HARISH GANDHI,KAITHAL, HARYANA vs. INCOME TAX OFFICER WARD-1, KAITHAL, KAITHAL, HARYANA

In the result, the appeal of the assessee is allowed for statistical purposes

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

139(5) may not be treated infructuous return being not filed in accordance with the provisions of the Act. 3.2 In response thereof, non reply was filed by the assessee and thereafter the AO held that the silence on the part of the assessee is taken as his acceptance of the fault of claiming deduction under section

DCIT, C-V, LUDHIANA vs. M/S HERO CYCLES LTD., LUDHIANA

In the result, appeal of the Department is dismissed and the appeal of the assessee is allowed

Bench: SHRI. RAJPAL YADAV (Vice President), SHRI. KRINWANT SAHAY, AM आयकर अपील सं. / ITA No. 588/Chd/2018 निर्धारण वर्ष / Assessment Years : 2012-13 The DCIT C-V, Ludhiana बनाम M/s Hero Cycles Ltd. Hero Nagar, G.T. Road Ludhiana स्थायी लेखा सं./PAN NO: AAACH4073P अपीलार्थी/Appellant प्रत्यर्थी / Respondent आयकर अपील सं. / ITA No. 473/Chd/2018 निर्धारण वर्ष / Assessment Years : 2012-13 M/s Hero Cycles Ltd. Hero Nagar, G.T. Road Ludhiana बनाम The ACIT C-V, Ludhiana स्थायी लेखा सं./PAN NO: AAACH4073P

disallowance of interest expenditure on amount advanced to subsidiary company and held that - "Commercial expediency in advancing loan does not arise only on account of there being transactions directly between holding company and subsidiary company. The two companies may even be in a different line of business. It would make no difference. It would still be commercially expedient

M/S BARNALA BUILDERS AND CONSULTANT,ZIRAKPUR vs. DCIT/ACIT (CEN)-1, CHANDIGARH

In the result, the appeal of the assessee is dismissed

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

139, or in response to a notice under sub-section (1) of section 142, such return shall be processed in the following manner, namely:— (a) the total income or loss shall be computed after making the following adjustments, namely:— (ii) an incorrect claim, if such incorrect claim is apparent from any information in the return; (iv) disallowance

ASHISH SOOD,ZIRAKPUR vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1), CHANDIGARH, CHANDIGARH

In the result, appeal of the Assessee is allowed for statistical purposes

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

Section 139. There are catena of judgments including the judgments relied upon by the Ld. Counsel for the Assessee (supra) that the condition is directory in nature and not mandatory and Rule does not permit disallowance

THE CHAPLAH CO-OPERATIVE AGRICULTURAL SERVICE SOCIETY LTD,VPO CHOULI vs. LD. DCIT , CPC, CPC, BENGALURU

In the result, appeal of the Assessee is allowed

Bench: The Tribunal Against The Order Dt 25.04.2023 Of Ld. Commissioner Of Income Tax(Appeals), National Faceless Appeal Centre (Nfac), Delhi.

disallowance of deduction claimed under Sections 10AA, 80-1 A, 80-1 AB, 80- IB, 80- IC, 80-1D or section 80-1E if the return is furnished beyond the due date specified under sub-section (1) of section 139

ARVINDER PAUL JIT SINGH GILL,CHANDIGARH vs. ITO, WARD 2(1), CHANDIGARH

In the result, the appeal of the assessee is dismissed

Bench: Shri A.D. Jain & Shri Vikram Singh Yadav

139, or in response to a notice under sub-section (1) of section 142, such return shall be processed in the following manner, namely:— (a) the total income or loss shall be computed after making the following adjustments, namely:— (ii) an incorrect claim, if such incorrect claim is apparent from any information in the return; (iv) disallowance

M/S BHUSHAN POWER AND STEEL LTD.,CHANDIGARH vs. DCIT/ACIT (CEN.)-1, CHANDIGARH

In the result, the appeal of the assessee is dismissed

Bench: Shri A.D. Jain & Shri Krinwant Sahay

139, or in response to a notice under sub-section (1) of section 142, such return shall be processed in the following manner, namely:— (a) the total income or loss shall be computed after making the following adjustments, namely:— (ii) an incorrect claim, if such incorrect claim is apparent from any information in the return; (iv) disallowance

PUNJAB SMALL INDUSTRIES AND EXPORT CORPORATION LTD.,CHANDIGARH vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2(1), CHANDIGARH, CHANDIGARH

In the result, appeal of the Assessee is partly allowed

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. MANOJ KUMAR AGGARWAL (Accountant Member)

Section 139(1). Admittedly, in the present case, the due date for AY 2016–17 was 17.10.2016, whereas the assessee made the payment on 28.10.2016. Thus, the deduction was rightly disallowed

SHRI GURU NANAK NAM LEWA SEWAK JATHA,,FATEHGARH SAHIB vs. ITO, EXEMPTION WARD, CHANDIGARH

In the result, appeal of the assessee is allowed

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member)

disallowed the exemption claimed under section 11 solely on the ground that the Audit Report in Form 10B was not e-filed within the due date prescribed under section 139

THE SURARWAN GAGWAN CO-OPERATIVE AGRICULTURE SERVICE SOCIETY LIMITED ,SURARWAN vs. LD. DCIT, CPC, CPC, BENGALURU

In the result, the appeal of the Assessee is allowed

Bench: Dr Krinwant Sahay & Shri Paresh M. Joshiआयकर अपील सं./ Ita No. 46/Chd/2024 "नधा"रण वष" / Assessment Year : 2017-18 The Surarwan Gagwan Co- Vs. The Ito, Operative Agriculture Service बनाम Ward, Society Limited, Nurpur (Palampur ) Surarwan Indora H.P. "थायी लेखा सं./Pan No: Aaact8925A अपीलाथ"/ Appellant ""यथ"/ Repsondent (Virtual Hearing) "नधा"रती क" ओर से/Assessee By : Sh. Vishan Mohan, Sr. Advocate With Sh Aditya Sood, Adv. राज"व क" ओर से/ Revenue By : Shri Dharam Vir, Jcit, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 25.07.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 29.07.2024

disallowance of deduction claimed under Sections 10AA, 80-1 A, 80-1 AB, 80- IB, 80- IC, 80-1D or section 80-1E if the return is furnished beyond the due date specified under sub-section (1) of section 139

M/S HERO CYCLES LTD.,LUDHIANA vs. ACIT, C-V, LUDHIANA

In the result, appeal of the Department is dismissed and the\nappeal of the assessee is allowed

section 36(1\n)(ii) of interest paid by the assessee on amounts borrowed by it for\nadvancing to a sister concern, the authorities and the courts should\nexamine the purpose for which the assessee advanced the money\nand what the sister concern did with the money. That the borrowed\namount is not utilized by the assessee

HARYANA URBAN DEVELOPMENT AUTHORITY,PANCHKULA, HARYANA vs. PRINCIPAL COMMISSIONER OF INCOME TAX, PANCHKULA , HARYANA

In the result, the appeal filed by the assessee is dismissed

disallowed.\n9. Section 143(1) (a) of the Act provides that, where a return has been made under section 139

SH. VIBHAV JAIN,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

Bench: SHRI. SANJAY GARG (Judicial Member), SHRI. VIKRAM SINGH YADAV (Accountant Member)

139(1) of the Act. It was also stated in the said letter that where the official/AO keeps silent on the issue, it would be presumed that the Income Tax Department does not have any incriminating material and a copy of the letter dt. 18/09/2017 was also placed on record. 4.5 It was further submitted that since there

SH. AKHIL JAIN,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

139(1) of the Act. It was also stated in the said letter that where the official/AO keeps silent on the issue, it would be presumed that the Income Tax Department does not have any incriminating material and a copy of the letter dt. 18/09/2017 was also placed on record. 5.5 It was further submitted that since there

SH. ASHISH JAIN,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

139(1) of the Act. It was also stated in the said letter that where the official/AO keeps silent on the issue, it would be presumed that the Income Tax Department does not have any incriminating material and a copy of the letter dt. 18/09/2017 was also placed on record. 5.5 It was further submitted that since there

SH. ASHISH JAIN,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

139(1) of the Act. It was also stated in the said letter that where the official/AO keeps silent on the issue, it would be presumed that the Income Tax Department does not have any incriminating material and a copy of the letter dt. 18/09/2017 was also placed on record. 5.5 It was further submitted that since there

SH. BIPAN JAIN,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

139(1) of the Act. It was also stated in the said letter that where the official/AO keeps silent on the issue, it would be presumed that the Income Tax Department does not have any incriminating material and a copy of the letter dt. 18/09/2017 was also placed on record. 5.5 It was further submitted that since there

SUPER LIFESTYLE DIAMONDS PVT.LTD,MOHALI vs. PR.CIT-1, CHANDIGARH

The appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Krinwant Sahay

disallowance under Section 14A amounting to Rs.3,37,534/- and an addition of Rs.2,22,347/-. In this way, he A.Y.2015-16 3 determined losses to be carried forward at Rs.55,90,777/- as against the loss claimed by the assessee. 5. The ld. CIT took cognizance under Section 263 of the Income Tax Act, 1961 on the ground that carry