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ITAT Chandigarh

Section 153C Addition unsustainable if no incriminating material found during Search

June 10, 2022 1545 Views 0 comment Print

We hold that in absence of any incriminating material found during the course of search with respect to the impugned transaction, the AO did not have any power to make the impugned addition.

Addition for concealed profit not possible on mere surmises

May 26, 2022 1260 Views 0 comment Print

DCIT Vs Agya Ram Manohar Lal (ITAT Chandigarh) Facts- The brief facts of the case for AY 2016- 17 are that the assessee firm derives income from business and income from other sources. The assessee firm belongs to M/s Roop Square Group of companies where a search and seizure operation u/s 132(1) was conducted on […]

Availability of tangible material is pre-conditional for reopening of assessment

May 24, 2022 1248 Views 0 comment Print

Valco Industries Ltd Vs ACIT (ITAT Chandigarh) Facts- The assessee originally filed return declaring total income of Rs.4,83,83,620/- on 28.09.2012 after claiming deduction of Rs.5,75,64,789/- u/s 80IC of the Act. The assessment was completed u/s 143(3) of the Act on 27.03.2015 at an income of Rs.8,07,03,620/- after making an addition of Rs.3,23,20,000/- on account of […]

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

May 23, 2022 9669 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 9237 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 8301 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 2625 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 1911 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 693 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 1602 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 […]

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