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Himachal Pradesh HC

Sec. 80-IB(10) deduction allowable even in case of belated returns

January 5, 2024 714 Views 0 comment Print

Deduction under section 80IB (10) was allowable to assessee as it had a reasonable & bona fide cause for not filing the return of income within the time permitted under Section 139(1). Once in the given facts, assessee had been held entitled to claim the specifically computed deductions, then it should not be burdened with taxes which it was otherwise not liable to pay under law.

Conviction of accused based on mere possession and recovery of currency notes without proof of demand unsustainable

December 8, 2023 360 Views 0 comment Print

Himachal Pradesh High Court held that mere possession and recovery of currency notes from an accused without proof of demand would not enable the court to convict the accused. The proof of demand, thus, has been held to be an indispensable essentiality for an offence under Sections 7and 13 of the PC Act.

Section 26E Overrides Rights for Recovering Tax Dues on Mortgaged Property

December 5, 2023 714 Views 0 comment Print

Himachal Pradesh High Court held that the provisions of Section 26E of the Securitisation and Reconstructions of Financial Assets and Enforcement of Security Interest Act (SARFAESI) Act, 2002 shall override the rights of others to recover the outstanding liability of taxes dues etc on the mortgaged/charged property from the original owner etc.

Bank has first charge over property above other debts payable to Central or State Government

October 4, 2023 1218 Views 0 comment Print

Himachal Pradesh High Court held that the Bank has first charge over the properties being secured creditor in priority over all Other Debts, Revenues, Taxes, Cesses and Other Rates payable to the Central or State Government or Legal Authority.

Company Name Change: Legal Effects on Property Ownership & Stamp Duty

September 26, 2023 6474 Views 0 comment Print

Explore legal implications of changing a company’s name on property ownership and stamp duty, as examined in a case before Himachal Pradesh High Court.

Fund utilized more than prescribed limit for achieving objective allowable U/s. 11

September 13, 2023 519 Views 0 comment Print

Himachal Pradesh High Court held that exemption u/s 11 of the Income Tax Act duly entitled even if Funds Pending Utilization was more than the prescribed limit as proved that funds were utilized for the purpose of achieving its objective.

Transfer order of Joint Commissioner justified in absence of any malafide intentions

September 13, 2023 654 Views 0 comment Print

Himachal Pradesh High Court held that transfer order for transfer of Joint Commissioner of State Taxes and Excise from the office of Parwanoo to Shimla justified as allegations of malafide intentions not established with material evidences.

H.P. VAT: HC can exercise revisional jurisdiction against orders passed by Tax Tribunal either under Section 45(2) or 46(3)

September 4, 2023 504 Views 0 comment Print

High Court can exercise revisional jurisdiction under Section 48 only against orders passed by Tax Tribunal either under Section 45(2) or 46(3) of H.P. VAT Act.

Action against appellate authority order kept on hold till GSTAT is constituted

September 2, 2023 912 Views 0 comment Print

Himachal Pradesh High Court allowed the writ petition and directed department not to act in furtherance of order passed by appellate authority till the time appellate tribunal in term of Section 109 of the Himachal Pradesh Goods and Services Tax Act, 2017 is constituted.

Levy of tax on milk cream sustained as milk cream & milk are different product

August 23, 2023 555 Views 0 comment Print

Himachal Pradesh High Court held that milk cream is different from milk. Accordingly, revision petition is dismissed and demand of tax @ 4% sustained.

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