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ITAT Chandigarh

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

November 7, 2022 1857 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 2223 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 3588 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 […]

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

October 28, 2022 1383 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 2220 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 1206 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 2175 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 3960 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 1956 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 9282 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.

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