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ITAT Chandigarh

Section 80-IC deduction eligible on exchange rate fluctuation

June 28, 2022 1734 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 1359 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 573 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.

Amount, not debited to P&L account, not taxable u/s 41(1)

June 25, 2022 2256 Views 0 comment Print

The amount was never debited to the profit and loss account as an expenditure in the year they were received also the amount has not been written off. Said amount not taxable u/s 41(1)

Addition of gold jewellery not sustained in absence of expert valuer’s report

June 25, 2022 1182 Views 0 comment Print

Enhancing the quantity of gold by the weight of stones and diamonds is not logical. It was neither valued nor any Expert Valuers report was available on record. Addition unsustainable.

Cash deposit due to cash sales & cash receipt from debtors permissible

June 25, 2022 8805 Views 0 comment Print

Books of accounts maintained by the assessee were audited and accepted by the AO. Cash sales and cash realized from debtors were also known to AO. Addition u/s 69A of cash deposited deleted.

ITAT condones delay in filing of appeal by illiterate agriculturists

June 24, 2022 2247 Views 0 comment Print

Explore the ITAT Chandigarh ruling in Kapoor Singh Vs ITO case, analyzing delay condonation, agricultural assessees issues, and the merit of tax assessments.

ITAT directs AO to allow TDS credit on freight receipts appearing in form 26AS

June 22, 2022 813 Views 0 comment Print

HP Ex Servicemen Corporation Vs ACIT (ITAT Chandigarh) Issue– Ld. CIT(A) not granted the credit of TDS of Rs. 1,90,76,546/- (duly reflected in Form no. 26AS) by stating that the assessee had not offered the freight receipts as income for the relevant year under consideration ignoring the fact that the assessee had shown the net […]

Govt. authority cannot act in irresponsible & negligent manner

June 18, 2022 684 Views 0 comment Print

Government Corporation is like any other assessee before the tax authority and cannot be allowed to plead that on this count it be given a preferential treatment and be allowed to escape the responsibilities of representing their case before the other governmental authorities including the tax authorities.

Repayment of debt, incurred by trust, for construction of building is application of income

June 12, 2022 7869 Views 0 comment Print

DCIT Vs Ram Asra Goyal Education & Research Society (ITAT Chandigarh) Facts- The assessee society was registered under the Societies Registration Act and also registered u/s. 12AA of the Income-tax Act, 1961. The assessee filed its ROI on 03-09-2014 declaring Nil income. Later on, the case was selected for scrutiny. During the course of assessment […]

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