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ITAT Chandigarh

ITAT condone delay as assessee was illiterate & not claimed VRS exemption in Return

October 28, 2022 1335 Views 0 comment Print

Deepak Budhani Vs ITO (ITAT Chandigarh) Ld. AR submitted that the assessee did not claim the amount of VRS as exempt in the return of income for the simple reason that the assessee was an illiterate person who did not have any knowledge of the provisions of the Income Tax Act and also did not […]

Adjoining residential houses constitutes a single unit for section 54/54F

October 26, 2022 2181 Views 0 comment Print

Surinder Kumar Malhotra Vs ITO (ITAT Chandigarh) The relevant facts of the case are that qua the Long Term Capital Gain available to the assessee in the year under consideration deduction u/s 54 of the Act was claimed. The said claim was disallowed holding that the proceeds have been applied to acquiring two separate properties. […]

Ignorance of additional evidence and submission is patently and legally wrong

October 18, 2022 1155 Views 0 comment Print

ITAT Chandigarh held that Ld. NFAC ignoring the submissions and the documents being sought to be filed as additional evidences and dismissal of assessees appeal without even commenting on the submissions or the documents is patently and legally wrong.

No addition for Deposits in bank made from past savings

October 17, 2022 2142 Views 0 comment Print

In present facts of the case, the Income Tax Appellate Tribunal deleted the addition of Rs. 3,31,000/- by the AO, while considering the fact that the family members of the assessee were earning (but were below taxable limits), and the deposits made were from the past savings and earnings of the entire family which were pooled together.

Demand cannot be enforced on the deductee for non-deposit of TDS by deductor

October 15, 2022 3897 Views 0 comment Print

ITAT Chandigarh held that tax authorities cannot enforce any demand on the deductee if the amount of TDS deducted by the dedutor is not deposited with the Government.

Section 12AA Registration granted as primary object is advancement of general public utility

October 15, 2022 1923 Views 0 comment Print

ITAT Chandigarh held that registration u/s 12AA of the Income Tax Act granted as the primary objects of the assessee society are aimed at the advancement of the object of general public utility within the meaning of section 2(15) of the Act

OLA being an intermediary is not liable to deduct TDS on payment to drivers

September 16, 2022 9195 Views 0 comment Print

ITAT Chandigarh held that the aggregator/ intermediary (OLA) acts merely as an intermediary and hence not liable to deduct TDS u/s 194C on payments made to drivers.

Arbitral use of revisionary powers u/s. 263 is unsustainable

August 29, 2022 702 Views 0 comment Print

CIT Cannot exercise Revisionary Powers under Section 263 of Income Tax arbitrarily without satisfying twin conditions for exercising of power

ITAT allows reconciliation of difference between return of income & Form 26AS

August 26, 2022 2532 Views 0 comment Print

Assessee deserves one more opportunity to reconcile difference between contract receipts as shown in return of income & Form No. 26AS -ITAT

If source of income is provided than deeming section 115BBE provision not applicable

August 22, 2022 2901 Views 0 comment Print

Held that deeming provisions of section 115BBE doesn’t apply as source of income clearly explained and established by the assessee

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