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ITAT Chandigarh

Commission not allowable in absence of evidence of rendering services

May 26, 2019 4191 Views 0 comment Print

Assessee has not produced any evidence before the authorities below regarding as to what services have been rendered by Shri Sarabjit Singh for the business of the assessee. No confirmation from Shri Sarabjit Singh was filed before the authorities below.

Tax cannot be levied on Loan Waived under one time settlement

May 16, 2019 21483 Views 0 comment Print

Sh. Jai Pal Gaba Vs ITO (ITAT Chandigarh) The very language of the section 28(iv) speaks about the value of any benefit or perquisite arising from business or exercise of a profession. Now considering the facts and circumstances of the case, though, the loan was taken for the purpose of business but the same was […]

No Netting of profit/loss of eligible units to calculate section 80-IC deduction

May 10, 2019 2142 Views 0 comment Print

No netting of profits and losses of the eligible units was to be done for the purpose of calculating the deduction under section 80-IC and each unit for the said purpose had to be treated separately.

No disallowance of Interest on borrowed capital for Interest free advances if Sufficient own funds available

April 22, 2019 3954 Views 0 comment Print

Where assessee made interest free advances out of interest free own funds available with it, no disallowance of deduction under section 36(1)(iii) was called for.

Set off of business losses against capital gains is not mandatory

February 21, 2019 70329 Views 1 comment Print

Sh. Ajay Kumar Singhania Vs DCIT (ITAT Chandigarh) The sole issue involved in this appeal is as to whether under the provisions of section 71 of the Income-tax Act, 1961 (in short ‘the Act’) there is an option to the assessee to set off the business losses against the capital gains or is it mandatory to […]

Interest disallowance justified for Interest-free loan to sister concern for non-commercial expediency

February 8, 2019 2781 Views 0 comment Print

Where assessee-company had advanced interest-free loan to its sister concerns out of interest bearing fund, the disallowance under section 36(1)(iii) was proper because the loan could not be said to have been given out of commercial expediency, when the two concerns had independent lines of manufacturing and were manufacturing different products.

Profit / losses of all undertakings are to be treated separately while calculating deduction u/s 80IC

December 6, 2018 4761 Views 0 comment Print

Milestone Gears Private Limited Vs ACIT (ITAT Chandigarh) For the purpose of calculating deduction u/s 80IC, profit of each undertaking should be treated separately and losses from other eligible undertaking should be ignored. Profit and losses of all the eligible undertaking couldn’t be netted off. Facts –- Assessee is engaged in the manufacturing of automotive […]

Foreign travel expenses of MD of company for business purpose allowable

November 30, 2018 15279 Views 0 comment Print

Foreign travelling expenses incurred by assessee-company for its Managing Director (MD) should be allowed as deduction as AO had no basis for holding the expenses incurred on the MDs trip to Germany as excessive or personal.

TDS not deductible on by-product retained by millers, as same was not passed on as Milling Charges

October 30, 2018 5925 Views 0 comment Print

ITO (TDS) Vs. M/s Punjab State Warehousing Corporation (ITAT Chandigarh) The main contention of the Department is that by-product retained by the millers have considerable market value and further that a sum of Rs. 15/- paid as ‘milling charges’ is a nominal cost which is insufficient to meet even the actual cost of services rendered […]

Trust penalized by ITAT for fraudulently seeking exemption as Govt Trust

October 30, 2018 1200 Views 0 comment Print

Sri Dashmesh Academy Trust Vs CIT (Exemptions) (ITAT Chandigarh) Identical contentions as were raised by the representatives of the Trust before the lower authorities that the Trust is controlled and managed by the Government or that its funds and properties otherwise belong to the Government, have been raised by the counsel for the assessee Trust […]

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