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ITAT Chandigarh

Addition of cash deposited in bank post demonetization due to cash sales unsustainable

August 15, 2022 5187 Views 0 comment Print

Charu Aggarwal Vs DCIT (ITAT Chandigarh) Held that cash sales made by the assessee which was deposited in the bank post demonetization is sufficient source of cash deposited. Addition of the same unsustainable. Facts- A notice u/s 153A was issued to the assessee post search operation. Thereafter, the assessee filed its ROI declaring an income […]

Forex derivative transaction for hedging the foreign currency risk is not speculative transaction

August 13, 2022 2361 Views 0 comment Print

Held that the assessee entered into forex derivative transaction with the ICICI Bank to hedge the foreign currency risk involved in the transaction. Thus, expenses claimed were revenue in nature as the derivative transaction entered into by the assesse was not in the nature of speculative transaction.

Addition towards unexplained cash credit unjustified as evidences and books of account not rejected

August 5, 2022 1812 Views 0 comment Print

Held that addition u/s. 68 and 69A unsustainable as evidences relating to cash deposited submitted and not doubted by AO and also books of account of the assessee are also not rejected u/s 145(3).

Mere Suspicions not enough for Initiation of section 263 Proceedings

July 31, 2022 369 Views 0 comment Print

Sunita Goyal Vs PCIT (ITAT Chandigarh) In the absence of any evidence or fact rebutting the claim of the assessee, the order passed after due enquiries as per record by the AO cannot be set aside on mere inferences and presumptions. The suspicions of the ld. PCIT cannot be the basis for setting aside a […]

Exercising revisionary power u/s 263 in casual arbitrary manner is unsustainable

July 22, 2022 486 Views 0 comment Print

Held that for invoking revisionary power u/s 263 it is necessary to point out the error in the order and that too such an error should be prejudicial to the interest of the revenue

No addition for cash payment for property out of cash withdrawals by family members

July 10, 2022 1068 Views 0 comment Print

Gurmeet Kaur Khurana Vs ITO (ITAT Chandigarh) The relevant facts of the case are that the assessee had invested an amount of Rs.6 lacs for immovable property with M/s Bajwa Developers Ltd. The investment was made vide cash payments. The transaction was flagged. It was noticed that no tax return was filed by the assessee. […]

Addition, due to discrepancy in silver stock in regular course of business, unjustified

July 2, 2022 957 Views 0 comment Print

Discrepancies in the silver jewellery cannot be said to be from an unexplained source as no such fact or allegation has either been made in the Survey. The discrepancy in the silver stock was in the regular course of the business of the assessee.

Section 80-IC deduction eligible on exchange rate fluctuation

June 28, 2022 1704 Views 0 comment Print

Explore the ITAT Chandigarh ruling in Classic Binding Industries vs. DCIT case. Victory for the assessee on 80-IC deduction for exchange rate fluctuation and substantial expansion.

Responsibility of CIT(A) to adjudicate on merits even If no submission was made

June 28, 2022 1263 Views 0 comment Print

Even if the assessee was unrepresented, CIT(A) should have adjudicated the issues before him based on the case record before him but unfortunately, CIT(A) chose not to do so and dismissed the assessee’s appeal without examining the case on merits. Therefore, the condonation of delay was allowable and substantial justice required that the issues should be re-­examined by CIT(A).

No incriminating material during search, no addition u/s 69

June 27, 2022 543 Views 0 comment Print

Addition u/s 69 unsustainable as assessee books of account have not been rejected and also durin search no incriminating material was found which would point out towards the assessee introducing her unaccounted cash into the books of account.

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