M/S STYLAM INDUSTRIES LTD.,CHANDIGARH vs. DCIT, C-1(1), CHANDIGARH

In the result, the Department’s appeal in for assessment year

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

1) concerns income deemed to accrue or arise in India, the provisions of Section 195 are to be read in consonance with these two provisions. The AO holds that since the income of the assessee non-resident is deemed to accrue or arise in India, TDS under Section 195 is mandatory. 9.3 The AO holds that according to Sections

DCIT, C-1(1), CHANDIGARH vs. M/S STYLAM INDUSTRIES LTD., CHANDIGARH

In the result, the Department’s appeal in for assessment year

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

1) concerns income deemed to accrue or arise in India, the provisions of Section 195 are to be read in consonance with these two provisions. The AO holds that since the income of the assessee non-resident is deemed to accrue or arise in India, TDS under Section 195 is mandatory. 9.3 The AO holds that according to Sections

DCIT, C-1(1), CHANDIGARH vs. M/S STYLAM INDUSTRIES LTD., CHANDIGARH

In the result, the Department’s appeal in for assessment year

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

1) concerns income deemed to accrue or arise in India, the provisions of Section 195 are to be read in consonance with these two provisions. The AO holds that since the income of the assessee non-resident is deemed to accrue or arise in India, TDS under Section 195 is mandatory. 9.3 The AO holds that according to Sections

DY. COMMISSIONER OF INCOME TAX, CIRCLE-4, , AAYAKAR BHAWAN vs. ROCKMAN INDUSTRIES LIMITED, -

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

14A. 23.2 We also hold that the Ld. CIT(A) in his impugned order has rightly held that in view of the judgment of Hon’ble Supreme Court of India in case of Oil Industry development board case has held that “ In the absence of any exempt income, no disallowance can be made.” 23.3 We therefore find no infirmity

DY. COMMISSIONER OF INCOME TAX, CIRCLE-4, AAYAKAR BHAWAN vs. ROCKMAN INDUSTRIES LIMITED, -

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

14A. 23.2 We also hold that the Ld. CIT(A) in his impugned order has rightly held that in view of the judgment of Hon’ble Supreme Court of India in case of Oil Industry development board case has held that “ In the absence of any exempt income, no disallowance can be made.” 23.3 We therefore find no infirmity

DY. COMMISSIONER OF INCOME TAX, CIRCLE-4, LUDHIANA, - vs. ROCKMAN INDUSTRIES LTD, -

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

14A. 23.2 We also hold that the Ld. CIT(A) in his impugned order has rightly held that in view of the judgment of Hon’ble Supreme Court of India in case of Oil Industry development board case has held that “ In the absence of any exempt income, no disallowance can be made.” 23.3 We therefore find no infirmity

ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-4, AAYAKAR BHAWAN vs. ROCKMAN INDUSTRIES LIMITED, -

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

14A. 23.2 We also hold that the Ld. CIT(A) in his impugned order has rightly held that in view of the judgment of Hon’ble Supreme Court of India in case of Oil Industry development board case has held that “ In the absence of any exempt income, no disallowance can be made.” 23.3 We therefore find no infirmity

DY. COMMISSIONER OF INCOME TAX, CIRCLE-4,, AAYAKAR BHAWAN vs. ROCKMAN INDUSTRIES LIMITED, -

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

14A. 23.2 We also hold that the Ld. CIT(A) in his impugned order has rightly held that in view of the judgment of Hon’ble Supreme Court of India in case of Oil Industry development board case has held that “ In the absence of any exempt income, no disallowance can be made.” 23.3 We therefore find no infirmity

DCIT CIRCLE-4, LUDHIANA, LUDHIANA vs. ROCKMAN INDUSTRIES LTD, LUDHIANA

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

14A. 23.2 We also hold that the Ld. CIT(A) in his impugned order has rightly held that in view of the judgment of Hon’ble Supreme Court of India in case of Oil Industry development board case has held that “ In the absence of any exempt income, no disallowance can be made.” 23.3 We therefore find no infirmity

DY. COMMISSIONER OF INCOME TAX, CIRCLE-4, LUDHIANA, AAYAKAR BHAWAN vs. ROCKMAN INDUSTRIES LIMITED, -

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

14A. 23.2 We also hold that the Ld. CIT(A) in his impugned order has rightly held that in view of the judgment of Hon’ble Supreme Court of India in case of Oil Industry development board case has held that “ In the absence of any exempt income, no disallowance can be made.” 23.3 We therefore find no infirmity

DY. COMMISSIONER OF INCOME TAX, AAYAKAR BHAWAN vs. ROCKMAN INDUSTRIES LIMITED, FOCAL POINT

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

14A. 23.2 We also hold that the Ld. CIT(A) in his impugned order has rightly held that in view of the judgment of Hon’ble Supreme Court of India in case of Oil Industry development board case has held that “ In the absence of any exempt income, no disallowance can be made.” 23.3 We therefore find no infirmity

ACIT, CIRCLE, PANCHKULA vs. M/S HARYANA VIDYUT PRASARAN NIGAM LTD., PANCHKULA

In the result, we upheld the

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

TDS under section 194A of the Act. Hence, the provision so made was also held disallowable under section 40(a)(ia)of the Act and this was one of the reason recorded before issuance of notice under section 148 of the Act. Thereafter, during the reassessment proceedings, the AO accepted the submissions of the assessee that no tax was required

ASSISTANT COMMISSIONER OF INCOME TAX, PANCHKULA CIRCLE, PANCHKULA, PANCHKULA vs. HARYANA STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED, PANCHKULA

In the result, the present appeal of the Revenue is allowed for statistical purposes

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

1)(a), the power of CIT(A) to set aside the case to the file of AO has been taken away by Finance Act, 2001 w.e.f. 01.06.2001 and the directions of CIT(A) to the AO in para 5.5 of the Order virtually amount to setting aside the issue? 4. Whether on the facts and circumstances of the case

ASSISTANT COMMISSIONER OF INCOME TAX, PANCHKULA CIRCLE, PANCHKULA, PANCHKULA vs. HARYANA STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LTD, PANCHKULA

In the result, the present appeal of the Revenue is allowed for statistical purposes

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

1)(a), the power of CIT(A) to set aside the case to the file of AO has been taken away by Finance Act, 2001 w.e.f. 01.06.2001 and the directions of CIT(A) to the AO in para 5.5 of the Order virtually amount to setting aside the issue? 4. Whether on the facts and circumstances of the case

ASSISTANT COMMISSIONER OF INCOME TAX, PANCHKULA CIRCLE, PANCHKULA, PANCHKULA vs. HARYANA STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LTD, PANCHKULA

In the result, the present appeal of the Revenue is allowed for statistical purposes

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

1)(a), the power of CIT(A) to set aside the case to the file of AO has been taken away by Finance Act, 2001 w.e.f. 01.06.2001 and the directions of CIT(A) to the AO in para 5.5 of the Order virtually amount to setting aside the issue? 4. Whether on the facts and circumstances of the case

DEPUTY COMMISSIONER OF INCOME TAX, CHANDIGARH vs. ESSIX BIOSCIENCES LIMITED, CHANDIGARH

In the result, the appeal filed by the Department is

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

Section 14A cannot exceed the amount of exempt income earned by the assessee. (iii) On the facts and circumstances of the case, the above action of the CIT(A), ITD is contrary to the settled position of law that Income Tax Authorities are duty bound to compute the correct income of the assessee. 6. Apropos Ground Nos. 1

ACIT, CIRCLE, PANCHKULA vs. M/S HARYANA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD., CHANDIGARH

In the result, the appeal of the department is dismissed

Bench: Shri N.K.Saini & Shri Sanjay Garg

14A for disallowance of expenditure on investments which were made in earlier years. Thus, the disallowance of Rs. 1,33,610/- is deleted. 21. We have gone through the facts on record, since no exempt income was earned during the year and no interest expenditure has been incurred on any loan the addition made is not called

M/S HARYANA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD.,CHANDIGARH vs. DCIT, CIRCLE, PANCHKULA

In the result, the appeal of the department is dismissed

Bench: Shri N.K.Saini & Shri Sanjay Garg

14A for disallowance of expenditure on investments which were made in earlier years. Thus, the disallowance of Rs. 1,33,610/- is deleted. 21. We have gone through the facts on record, since no exempt income was earned during the year and no interest expenditure has been incurred on any loan the addition made is not called

DCIT, C-1(1), CHANDIGARH vs. UNIPRO TECHNO INFRASTRUCTURE PRIVATE LIMITED, CHANDIGARH

In the result, appeal of the Department is dismissed

1 to 26 b) The questionnaire received from the Assessing Officer and the relevant queries raised at serial No. 5,6,7 and 11 of the same relating to the claim of the assessee under section 80 IA placed at paper book page No. 29 to 35. The relevant queries raised in the questionnaire are as follows