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ITAT Chandigarh

Section 12AA mandates passing of order refusing or granting registration in writing

December 1, 2022 621 Views 0 comment Print

Shyama Sharma Charitable Trust Vs CIT, Exemptions (ITAT Chandigarh) The provisions of section 12AA provides that the CIT(E) after receipt of application and calling for such documents and information as he thinks necessary and after making such enquiries as he may deem necessary and after satisfying himself about the objects of the assessee society and […]

Not feasible to upload voluminous books on Income Tax Portal- ITAT directs AO to do physical examination

December 1, 2022 1437 Views 0 comment Print

Piyush Overseas Pvt. Limited Vs DCIT (ITAT Chandigarh)  ITAT find merit in the contention of the ld AR that where the assessment has been conducted through a virtual electronic platform, it may not be feasible to submit and upload the voluminous books of account, sale / purchase register, cash book, and other ledger account along with […]

Suspicions of department cannot be base for revisionary proceedings

November 26, 2022 1395 Views 0 comment Print

ITAT Chandigarh held that suspicions entertained by the Revenue cannot be the basis of unsettling the valid order and hence revisionary order proceeded entirely on presumptions, conjectures and surmises is liable to be quashed.

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

November 22, 2022 5259 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 621 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 1236 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 2163 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 2415 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 765 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 759 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 […]

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