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ITAT Chandigarh

Written submissions without a conscious waiver cannot be treated as waiver of Right to be heard

April 29, 2021 2160 Views 0 comment Print

ITAT Chandigarh addresses limitations, record definition, and right to be heard in Amrik Singh Bhullar Vs ITO case. Important insights for taxpayers.

Reassessment initiation solely based on report of Investigation Wing liable to be quashed

April 22, 2021 3822 Views 0 comment Print

Reassessment proceedings initiated upon report of the Investigation Wing was not valid as AO had not applied his mind independently and acted solely upon the report of the Investigation Wing.

No revision by CIT if AO had taken a possible view

April 19, 2021 1176 Views 0 comment Print

CIT was not justified in exercising his powers under section 263 and considering the assessment order passed by AO as erroneous and prejudicial to the interest of the Revenue as AO after appreciating the complete documentary evidences placed on record and applying his mind to the facts of the case, accepted the evidences filed by assessee and had taken a possible view.

Mere Word Satisfied Invalidates Section 148 Approval given without Reasoning

March 15, 2021 3003 Views 0 comment Print

Tek Chand Vs ITO (ITAT Chandigarh) The A.O. obtained the approval of the PR. CIT before issuing the notice under section 148 of the Act. The proposal dt. 11/03/2016 seeking the approval for issuance of notice under section 148 of the Act, by the A.O. is placed at page no. 2 & 3 of the […]

Section 11(2) not mandate a limitation for filing notice of accumulation in Form No. 10

February 7, 2021 1221 Views 0 comment Print

Infrastructure Development Fund Vs DCIT (ITAT Chandigarh) The Tribunal adjudicating on the identical issue, has held that if form No. 10 is filed during the continuation of the assessment proceedings that should have been taken into consideration by the Assessing Officer. That non filing of the Form No. 10 within stipulated period may be an […]

Cash found short cannot be treated as income of assessee

October 16, 2020 4914 Views 0 comment Print

A.P. Refinery Pvt. Ltd. Vs DCIT (ITAT Chandigarh) The issue before us relates to addition made to the income of the assessee on account of cash found short with the assessee. Cash short, at the most represents expenses / outgoings out of cash available with the assessee not accounted for in the books of the […]

Section 80IA(4) deduction eligible on developing / providing Lift Irrigation Scheme/ Lift Water Supply Scheme

October 13, 2020 2010 Views 0 comment Print

Unipro Techno Infrastructure Private Ltd Vs DCIT (ITAT Chandigarh) The brief facts relating to the issue are that the assessee is primarily engaged in developing / providing Lift Irrigation Scheme/ Lift Water Supply Scheme for different state governments. The assessee claims that the said development work carried out by the assessee falls within the definition […]

Additional claim can be made before ITAT despite no such claim in Return of Income

October 11, 2020 7629 Views 0 comment Print

The issue under consideration is whether submitting additional claims before tribunal, which is not claim in return of income will be sustain in law?

Expenditure on Club membership fees for business allowable

October 7, 2020 57528 Views 0 comment Print

ISGEC Heavy Engineering Ltd Vs DCIT (ITAT Chandigarh) In the present case the assessee has incurred the expenses on account of club membership fees for the employees and to entertain customers, so, these were business expenses under section 37(1) of the Act. ITAT Follows Hon’ble Supreme Court Judgment in the case of CIT Vs. United […]

Section 11 exemption cannot be withdrawn merely for profit from certain incidental or ancillary activities of the trust

October 7, 2020 1935 Views 0 comment Print

JCIT(OSD), (Exemptions) Vs Patiala Improvement Trust (ITAT Chandigarh) The AO noticed that during the year relevant to the assessment year under consideration the assessee carried on the business of sale and purchase of residential plots and commercial properties and earned huge net profit of Rs. 9,95,74,223/-, which does not fall within the ambit of the […]

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