022 2184 Views 0 comment Print

Tax Audit Report is a vital piece of evidence which goes to very root of matter and should be admitted for furtherance of cause of justice.

ITAT deletes section 271(1)(c) penalty on section 40A(3) additions

October 28, 2022 3510 Views 0 comment Print

Lakhwinder Singh Panag Vs ITO (ITAT Chandigarh) A perusal of the record shows that in the quantum proceedings the explanation of the assessee that addition u/s 40A(3) on facts was not warranted, was rejected. The addition stood made. The issue was carried in appeal before the CIT(A) who also confirmed the addition by his order […]

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