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ITAT Chandigarh

No Section 54 exemption on Gain on Sale of industrial plot of land with office-cum-residential structure

May 23, 2022 9567 Views 0 comment Print

Chain Singh Mundra Vs ITO (ITAT Chandigarh) In the instant case, the limited dispute relates to whether the assessee has transferred a residential house or not. On perusal of the Sale Deed executed by the assessee, it is noticed that what has been transferred is an industrial plot No.C-10 alongwith construction thereon situated at Sector […]

Rule 11U(b) not mandate that Balance Sheet should be audited on valuation date

May 14, 2022 9126 Views 0 comment Print

Electra Paper and Board Pvt. Ltd. Vs ITO (ITAT Chandigarh) In the instant case undisputedly on the date of allotment of shares i.e. 31.3.2016, a balance-sheet was drawn by the assessee albeit the said balance sheet was unaudited on that date. The FMV of the shares was determined on the basis of said balance-sheet. The […]

PF Disallowance: Amendment in Sec 36(1)(Va) & 43B Applicable From AY 2020-21

May 10, 2022 8262 Views 0 comment Print

ITAT Chandigarh allows delay in PF payment. Assessee’s Rs. 4,62,844 paid before return filing. Amendments by Finance Act 2021 are prospective, not retrospective.

Explanation of opening cash in hand out of Tuition Income of earlier Years cannot be rejected without assigning any reason

April 30, 2022 2598 Views 0 comment Print

Smt. Sarabjit Kaur Vs ITO (ITAT Chandigarh) In both the years under consideration, the assessee has declared income from tuition fee in her return of income and in both the years there were cash deposits in the bank account being maintained by the assessee. The Assessing officer added the cash deposits to the income of […]

AO made adequate enquiries – PCIT not conducted any independent enquiry- Section 263 proceedings invalid

March 29, 2022 1896 Views 0 comment Print

Sh. Sanjay Jain Vs PCIT (ITAT Chandigarh) In the present set of cases, AO asked the assessees to furnish the relevant details relating to Long Term Capital Gain, Short Term Capital Gain, exemption u/s 10(36) of the Act, deduction u/s 57 of the Act and unsecured loans and the assessees furnished all the relevant documents […]

ITAT directs NFAC to reconsider Appeal instead of dismissing merely for delay in filing

March 27, 2022 660 Views 0 comment Print

Neelam Hospital Vs ITO (ITAT Chandigarh) Admittedly and undisputedly, the assessee had filed the appeal before the NFAC beyond the period of limitation and there was a delay of 252 days in filing the appeal. However, it is also undisputed that the NFAC did not adjudicate the appeal of the assessee on merits but dismissed […]

Employees’ contribution towards ESI/PF paid before due date of filing of return of income allowable

March 17, 2022 1557 Views 0 comment Print

Arjun Yadav Vs DCIT (ITAT Chandigarh) In the instant case, it is not in dispute that employees’ contribution to ESI and PF had been deposited well before the due date of filing of return of income u/s 139(1) of the Act. We further note that though the ld. CIT(A) has not disputed the various decisions […]

Section 69A addition not justified for Amount received through Bank, duly recorded in books & explained by Assessee

March 6, 2022 7647 Views 0 comment Print

Entries relating to advances received from Hardev Singh and his son Maninder Singh Sahi from Canada were recorded in books of account and assessee also explained that amount was received as an advance for making investment in property by said person, and assessee was engaged in the property business. Assessee also requested AO to summon concerned party under section 131 but AO did not accede to the request of assessee and made the addition, therefore, addition made by AO was not justified.

Section 263 jurisdiction valid on issues not enquired by AO

January 31, 2022 1449 Views 0 comment Print

A perusal of the record shows that this allegation of the Ld. Pr. CIT is correct in so far as no query has been raised by the AO on these two issues and neither has the assessee made any submissions either before the AO or even before the Ld. PR. CIT on these two issues even when the said issues were duly mentioned in the show cause notice issued u/s 263 of the Act. Accordingly, we have no option but to uphold the impugned order u/s 263 of the Act on these two issues.

ITAT allows prior period Expenses based on principle of crystallization of liability

January 31, 2022 14817 Views 0 comment Print

Kamla Retail Ltd. Vs ACIT (ITAT Chandigarh) It is no doubt true that it is incumbent upon the assessee to account for the expenses in respective financial year in which they are incurred or the liability towards such expenses has accrued which is in line with the mercantile system of accounting as well as concept […]

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