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ITAT Chandigarh

Section 54B Exemption on payment for purchase of land against advance received

April 26, 2023 2850 Views 0 comment Print

Inderjit Singh Mann Vs ACIT (ITAT Chandigarh) The assessee has filed copy of the sale deed dated 19.2.2009 in the paper book in which it is specifically mentioned that assessee received various advances from the purchasers on different dates in the year 2007 before execution of sale deed. According to the chart prepared by the […]

In absence of enabling powers, no disallowance can be made by CPC

April 26, 2023 828 Views 0 comment Print

It goes without saying that in the absence of enabling powers, no disallowance can be made. As such, enabling provisions being absent, the CPC did not have the jurisdiction to make the disallowance in question, in the order u/s 143 (1) of the Act.

Section 143(3) order invalid if Passed without Issuing Section 143(2) notice

April 23, 2023 3756 Views 0 comment Print

ITAT held that assessment order is bad in law as assessing authority passed order u/s 143(3) without issuing mandatory notice u/s 143(2)

Deeming provisions u/s 69 r/w section 115BBE doesn’t apply to income surrendered as account receivable

April 18, 2023 1941 Views 0 comment Print

ITAT Chandigarh held that the income so surrendered by way of account receivables cannot be brought to tax under the deeming provisions u/s 69 r/w section 115BBE of the Income Tax Act.

No additions in case business advances were made out of business receipts

March 14, 2023 1230 Views 0 comment Print

Where assessee had offered business receipts amounting to Rs 41,81,800/- in his return of income which was sufficient to make business advances of Rs 8,05,000/- there was no justifiable reason to not accept the entries in the cash book corresponding to advances of Rs 8,05,000/- made out of said business receipts.

Submitted additional evidence are critical for determining the issue- ITAT remanded matter back to CIT(A)

March 10, 2023 1167 Views 0 comment Print

ITAT Chandigarh held that as additional evidence submitted are essential and critical for determination of issue under consideration, matter remanded back to ld. CIT(A).

Penalty u/s 271(1)(c) not leviable for bona fide wrong claiming of depreciation

February 25, 2023 1344 Views 0 comment Print

ITAT Chandigarh held that claiming of wrong depreciation on the advice of auditor is bona fide claim and hence penalty under section 271(1)(c) of the Income Tax Act not leviable.

AO cannot disturb assessment which has attained finality except if contrary material found during search

February 17, 2023 681 Views 0 comment Print

ITAT Chandigarh held that AO not empowered to disturb the assessment order/ reassessment order which has attained finality, unless contrary material gathered in the course of proceedings u/s 153A of the Income Tax Act.

Addition of mere book entry unsustainable

February 11, 2023 5169 Views 0 comment Print

ITAT Chandigarh held that addition of mere book entry unsustainable as no amount has been received and no adverse interference with regard to the same has been drawn by the department.

Revision u/s 263 without satisfying twin conditions is unsustainable

February 7, 2023 2073 Views 0 comment Print

ITAT Chandigarh held that invocation of revisionary jurisdiction under section 263 of the Income Tax Act without satisfying twin conditions i.e. that the order of the AO must be erroneous and prejudicial to the interest of revenue is unsustainable in law.

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