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

36(1)(iii) of\nthe Act on account of advances made to /debit balances of M/s\nHero Exports and M/s Hero Motors Ltd. on the ground of sufficient own\nfunds while ignoring that the assessee has huge borrowings on which\ninterest expenses were claimed?\n4. Vide ground no. 1 the grievance of the Department relates to the\ndeletion of disallowance

DCIT, CHANDIGARH vs. SMT. MANJIT KAUR, CHANDIGARH

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

68, 69A, 69B, 69C and 69D can be misused by the assessees to circumvent the ‘Voluntary ITA Nos.41 to 44, 387, 45 to 54/Chd/17 & CO 16-to 30-Chd-2018- Shri Kulwant Singh & Others, Mohali 32 Disclosure Scheme’ and to get their income into rotation / accounted for by paying 30% tax and declaring the same under the aforesaid sections

DCIT, CHANDIGARH vs. SH. KULWANT SINGH, MOHALI

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

68, 69A, 69B, 69C and 69D can be misused by the assessees to circumvent the ‘Voluntary ITA Nos.41 to 44, 387, 45 to 54/Chd/17 & CO 16-to 30-Chd-2018- Shri Kulwant Singh & Others, Mohali 32 Disclosure Scheme’ and to get their income into rotation / accounted for by paying 30% tax and declaring the same under the aforesaid sections

DCIT, CHANDIGARH vs. SMT. JASWANT KAUR, MOHALI

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

68, 69A, 69B, 69C and 69D can be misused by the assessees to circumvent the ‘Voluntary ITA Nos.41 to 44, 387, 45 to 54/Chd/17 & CO 16-to 30-Chd-2018- Shri Kulwant Singh & Others, Mohali 32 Disclosure Scheme’ and to get their income into rotation / accounted for by paying 30% tax and declaring the same under the aforesaid sections

DCIT, CHANDIGARH vs. SH. PARAMJIT SINGH, MOHALI

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

68, 69A, 69B, 69C and 69D can be misused by the assessees to circumvent the ‘Voluntary ITA Nos.41 to 44, 387, 45 to 54/Chd/17 & CO 16-to 30-Chd-2018- Shri Kulwant Singh & Others, Mohali 32 Disclosure Scheme’ and to get their income into rotation / accounted for by paying 30% tax and declaring the same under the aforesaid sections

DCIT, CHANDIGARH vs. SH. KULWANT SINGH, MOHALI

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

68, 69A, 69B, 69C and 69D can be misused by the assessees to circumvent the ‘Voluntary ITA Nos.41 to 44, 387, 45 to 54/Chd/17 & CO 16-to 30-Chd-2018- Shri Kulwant Singh & Others, Mohali 32 Disclosure Scheme’ and to get their income into rotation / accounted for by paying 30% tax and declaring the same under the aforesaid sections

DCIT, CHANDIGARH vs. SMT. JASWANT KAUR, MOHALI

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

68, 69A, 69B, 69C and 69D can be misused by the assessees to circumvent the ‘Voluntary ITA Nos.41 to 44, 387, 45 to 54/Chd/17 & CO 16-to 30-Chd-2018- Shri Kulwant Singh & Others, Mohali 32 Disclosure Scheme’ and to get their income into rotation / accounted for by paying 30% tax and declaring the same under the aforesaid sections

DCIT, CHANDIGARH vs. SH. PARAMJIT SINGH, MOHALI

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

68, 69A, 69B, 69C and 69D can be misused by the assessees to circumvent the ‘Voluntary ITA Nos.41 to 44, 387, 45 to 54/Chd/17 & CO 16-to 30-Chd-2018- Shri Kulwant Singh & Others, Mohali 32 Disclosure Scheme’ and to get their income into rotation / accounted for by paying 30% tax and declaring the same under the aforesaid sections

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)

1)(iii) of the Act provides that “the amount of the interest paid in respect of capital borrowed for the purposes of the business or profession” has to be allowed as a deduction in computing the income under Section 280 of the Act. It was further noted by the Apex Court that the expression “for the purpose of business

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

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

section 10(38) of the Act is directed to be deleted on the basis of same reasoning and logic as adopted by the Honourable ITAT, Chandigarh in the case of the assessee company itself for the A.Ys. 2008-09, 2009- 10 and 2010-11 while deleting the identical addition in these years. In the result, the grounds No. 1

DCIT, LUDHIANA vs. M/S INCITE HOMECARE PVT. LTD., LUDHIANA

In the result, the appeal of the Revenue is dismissed

Bench: Ms. Diva Singh & Dr. B.R.R.Kumarassessment Year: 2011-12

36(1)(iii) of the Act etc. The Court further took into consideration the distinction of the expression “for the purpose of business” which, it was noted is wide in scope than the expression “for the purpose of earning profits” as held in CIT Vs Malayalam Plantations Ltd. (1964) 53 ITR 140 (S.C) and CIT Vs Birla Cotton Spinning

M/S KAPSONS FASHION PVT. LTD.,CHANDIGARH vs. ACIT, C-2(1), CHANDIGARH

In the result, all the appeals filed by the assessee are partly allowed for statistical purposes

Bench: Smt.Diva Singh & Smt.Annapurna Guptaआयकर अपील सं./ Ita Nos.1014 To 1016/Chd/2017 "नधा"रण वष" / Assessment Years : 2011-12 To 2013-14

36(1)(iii) of the Act being the amount of interest paid on bank loan taken for acquiring of asset not put to use in the year under reference. 54. It was common ground that the issue raised in the present ground was identical to that raised in ground No. 3 of assessee’s appeal

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

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

36(1)(iii). • Honble ITAT decisions quoted by assessee have not considered the decision of Honble P/H HC in Avon Cycles and Punjab Tractor. 5. In view of the above submissions it is prayed that the disallowance made u/s 14A by the AO may kindly be upheld. 9.11 Ld. AR reiterated the arguments taken before

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

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

36(1)(iii). • Honble ITAT decisions quoted by assessee have not considered the decision of Honble P/H HC in Avon Cycles and Punjab Tractor. 5. In view of the above submissions it is prayed that the disallowance made u/s 14A by the AO may kindly be upheld. 9.11 Ld. AR reiterated the arguments taken before

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

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

36(1)(iii). • Honble ITAT decisions quoted by assessee have not considered the decision of Honble P/H HC in Avon Cycles and Punjab Tractor. 5. In view of the above submissions it is prayed that the disallowance made u/s 14A by the AO may kindly be upheld. 9.11 Ld. AR reiterated the arguments taken before

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

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

36(1)(iii). • Honble ITAT decisions quoted by assessee have not considered the decision of Honble P/H HC in Avon Cycles and Punjab Tractor. 5. In view of the above submissions it is prayed that the disallowance made u/s 14A by the AO may kindly be upheld. 9.11 Ld. AR reiterated the arguments taken before

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

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

36(1)(iii). • Honble ITAT decisions quoted by assessee have not considered the decision of Honble P/H HC in Avon Cycles and Punjab Tractor. 5. In view of the above submissions it is prayed that the disallowance made u/s 14A by the AO may kindly be upheld. 9.11 Ld. AR reiterated the arguments taken before

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

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

36(1)(iii). • Honble ITAT decisions quoted by assessee have not considered the decision of Honble P/H HC in Avon Cycles and Punjab Tractor. 5. In view of the above submissions it is prayed that the disallowance made u/s 14A by the AO may kindly be upheld. 9.11 Ld. AR reiterated the arguments taken before

MR. RAM PAL SINGH,CHANDIGARH vs. ITO WARD 5(4), CHANDIGARH

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

Bench: Shri N.K. Saini & Shri Sudhanshu Srivastavaआयकर अपील सं./ Ita No. 387/Chd/2021 "नधा"रण वष" / Assessment Year : 2018-19 Mr. Ram Pal Singh, The Ito, Ward-5(4), बनाम Sco 68, Chandigarh Ist Floor, Sec. 40-C, Chandigarh "थायी लेखा सं./Pan No: Bawps7303F अपीलाथ"/Appellant ""यथ"/Respondent

68, Chandigarh Ist Floor, Sec. 40-C, Chandigarh "थायी लेखा सं./PAN NO: BAWPS7303F अपीलाथ"/Appellant ""यथ"/Respondent Hearing though video Conferencing "नधा"रती क ओर से/Assessee by : Sh. Anil Batra, Advocate राज"व क ओर से/ Revenue by : Dr. Ranjeet Kaur, CIT DR सुनवाई क तार%ख/Date of Hearing : 14.02.2022 उदघोषणा क तार%ख/Date of Pronouncement