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ITAT Chandigarh

Exemption u/s 54B not available when property not purchased in name of assessee

May 27, 2023 1503 Views 0 comment Print

ITAT Chandigarh held that exemption under section 54B of the Income Tax Act is not available when property was not purchased in the name of the assessee.

Disallowance of expense u/s 14A unsustainable as investment in shares were stock-in-trade

May 17, 2023 678 Views 0 comment Print

ITAT Chandigarh held that disallowance of expenses u/s 14A read with Rule 8D is unwarranted on the premise that the investment in shares were stock-in-trade.

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

April 26, 2023 3114 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 903 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 3996 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 2175 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 1350 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 1413 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 1422 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 732 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.

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