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)

disallowed the payments under Section 40A(ia) of the Act. While doing so, the AO observed as follows : "2.6 The provisions of section 195 are applicable to all payees whether individual or of any other status who are covered under the definition of nonresident as per section 6 of the Income Tax Act. Under this section there is no threshold

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)

disallowed the payments under Section 40A(ia) of the Act. While doing so, the AO observed as follows : "2.6 The provisions of section 195 are applicable to all payees whether individual or of any other status who are covered under the definition of nonresident as per section 6 of the Income Tax Act. Under this section there is no threshold

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)

disallowed the payments under Section 40A(ia) of the Act. While doing so, the AO observed as follows : "2.6 The provisions of section 195 are applicable to all payees whether individual or of any other status who are covered under the definition of nonresident as per section 6 of the Income Tax Act. Under this section there is no threshold

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)

1)(iii) can be made if no loan has been taken for investment in capital work in progress, and further for the verification of this fact, we remit the matter back to the file of the AO with a direction to ascertain the utilization of various loans taken by the assessee and thereafter decide the issue in accordance with

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)

1)(iii) can be made if no loan has been taken for investment in capital work in progress, and further for the verification of this fact, we remit the matter back to the file of the AO with a direction to ascertain the utilization of various loans taken by the assessee and thereafter decide the issue in accordance with

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)

disallowed from the gross dividend income received by the assessee. From the reasons recorded by the Assessing Officer, it was clear that the assessment was sought to be reopened merely on suspicion that the assessee might have utilized the borrowed fund for investment and that the assessee might have incurred expenditure for earning the dividend income. There was no material

SBS BIOTECH UNIT II,SIRMOUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, CHANDIGARH

In the result, the appeal of the assessee is allowed

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

disallowed and charged to tax and the assessee was given an opportunity to explain as to why the assessment order passed u/s 147 r.w.s. 144B of the Act dated 30.03.2022 by the AO for the A.Y. 2017-18 may not be cancelled and the AO may not be directed to make a fresh assessment. 5. In response to the show

M/S HEADMASTER SALOON PVT.LTD.,CHANDIGARH vs. DCIT-CIRCLE-1(1), 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)

disallowed. Accordingly the assessee was /asked vide order sheet entry dt. 17/10/2016 to explain as to why these payments be not allowed as these payments have been made in the contravention of the provisions of Section 40A(3). In response the Counsel 11 submitted that although the surrendered income was to cover up for all discrepancies, however the amount

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-I, CHANDIGARH , CHANDIGARH vs. MS SCOTT EDIL ADVANCE RESEARCH LABORATOTRIES AND EDUCATION LTD., , CHANDIGARH

Disallowance of 80IC on subsidy claimed in ITR.\nIssue 18 : Jewellery found at House no 2273, Sector 21C, Chandigarh & Locker no\n64, Bank of India, Sector 35, Chandigarh during the search.\nIssue 19: Approval u/s 153D.\n4. Since common and identical issues are involved in most of the\ncaptioned appeals, hence we deem it appropriate to adjudicate the\nmatter issue

SCOTT EDIL ADVANCE RESEARCH LABORATORIES AND EDUCATION LIMITED,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH

Disallowance of 80IC on subsidy claimed in ITR.\nIssue 18 : Jewellery found at House no 2273, Sector 21C, Chandigarh & Locker no\n64, Bank of India, Sector 35, Chandigarh during the search.\nIssue 19: Approval u/s 153D.\n4. Since common a nd identical issues are involved in most of the\ncaptioned appeals, hence we deem it appropriate to adjudicate the\nmatter

ASSISTANT COMMISSIONER OF INCOME TAX, PANCHKULA CIRCLE, PANCHKULA, PANCHKULA vs. THE HARYANA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT, PANCHKULA

Appeal is allowed

Bench: SHRI. RAJPALYADAV (Vice President), SHRI. KRINWANT SAHAY (Accountant Member)

195) (2009) (Bom. HC) (vi) Asteroids Trading & Investments Pvt. Ltd. (308 ITR 190) (2009) (Bom. HC) (vii) GKN Sinter Metals Ltd. (371 ITR 225) (2015) (Bom. HC) (viii) Appellant’s own case in AY 2012-13 and AY 2013-14 by Hon’ble ITAT (ix) Indo Arab Air Services (2016) 130 DTR 78/ 283 CTR 92 (Del. HC) (x) Sutra

THE HARYANA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT,PANCHKULA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE, PANCHKULA

Appeal is allowed

Bench: BEFORE: SHRI. RAJPALYADAV (Vice President), SHRI. KRINWANT SAHAY (Accountant Member)

195) (2009) (Bom. HC) (vi) Asteroids Trading & Investments Pvt. Ltd. (308 ITR 190) (2009) (Bom. HC) (vii) GKN Sinter Metals Ltd. (371 ITR 225) (2015) (Bom. HC) (viii) Appellant’s own case in AY 2012-13 and AY 2013-14 by Hon’ble ITAT (ix) Indo Arab Air Services (2016) 130 DTR 78/ 283 CTR 92 (Del. HC) (x) Sutra

THE HARYANA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT,PANCHKULA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE, PANCHKULA

Appeal is allowed

Bench: SHRI. RAJPALYADAV (Vice President), SHRI. KRINWANT SAHAY (Accountant Member)

195) (2009) (Bom. HC) (vi) Asteroids Trading & Investments Pvt. Ltd. (308 ITR 190) (2009) (Bom. HC) (vii) GKN Sinter Metals Ltd. (371 ITR 225) (2015) (Bom. HC) (viii) Appellant’s own case in AY 2012-13 and AY 2013-14 by Hon’ble ITAT (ix) Indo Arab Air Services (2016) 130 DTR 78/ 283 CTR 92 (Del. HC) (x) Sutra

THE HARYANA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT,PANCHKULA vs. DCIT,CIRCLE, PANCHKULA, PANCHKULA

Appeal is allowed

Bench: BEFORE: SHRI. RAJPALYADAV (Vice President), SHRI. KRINWANT SAHAY (Accountant Member)

195) (2009) (Bom. HC) (vi) Asteroids Trading & Investments Pvt. Ltd. (308 ITR 190) (2009) (Bom. HC) (vii) GKN Sinter Metals Ltd. (371 ITR 225) (2015) (Bom. HC) (viii) Appellant’s own case in AY 2012-13 and AY 2013-14 by Hon’ble ITAT (ix) Indo Arab Air Services (2016) 130 DTR 78/ 283 CTR 92 (Del. HC) (x) Sutra

THE HARYANA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT,PANCHKULA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE,, PANCHKULA

Appeal is allowed

Bench: BEFORE: SHRI. RAJPALYADAV (Vice President), SHRI. KRINWANT SAHAY (Accountant Member)

195) (2009) (Bom. HC) (vi) Asteroids Trading & Investments Pvt. Ltd. (308 ITR 190) (2009) (Bom. HC) (vii) GKN Sinter Metals Ltd. (371 ITR 225) (2015) (Bom. HC) (viii) Appellant’s own case in AY 2012-13 and AY 2013-14 by Hon’ble ITAT (ix) Indo Arab Air Services (2016) 130 DTR 78/ 283 CTR 92 (Del. HC) (x) Sutra

ASSISTANT COMMISSIONER OF INCOME TAX, PANCHKULA CIRCLE, PANCHKULA, PANCHKULA vs. THE HARYANA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT, PANCHKULA

Appeal is allowed

Bench: BEFORE: SHRI. RAJPALYADAV (Vice President), SHRI. KRINWANT SAHAY (Accountant Member)

195) (2009) (Bom. HC) (vi) Asteroids Trading & Investments Pvt. Ltd. (308 ITR 190) (2009) (Bom. HC) (vii) GKN Sinter Metals Ltd. (371 ITR 225) (2015) (Bom. HC) (viii) Appellant’s own case in AY 2012-13 and AY 2013-14 by Hon’ble ITAT (ix) Indo Arab Air Services (2016) 130 DTR 78/ 283 CTR 92 (Del. HC) (x) Sutra

THE HARYANA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT,PANCHKULA vs. DCIT, CIRCLE, PANCHKULA, PANCHKULA

Appeal is allowed

Bench: BEFORE: SHRI. RAJPALYADAV (Vice President), SHRI. KRINWANT SAHAY (Accountant Member)

195) (2009) (Bom. HC) (vi) Asteroids Trading & Investments Pvt. Ltd. (308 ITR 190) (2009) (Bom. HC) (vii) GKN Sinter Metals Ltd. (371 ITR 225) (2015) (Bom. HC) (viii) Appellant’s own case in AY 2012-13 and AY 2013-14 by Hon’ble ITAT (ix) Indo Arab Air Services (2016) 130 DTR 78/ 283 CTR 92 (Del. HC) (x) Sutra

ASSISTANT COMMISSIONER OF INCOME TAX, PANCHKULA CIRCLE, PANCHKULA, PANCHKULA vs. THE HARYANA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT, PANCHKULA

Appeal is allowed

Bench: SHRI. RAJPALYADAV (Vice President), SHRI. KRINWANT SAHAY (Accountant Member)

195) (2009) (Bom. HC) (vi) Asteroids Trading & Investments Pvt. Ltd. (308 ITR 190) (2009) (Bom. HC) (vii) GKN Sinter Metals Ltd. (371 ITR 225) (2015) (Bom. HC) (viii) Appellant’s own case in AY 2012-13 and AY 2013-14 by Hon’ble ITAT (ix) Indo Arab Air Services (2016) 130 DTR 78/ 283 CTR 92 (Del. HC) (x) Sutra

SCOTT EDIL ADVANCE RESEARCH LABORATORIES AND EDUCATION LIMITED,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CHANDIGARH

Disallowance of 80IC on subsidy claimed in ITR.\nIssue 18 : Jewellery found at House no 2273, Sector 21C, Chandigarh & Locker no\n64, Bank of India, Sector 35, Chandigarh during the search.\nIssue 19: Approval u/s 153D.\n4. Since common and identical issues are involved in most of the\ncaptioned appeals, hence we deem it appropriate to adjudicate the\nmatter issue