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ITAT Chandigarh

Reopening not valid, when very basis of its belief been reversed by ITAT before recording of reasons by AO

May 28, 2018 1314 Views 0 comment Print

DCIT  Vs  M/s DSM Sinochem Pharmaceuticals Pvt. Ltd. (ITAT Chandigarh) In this case since there was no reason at all for reopening the case on the issue of treatment of royalty expenses ,since the same had already been decided in favour of the assessee by the ITAT, before the recording of reasons for reopening the present case. […]

Application U/s. 80G(5) cannot be rejected for sufficiency of funds with an institution

May 1, 2018 2682 Views 0 comment Print

CIT(E) was not justified in rejecting approval sought by assessee under section 80G(5) on the allegation that assessee had sufficient disposable fund because sufficiency of funds available with an institution seeking the approval is not mentioned as condition under section 80G, which needs to be looked into before granting approval.

Section 54 not mandates completion of construction with 3 years

April 16, 2018 8010 Views 0 comment Print

Various courts have held that if assessee invests the amount in purchase / construction of building within the stipulated period and the construction is in progress, then the benefits of exemptions under section 54 / 54F, cannot be denied to the assessee.

No penalty on income on which tax been paid before notice U/s. 148 & disclosed later

April 8, 2018 16440 Views 0 comment Print

Prabhjit Singh Sidhu Vs. Asst. DIT (International Taxation) (ITAT Chandigarh) The facts before us also demonstrate that the disclosure in the return of income filed under section 148 of the Act was voluntary and before detection of the same by the Revenue. The payment of taxes on the said income two months prior to issue […]

ITAT passes Strictures passed against Dept for showing open defiance of, disrespect of, or of open resentment to, orders of Tribunal

April 6, 2018 1257 Views 0 comment Print

This is an application moved by the department for vacation of ad interim stay orders dated 15.2.2017 and 28.4.2017. It has been pleaded in the application that in this case the then concerned Assessing Officer had passed a very well-reasoned order while disallowing the claim of the assessee of exemption u/s 11 of the Income Tax Act.

Advance cannot be treated as deemed dividend if Assessee do not have substantial interest

February 22, 2018 1812 Views 0 comment Print

The issue in hand pertains to addition made on account of deemed dividend as per provisions of section 2(22)(e) of the Act. Being a deeming provision, bringing to tax sums which are not actually in the nature of income but are only deemed to be so, it is to be strictly interpreted. Section 2(22)(e) of […]

100% Deduction U/s. 80IC allowable on Substantial expansion of eligible unit

January 21, 2018 1854 Views 1 comment Print

Friends Alloys Vs ACIT (ITAT Chandigarh) From perusal of the order of the AO, it was found that the AO had not disputed that the assessee had carried out substantial expansion as provided under clause (b) of sub-section (2) read with clause (ix) of sub-section (7) of section 80-IC. Hence, the impugned order of the […]

Understated Sale Value of Agricultural Land to avoid payment of Stamp Duty taxable

January 18, 2018 9438 Views 0 comment Print

 ACIT Vs. Sh. Mohinder Singh (ITAT Chandigarh) Nature of receipt of income over and above the registered sale consideration in the hands of seller The nature of receipt of the income over and above the registered sale consideration in the hands of seller would not fall under the head ‘Capital Gains’ but ‘income from other […]

ITAT found conduct of AO in Tax Recovery case of pre-empting it from dealing with Stay application

December 20, 2017 2535 Views 0 comment Print

With this common order we will dispose of the captioned applications of the assessee seeking stay for the recovery of outstanding tax demand for assessment year 2009-10 & 2013-14 respectively.

No Penalty for Disallowance of Debatable and Bonafide claim

December 19, 2017 1416 Views 0 comment Print

DCIT Vs. Sh.Vipan Guppta Prop. (ITAT Chandigarh) We find no infirmity in the order of the Ld.CIT(Appeals) in deleting the penalty levied following the decision of the Coordinate Bench in the case of M/s Hycron Electronics Vs. ITO in ITA No. 326/Chd/2015 relating to assessment year 2009-10. On perusal of the said order we find that […]

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