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)

section 43B of the Act. The Tribunal remanded the matter back to the file of AO for re-computation of ex-gratia and allow the same on accrual basis. In AY 2010-11, the Tribunal followed its earlier order in AY 2009-10. 13. The ld. DR vehemently supported the findings of AO, however, the ld. DR fairly stated that

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)

section 43B of the Act. The Tribunal remanded the matter back to the file of AO for re-computation of ex-gratia and allow the same on accrual basis. In AY 2010-11, the Tribunal followed its earlier order in AY 2009-10. 13. The ld. DR vehemently supported the findings of AO, however, the ld. DR fairly stated that

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

155/-.\n26.4 It is also brought to our notice that on identical facts the Hon'ble\nITAT vide para 31 to 34 of the order dated 15.6.2021 in ITA No.\n1493/2017 & CO 4/2018 for AY 2011-12 restored the issue of suo-moto\ndisallowance made under section 14A r.w.r 8D of the Income Tax Rules,\n1962 to the file

ACIT, C-4(1), CHANDIGARH vs. M/S GLAXOSMITHKLINE CONSUMER HEALTHCARE LTD., GURGAON

The appeal stands dismissed

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.1355/Chandi/2018 (िनधा"रण वष" / Assessment Year: 1997-98) Dcit-1(1)(1) M/S Hindustan Unilever Ltd. R.N.579A, 5Th Floor (Legal Successor Of M/S Glaxosmithkline बनाम/ Aaykar Bhawan Consumer Healthcare Ltd.) Vs. Mumbai – 400020 Unilever House, B.D. Swant Marg, Chakala Andheri (East), Mumbai – 400 099 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaach-1004-N (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Rohit Jain (Advocate) & Ms. Somya Jain, Ca – Ld. Ars ""थ"कीओरसे/Respondent By : Shri Rohit Sharma (Cit) A/W Sh. Vivek Vardhan (Addl. Cit) – Ld. Drs सुनवाईकीतारीख/Date Of Hearing : 27-06-2025 घोषणाकीतारीख /Date Of Pronouncement : 18-08-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 1997-98 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals)-2, Chandigarh Dated 02-08-2018 In The Matter Of An Assessment Framed By Ld. Assessing Officer (Ao) U/S 143(3) R.W.S. 254 Of The Act On 31-03-2017. The Revenue Has Filed Revised Form No.36 On 10-09-2024 Which Is On Record. The Grounds Of Appeal Read As Under: -

disallowances made in the regular assessment. The order passed on 31-03-2017 was not an order of regular assessment as envisaged u/s 234D. Accordingly, the interest as charged by Ld. AO was deleted against which the revenue is in further appeal before us. Our findings and Adjudication 4. The short issue that falls for our consideration is to adjudicate

DCIT, C-1(1) , CHANDIGARH vs. M/S FIDELITY INFORMATION SERVICES INDIA PVT. LTD., CHANDIGARH

In the result, the cross-objection filed by the assessee is dismissed

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

disallowed the foreign travel expenses which clearly form part of the operating expenses and the cost base and on which the assessee has reported the revenues after considering the mark up of 16.60%. Such an action on part of the AO is clearly in breach of letter and spirit of the APA which has been entered into by CBDT

M/S DIN DAYAL PURSOTAM LAL,SIRSA vs. PR.CIT, ROHTAK

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

155 (Del) CIT Vs Nipun Auto (P) Ltd. v) 62 ITR (T) 512 (Del) ACIT Vs Shyam Indus Power Solutions (P) Ltd. 28.6 It is seen that with regard to these ten lenders, the assessee has produced the following evidences : ITA 146,147 & 148/CHD/2021 A.Y. 2011-12, 2015-16 & 2016-17 75 ITA 146,147 & 148/CHD/2021

M/S DIN DAYAL PURSOTAM LAL,SIRSA vs. PR.CIT, ROHTAK

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

155 (Del) CIT Vs Nipun Auto (P) Ltd. v) 62 ITR (T) 512 (Del) ACIT Vs Shyam Indus Power Solutions (P) Ltd. 28.6 It is seen that with regard to these ten lenders, the assessee has produced the following evidences : ITA 146,147 & 148/CHD/2021 A.Y. 2011-12, 2015-16 & 2016-17 75 ITA 146,147 & 148/CHD/2021

M/S DIN DAYAL PURSOTAM LAL,SIRSA vs. PR.CIT, ROHTAK

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

155 (Del) CIT Vs Nipun Auto (P) Ltd. v) 62 ITR (T) 512 (Del) ACIT Vs Shyam Indus Power Solutions (P) Ltd. 28.6 It is seen that with regard to these ten lenders, the assessee has produced the following evidences : ITA 146,147 & 148/CHD/2021 A.Y. 2011-12, 2015-16 & 2016-17 75 ITA 146,147 & 148/CHD/2021

ACIT, CIRCLE 1(1), CHANDIGARH vs. M/S SML ISUZU LTD., CHANDIGARH

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

disallowance of claim of bad debts written off. 9. That being aggrieved by the impugned order the Revenue is in appeal before this Tribunal and has raised following grounds of appeal in Form No. 36 before us: 1. On the facts of the case and in law, Ld. CIT(A) has erred in allowing the appeal of the assessee holding

M/S JAIN AMAR CLOTHING PRIVATE LIMITED,LUDHIANA vs. DCIT-CC-3, LUDHIANA

In the result, appeal of the assessee is allowed

Bench: Or At The Time Of Hearing.

disallowed under section 37 of the Act. 3.2 In response the assessee filed reply on 21/12/2019 and stated that as per Clause 8 of the lease deed the assessee will be responsible for any wear and tear, maintenance and other repairs of the building. Thus, the loss on account of fire was claimed as revenue loss and not the capital

ACIT, CIRCLE 5(1),, CHANDIGARH vs. M/S VENUS REMEDIES LTD.,, CHANDIGARH

The appeal of the revenue stand dismissed

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.742/Chandi/2009 (िनधा"रणवष" / Assessment Year: 2006-07) Acit Circle 5(1) M/S Venus Remedies Ltd. बनाम/ Vs. Sco 40-41, Sector 17-A Sco 39, Sector – 26 Chandigarh – 160017 Chandigarh "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacv-6524-H (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant : Sh. Parikshit Aggarwal (Ca), Sh. Jaspal Sharma (Advocate)&Ms. Shruti Khandelwal (Advocate) – By Ld. Ars ""थ"कीओरसे/Respondent By : Sh. Yamini (Cit) - Ld. Dr (Virtual) सुनवाईकीतारीख/Date Of Hearing : 02.02.2026 घोषणाकीतारीख /Date Of Pronouncement : 09.03.2026 आदेश / O R D E R Manoj Kumar Aggarwal () 1.1 Aforesaid Appeal For Assessment Year (Ay) 2006-07 Has Come Up For Hearing Before Us Pursuant To The Directions Of Hon’Ble Punjab & Haryana High Court In Revenue’S Appeal Ita No.81-2012 Dated 25-07-2024 Wherein Following Substantial Questions Of Law Were Determined: - 1. Weather On The Facts & In The Circumstances Of The Case, The Hon’Ble Itat Was Right In Upholding The Decision Of Ld. Cit(A) Who Directed The Ao To Reallocate The Expenses On Sales Ratio & To Reduce The Addition To Rs.142.24 Lacs As Against The Addition Of Rs.7,61,96,306/- On Account Of Unexplained Expenditure U/S 69C?

disallowance u/s 80IC amounting to Rs.8,76,27,511/- was allowed? 10 Assessment Year: 2006-07 3. Weather the Hon’ble ITAT was right in law in accepting CIT(A)’s method of not apportioning part of expenditure relating to the financial costs of Rs.1,93,15,643/-, Depreciation of Rs.1,63,04,928/-, Capital Expenditure

M/S PUNJAB TOURISM DEVELOPMENET CORPORATION LIMITED,CHANDIGARH vs. DCIT,CIRCLE-1(1), CHANDIGARH

Appeal of the assessee is allowed

Bench: Ao)

155/- under various heads, aggregating to total 34Heads and out of that against 27headsexpenses of Rs. 64,41,475/- was disallowed due to fact that receipts of Assessee during the year under consideration was “Income from other sources” and business of the Assessee corporation was discontinued one further to earn interest from FDRs from thebanks practically No expenditure was incurred

M/S PUNJAB TOURISM DEVELOPMENET CORPORATION LIMITED,CHANDIGARH vs. DCIT,CIRCLE-1(1), CHANDIGARH

Appeal of the assessee is allowed

Bench: Ao)

155/- under various heads, aggregating to total 34Heads and out of that against 27headsexpenses of Rs. 64,41,475/- was disallowed due to fact that receipts of Assessee during the year under consideration was “Income from other sources” and business of the Assessee corporation was discontinued one further to earn interest from FDRs from thebanks practically No expenditure was incurred

M/S PUNJAB TOURISM DEVELOPMENET CORPORATION LIMITED,CHANDIGARH vs. DCIT,CIRCLE-1(1), CHANDIGARH

Appeal of the assessee is allowed

Bench: Ao)

155/- under various heads, aggregating to total 34Heads and out of that against 27headsexpenses of Rs. 64,41,475/- was disallowed due to fact that receipts of Assessee during the year under consideration was “Income from other sources” and business of the Assessee corporation was discontinued one further to earn interest from FDRs from thebanks practically No expenditure was incurred

M/S PUNJAB TOURISM DEVELOPMENET CORPORATION LIMITED,CHANDIGARH vs. DCIT,CIRCLE-1(1), CHANDIGARH

Appeal of the assessee is allowed

Bench: Ao)

155/- under various heads, aggregating to total 34Heads and out of that against 27headsexpenses of Rs. 64,41,475/- was disallowed due to fact that receipts of Assessee during the year under consideration was “Income from other sources” and business of the Assessee corporation was discontinued one further to earn interest from FDRs from thebanks practically No expenditure was incurred

JANTA LAND PROMOTERS PVT LTD,MOHALI vs. THE PRINICIPAL COMMISSIONER OF INCOME TAX ,CHANDIGARH-1, CHANDIGARH

In the result, appeal of the Assessee is allowed

disallowance. There may be cases where the Assessing Officer undertakes a superficial and random investigation that may justify a remit, albeit the Commissioner of Income Tax must record the abject failure and lapse on the part of the Assessing Officer to establish both the error and the prejudice caused to the Revenue. Recording the aforesaid, the special leave petition

M/S INTERNATIONAL CUSTOMER RELATED MANAGEMENT SERVICES PRIVATE LIMITED,CHANDIGARH vs. D.C.I.T., CIRCLE 6(1), MOHALI

In the result, for statistical purposes, the appeal is

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

disallowing an amount of Rs.40,82,148, being interest on capital raised for business purpose, on the alleged ground that the same was not incurred wholly and exclusively for the purpose of business. 10. That the assessing officer erred on facts and in law in charging interest under section 234B of the Act. 3. Apropos Ground

INFRASTRUCTURE DEVELOPMENT FUND ,CHANDIGARH vs. ACIT (EXEMPTIONS), CHANDIGARH

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

Bench: Shri A.D. Jain & Dr Krinwant Sahayआयकर अपील सं./ Ita No. 285/Chd/2023 "नधा"रण वष" / Assessment Year : 2017-18 Infrastructure Development Fund, Vs. The Acit बनाम Ayojna Bhawan, Exemptions, Town & Country Planning Department, Chandigarh Haryana, Plot No.3, Madhya Marg, Sector 18, Chandigarh 160018 "थायी लेखा सं./Pan No: Aaal10136K अपीलाथ" ./ Appellant ""यथ" / Respondent

disallowing accumulation u/s 11(2) of the I.T. Act. The ld. Counsel of the Assessee has filed a written submission on this issue which is reproduced as under: - “Another addition of Rs. 137,12,71,156/- was made by Ld. AO by denying exemption claimed u/s 11(2) regarding accumulation and set-apart intimated through Form No. 10. The reason

SCOTT EDIL PHARMACIA LTD.,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH

155 (Kolkata - Trib.)\n(ii) Champaklal S. Kasat v. Deputy Commissioner of Income-tax, Cent. Cir. 1(3),\nAhmedabad [2017] 82 taxmann.com 243 (Ahmedabad - Trib.)\n(iii) Kay Jay Projects Pvt. Ltd. Versus Dcit, Central Circle, Noida 2023 (8) Tmi 431:\nAssessment u/s 153A - Addition towards the cost of construction of the building -\nReference made to ld. DVO u/s 142A