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

14,36,250\nThus, total disallowance works out to Rs. 31,25,91,729/-.\nLess: Disallowance already made by the assessee: Rs. 22,86,36,462/-\nDisallowance to be made: Rs. 8,39,55,267/-\n41. The A.O. made various disallowance of interest under section

ITO, WARD, PALAMPUR vs. THE KANGRA CENTRAL COOPERATIVE BANK LIMITED, KANGRA

In the result, appeal of the Department is partly allowed for statistical purposes

Bench: Us Is Filed Under Section 253 Of The Income Tax Act, As Amended From Time To Time. The Respondent Is A Cooperative Bank.

14,86,111/-. 3.2 The order of AO is dt. 29/09/2021 DIN No. is ITBA/AST/S/143(3)/2021- 22/1035999175(1). 4. The Respondent herein being aggrieved as aforesaid preferred first appeal before the Ld. CIT(A) wherein they interalia has raised following grounds: "1. Disallowance under section

M/S DSM SINOCHEM PHARMACEUTICALS INDIA PVT. LTD. ,TOANSA vs. DCIT, C-1(1), CHANDIGARH

In the result, appeal of the assessee is partly allowed

Bench: Shri N.K. Saini, Vice- & Shri Vikas Awasthyआअसं. 253/ चंडीगढ़/2016(िन.व. 2011-12)

disallowance of ex- gratia payment to its employees during the period relevant to the AY under appeal. The ld. AR submitted that this issue is recurring. In assesse’s own case for AY 2009-10, the Tribunal held that ex-gratia is allowable on accrual basis and not as per section 43B of the Act. The Tribunal remanded the matter

DSM SINOCHEM PHARMACEUTICALS INDIA PRIVATE LIMITED,NAWANSHAHR vs. DCIT, CHANDIGARH

In the result, appeal of the assessee is partly allowed

Bench: Shri N.K. Saini, Vice- & Shri Vikas Awasthyआअसं. 253/ चंडीगढ़/2016(िन.व. 2011-12)

disallowance of ex- gratia payment to its employees during the period relevant to the AY under appeal. The ld. AR submitted that this issue is recurring. In assesse’s own case for AY 2009-10, the Tribunal held that ex-gratia is allowable on accrual basis and not as per section 43B of the Act. The Tribunal remanded the matter

ITO, W-2, BARNALA vs. THE TRUCK OPERATOR UNION, BARNALA

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

Bench: Smt.Diva Singh & Shri Vikram Singh Yadavthe Ito बनाम The Truck Operator Union, Ward-2, Barnala Dhanaula Road, Barnala "थायी लेखा सं./Pan No: Aaaat6497M

disallowance is called for by invoking the provisions of section 40A(3) of the Act.” 14. Similarly, we find that

M/S APEX BUILDERS, LUDHIANA vs. ITO, W-2(1), LUDHIANA

The appeal is partly allowed

Bench: SHRI. LALIET KUMAR (Judicial Member)

Section 40A(3), prior to the amendment brought in by the Finance Act, 2008 w.e.f. 01.04.2009. The amendment made a significant departure by providing that any payment or aggregate of payments made to a person in a day exceeding Rs.20,000 (now Rs.10,000), otherwise than by account payee cheque/draft or electronic clearing system, shall be disallowed

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), CHANDIGARH vs. ESSIX BIOSCIENCES LIMITED, MANIMAJRA

In the result, the appeal is dismissed and the

Bench: SHRI A.D.JAIN (Vice President), SHRI KRINWANT SAHAY (Accountant Member)

disallowance cannot be made where there is no exempt income without appreciating the fact that applicability of section 14 A or Rule

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)

disallowance only if it is not paid by 15th December. This argument was premised on the language of section 5, which says that the wages of every person employed upon or in any railway, factory or industrial or other establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the seventh

THE JABO MAJRO CO-OPERATIVE LABOUR AND CONSTRUCTION SOCIETY LTD.,MALERKOTLA vs. ITO, MALERKOTLA

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

Sections 36(va) as well as 43B vide Finance Act, 2021 to this effect but also the CBDT has issued Memorandum of Explanation that the same applies w.e.f. 1.4.2021 only. It is further not an issue that the forergoing legislative amendments have proposed employers contributions; disallowances u/s 43B as against employee u/s 36 (va) of the Act; respectively. However, keeping

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)

Section 14A are not applicable and no disallowance is called for. It was further held by the Ld. CIT(A) that since no new investment have been made and the facts and circumstances of the case are same as far as A.Y 2010-11, 2011-12, the addition made by the AO by ignoring the past precedence and the findings

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

disallowance only if it is not paid by 15th December. This argument was premised on the language of section 5, which says that the wages of every person employed upon or in any railway, factory or industrial or other establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the seventh

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

disallowance only if it is not paid by 15th December. This argument was premised on the language of section 5, which says that the wages of every person employed upon or in any railway, factory or industrial or other establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the seventh

SH RAMESH KUMAR DUDANI,MOHALI vs. DCIT, CIRCLE -6(1), MOHALI

The appeal of the assessee stands allowed

Bench: Shri N.K. Saini & Shri Sudhanshu Srivastavaआयकरअपीलसं./Ita No. 589/Chd/2019 "नधा"रणवष" / Assessment Year :2015-16 Shri Ramesh Dudani, The Dcit, बनाम C-104, Industrial Area, Circle 6(1), Live Phase Vii, Stock Complex, Mohali -160055 Sector 68, Mohali "थायी लेखा सं./Pan No: Abbpd0633J अपीलाथ"/Appellant ""यथ"/Respondent

14 and, therefore, on identical facts, the assessee should be granted relief in this year also. 4.0 Per Contra, the Ld. Sr. DR, while supporting the orders of the lower authorities, submitted that as far as the issue of disallowance under section

RAMJEE CONCRETES PVT.LTD.,MOHALI vs. ITO-WARD-6(3), CHANDIGARH

The appeals are disposed of in the aforesaid terms

Bench: Shri N.K. Saini & Shri Sudhanshu Srivastavaआयकर अपील सं./ Ita No. 205/Chd/2021 "नधा"रण वष" / Assessment Year : 2019-20 Ramjee Concretes Private Limited, The Ito, बनाम #1238.Sector 91, Ward 6(3), Mohali, Punjab Chandigarh "थायी लेखा सं./Pan No: Aafcr9457E अपीलाथ"/Appellant ""यथ"/Respondent

14 case may be, deduction from the Indian income-tax payable under section 91.] [Explanation 2.—For the removal of doubts, it is hereby declared that for the purposes of this sub-clause, any sum paid on account of any rate or tax levied includes any sum eligible for relief of tax under section 90A;] 17. Therefore, the question which

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)

Section-251(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

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)

Section-251(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

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)

Section-251(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

M/S VARDHMAN TEXTILES LIMITED,LUDHIANA vs. ACIT, C-1, LUDHIANA

In the result, appeals of the Assessee are partly allowed whereas the Cross appeals of the Revenue are dismissed

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. SHRI. KRINWANT SAHAY (Accountant Member)

14. Ground No. 2 states that the Ld. CIT(A) has erred in upholding the applicability of Section 14A of the Act r.w. Rule 8D of the Income Tax Rules and making disallowance