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ITAT Chandigarh

Employees contribution of ESI/PF paid prior to filing of return of income u/s 139(1) allowable

December 26, 2021 2583 Views 0 comment Print

Citi Centre Developers Vs CPC (ITAT Chandigarh) Since the facts of the present cases are identical to the facts involved in Raja Ram Vs. ITO, Yamunanagar (ITAT, Chandigarh) therefore respectfully following the earlier orders as referred to herein above of the different Benches of the ITAT, the impugned additions made by the Assessing Officer and […]

Section 36(1)(va) – Amendment by Finance Act, 2021 applicable w.e.f. assessment year 2021-22

December 23, 2021 5379 Views 0 comment Print

Jagmohan Singh Vs DCIT (ITAT Chandigarh)  In the instant case, it is not in dispute that employees’ contribution to ESI and PF collected by the assessee from its employees had been deposited well before the due date of filing of return of income u/s 139(1) of the Act. We find that the issue is squarely […]

No extension of period to pass assessment order being time-barred under guise of special audit u/s 142(A)

December 14, 2021 2277 Views 0 comment Print

Reference for special audit u/s 142(A) was invalid and the assessment orders so passed in the extended time were held to be barred by limitation.

No addition of unaccounted investment if transactions were via Banking Channels

December 2, 2021 1479 Views 0 comment Print

Addition on account of investment made from undisclosed sources was deleted as as all transactions were made through banking channels and AO had made the addition in question on assumption and presumption basis.

Section 54 deduction available even on amount invested in excess of share in property

October 22, 2021 2070 Views 0 comment Print

ITO Vs Rachna Arora (ITAT Chandigarh) Solitary issue in the present appeal pertained to claim of exemption u/s 54 of the Act of Long Term Capital Gains earned by the assessee being invested in another property. The shares of three co-owners namely the assessee, her son in law and her daughter in the purchased property […]

ITAT deletes addition for alleged Bogus LTCG on Penny Stock

September 24, 2021 8145 Views 0 comment Print

Shri Sanjay Singal Vs DCIT (ITAT Chandigarh) Addition of Rs. 61.86 Crore in 9 Appeals on Account of Bogus Long Term Capital Gain U/S 10(38) Claimed Deleted on Facts of Alleged Penny Scrip of PIL (Praneta Industries Ltd) and Revenue Rule 29 Application Containing Fir Filed by ED Against Companies of Bhushan Group & Statement […]

Written off of stock allowable if the same had no realizable value

July 30, 2021 7692 Views 0 comment Print

Since the major write off claim evidently pertained to vaccines which assessee consistently claimed had been nearing expiry and thus had no realizable value and nothing had been pointed out regarding the insufficiency of evidences filed by assessee, therefore, the claim of assessee was fully justified for write off  of vaccines since undoubtedly such vaccines were not capable of being used beyond expiry period and had no realizable value thereafter.

No disallowance without depicting how salary to specified persons was excessive

May 27, 2021 4473 Views 0 comment Print

Manav Mangal Society Vs DCIT (ITAT Chandigarh) Conclusion: Since the specified persons possessed the requisite qualifications and rendered the services, therefore, it cannot be held that payment of salary to the specified persons was unreasonable particularly when no comparable case was cited by AO. Therefore, the exemption could not be denied under section 13(1)(c). Held:  […]

Section 147: Assessee cannot be put to mercies of careless, casual, arbitrary or whimsical exercise of power

May 25, 2021 2790 Views 2 comments Print

Simar Kaur Vs ACIT (ITAT Chandigarh) It is seen that the assessee has consistently maintained its challenge that notice was not issued as it has not been served. The tax authorities have rejected the challenge holding that non-receipt is not equivalent to non-service. It is seen that though the challenge is recorded the wording in […]

Conversion of limited scrutiny into complete scrutiny on mere suspicion is invalid

May 24, 2021 7413 Views 0 comment Print

Ropar Properties And Builders Pvt. Ltd. Vs ITO (ITAT Chandigarh) To convert the limited scrutiny into complete scrutiny, the Assessing Officer shall be required to form a reasonable view that there is a possibility of under statement of income and that view should be based on credible material or information available on record and such […]

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