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

The appeal is partly allowed

Bench: SHRI. LALIET KUMAR (Judicial Member)

disallowed the entire amount of Rs . 2,24,305 under the said section. 4.2 Further, the AO noted multiple instances of cash purchases exceeding Rs . 20,000/- made to the same party on the same day, in violation of section 40A(3) of the Act. The total amount of such purchases aggregated to Rs . 16,33

ACIT, C-6, LUDHIANA vs. MAJESTIC HOTELS LTD., LUDHIANA

The appeal of the Revenue is dismissed

disallowance of expenses made by invoking provisions of section 14A of the Act. 4. Brief facts relating to the issue are that during assessment proceedings it was noticed that the assessee had made investment in the shares of Macro Dairy Venture (P) Ltd. amounting to Rs.6,50,33

ASSTT.COMMISSIONER OF INCOME TAX, LUDHIANA vs. M/S MRS.BECTORS FOOD SPECILTIES LTD, LUDHIANA

Bench: Smt. Diva Singh & Dr. B.R.R. Kumar

section 14A of the Income-tax Act, 1961, by simply relying on the submissions of the assessee and not by giving any independent findings? 2. Whether upon facts and circumstances of the case, the Ld. CIT(A) was justified in deleting the disallowance of Rs. 29,43,718/- u/s 80IC of Income Tax Act, 1961 on job work charges

ACIT, LUDHIANA vs. M/S MRS. BECTORS FOOD SPECIALTIES PVT. LTD., LUDHIANA

Bench: Smt. Diva Singh & Dr. B.R.R. Kumar

section 14A of the Income-tax Act, 1961, by simply relying on the submissions of the assessee and not by giving any independent findings? 2. Whether upon facts and circumstances of the case, the Ld. CIT(A) was justified in deleting the disallowance of Rs. 29,43,718/- u/s 80IC of Income Tax Act, 1961 on job work charges

ASSTT.COMMISSIONER OF INCOME TAX, LUDHIANA vs. M/S MRS.BECTORS FOOD SPECILTIES LTD, LUDHIANA

Bench: Smt. Diva Singh & Dr. B.R.R. Kumar

section 14A of the Income-tax Act, 1961, by simply relying on the submissions of the assessee and not by giving any independent findings? 2. Whether upon facts and circumstances of the case, the Ld. CIT(A) was justified in deleting the disallowance of Rs. 29,43,718/- u/s 80IC of Income Tax Act, 1961 on job work charges

ASSTT.COMMISSIONER OF INCOME TAX, LUDHIANA vs. M/S MRS.BECTORS FOOD SPECILTIES LTD, LUDHIANA

Bench: Smt. Diva Singh & Dr. B.R.R. Kumar

section 14A of the Income-tax Act, 1961, by simply relying on the submissions of the assessee and not by giving any independent findings? 2. Whether upon facts and circumstances of the case, the Ld. CIT(A) was justified in deleting the disallowance of Rs. 29,43,718/- u/s 80IC of Income Tax Act, 1961 on job work charges

ASSTT.COMMISSIONER OF INCOME TAX, LUDHIANA vs. M/S MRS.BECTORS FOOD SPECILTIES LTD, LUDHIANA

Bench: Smt. Diva Singh & Dr. B.R.R. Kumar

section 14A of the Income-tax Act, 1961, by simply relying on the submissions of the assessee and not by giving any independent findings? 2. Whether upon facts and circumstances of the case, the Ld. CIT(A) was justified in deleting the disallowance of Rs. 29,43,718/- u/s 80IC of Income Tax Act, 1961 on job work charges

ASSTT.COMMISSIONER OF INCOME TAX, LUDHIANA vs. M/S MRS.BECTORS FOOD SPECILTIES LTD, LUDHIANA

Bench: Smt. Diva Singh & Dr. B.R.R. Kumar

section 14A of the Income-tax Act, 1961, by simply relying on the submissions of the assessee and not by giving any independent findings? 2. Whether upon facts and circumstances of the case, the Ld. CIT(A) was justified in deleting the disallowance of Rs. 29,43,718/- u/s 80IC of Income Tax Act, 1961 on job work charges

M/S HARYANA STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPN.,,PANCHKULA vs. ACIT,, PANCHKULA

In the result, all the above appeals of the assessee are

Bench: The Itat. That In The First Round The Itat Had Held The Provisions Of Section 14A Of The Act, For The Purposes Of Disallowing Expenses Relating To Exempt Income, Applicable In The Facts Of The Present Cases On Noting That The Assessee Had Earned Exempt Income In The Form

33,381/- over and above the disallowance of Rs.77,213/- made by the assessee which is highly unjustified and uncalled for.” 8. Taking up first the issue raised in ground no.1 of the Appeals pertaining to assessment years 2006-07 and 2007- 08,relating to the applicability of Rule 8D for calculating the disallowance of expenses

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

section 40A(3) of the Act. 33. In case of Anupam Tele Services v. Income Tax Officer, the matter which came up for consideration before the Hon’ble Gujarat High Court, the facts of the case were that the assessee who is involved in the business of distribution mobile and recharge vouchers of Tata Tele Services Ltd had made payment

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)

33. After considering the rival submissions principally we find force in the submissions of Ld. Counsel for the assessee that if no particular loan has been taken for the asset which has been shown under the head ‘capital work in progress’ then disallowance could not have been made. However, each loan and its utilization requires fresh examination, therefore, we remand

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)

33. After considering the rival submissions principally we find force in the submissions of Ld. Counsel for the assessee that if no particular loan has been taken for the asset which has been shown under the head ‘capital work in progress’ then disallowance could not have been made. However, each loan and its utilization requires fresh examination, therefore, we remand

M/S GLAXOSMITHKLINE ASIA PVT. LTD.,GURGAON vs. DCIT, CHANDIGARH

In the result, the appeal of the assessee is partly allowed

33 vaccine purchase from the assessee company. The appellant company has failed to deduct TDS u/s 195 of the Act and therefore provisions of section 40(a)(i) are attracted. Appellant has also submitted that the entire disallowance

DCIT-CC-III, LUDHIANA vs. M/S LAXMI ENERGY & FOODS LTD.,, CHANDIGARH

In the result, the appeal of the Revenue is dismissed

Bench: Shri A.D. Jain & Dr Krinwant Sahayआयकर अपील सं./ Ita No. 33/Chd/2021 "नधा"रण वष" / Assessment Year: 2011-12 The Dcit, Vs. M/S Laxmi Energy & Foods बनाम Ltd., Central Circle-Iii, Sco 18-19, Sector 9-D, Ludhiana Ludhiana "थायी लेखा सं./Pan No: Aaacl3147J अपीलाथ"/ Appellant ""यथ"/ Repsondent ( Hybrid Mode ) "नधा"रती क" ओर से/Assessee By : Sh. Sudhir Sehgal, Advocate राज"व क" ओर से/ Revenue By : Shri Rohit Sharma, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 06.06.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 10.07.2024 आदेश/Order Per Dr. Krinwant Sahay, A.M.:

disallowance under Section 14A of the Act to the extent of the income earned irrespective of the amount of exempt dividend income. Learned counsel relied upon decision of a Division Bench of this Court in Pr. CIT v. State Bank of Patiala [2017] 78 taxmann.com 3, in the case of the 33

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

disallowable expenditure under Section 40(a)(ii) of the IT Act. Ms. Linhares was unable to state whether the Revenue has appealed this decision. Mr. Ramani, learned Senior Advocate submitted that his research did not suggest that any appeal was instituted by the Revenue against this decision, which is directly on the point and favours the Assessee. 31. Mr. Ramani

M/S LONGOWALIA YARNS LIMITED,LUDHIANA vs. DCIT, CENTRAL CIRLE -1, CHANDIGARH

In the result, both the appeals of the assessees are allowed

Bench: Filing Of The Return.

33,264/- made by the A.O. on account of late payments towards EPF and ESI etc. under section 36(1)(va) of the Income Tax Act, 1961 (for short the ‘Act’), however, before furnishing the return of income under section 139(1) of the Act. When the matter was taken to the Ld. CIT(A) the said disallowance

DCIT, C-5, LUDHIANA vs. M/S HERO CYCLES LTD., LUDHIANA

In the result, appeal of the Department is dismissed and the Cross

Disallowance o f commission expense to Munjal Sales Corporation - Gr.No.3 (Refer appeal notes pages 33 to 46) The AO has not contradicted any of the facts mentioned in appeal notes at pages 33 to 46. The A. O. has simply repeated the issue mentioned in the body of assessment order. The issue is covered by the decision of your

SHRI VINOD JAIN,LUDHIANA vs. ADIT,CPC/ITO-WARD-7(4), LUDHIANA

In the result, both the appeals of the assessees are allowed

33,782/- made by the A.O. on account of late payments towards EPF and ESI under section 36(1)(va) of the Income Tax Act, 1961 (for short the ‘Act’), however, before furnishing the return of income under section 139(1) of the Act. When the matter was taken to the Ld. CIT(A) the said disallowance

IND SWIFT LABORATORIES LTD.,CHANDIGARH vs. DCIT, CIRCLE 1(1), CHANDIGARH

In the result, the appeal is allowed, as indicated

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

section 36(1)(iii) of the Income Tax Act. Out of this amount, interest of Rs.96,07,216/- stood already disallowed by the assessee itself. Accordingly, the balance amount of Rs.13,26,09,378/- was ITA 350/CHD/2023 A.Y. 2017-18 24 notionally disallowed on interest free loans to all parties, including related parties and other parties. The assessee had claimed