Punjab and Haryana HC

Addition upheld for cash deposit in bank claimed against withdrawals

Smt. Kavita Chandra Vs CIT (Appeals) (Punjab & Haryana High Court)

The withdrawals have been found to be subsequently redeposited after a gap of two or three months which is not probable. The assessee therefore we find has not been able to link the cash withdrawn from the bank with cash deposit we therefore uphold the order of the learned CIT(A) treating the cash deposit of Rs. 14,20,212/- as unexplained...

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Addition for undervaluation not justified without alleging that assessee received more consideration than what is stated in the sale deed

The Pr. Commissioner of Income Tax- 2, Vs M/s Quark Media House India Pvt. Ltd. (Punjab & Haryana High Court)

The presumption against the value being understated (not undervalued) is greater where parties are connected or related. However, if the AO does not allege that the assessee received more consideration than is stated in the sale deed, he cannot made an addition to the stated consideration....

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HC cannot entertain appeals related to determination of disputes relating to tax ability of services or excisability of goods

Commissioner Service Tax Vs DLF Golf Resorts Ltd. (Punjab & Haryana High Court)

Section 35L is being amended so as to clarify that determination of disputes relating to tax ability or excisability of goods is covered under the term 'determination of any question having a relation to rate of duty' and hence, appeal against Tribunal orders in such matters would lie before the Supreme Court....

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Azaan, is Integral Part of Islam but Not the Loudspeakers: HC

Aash Mohammad Vs State of Haryana and others (Punjab & Haryana High Court)

High Court held that that ‘Azaan’ is no doubt an essential part of the Muslim religion but the use of microphones is certainly not an integral part of ‘Azaan’...

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Assessee can adjust cash seized against its advance tax dues

Pr. CIT Vs Sh. Surinder Kumar Khindri (Punjab And Haryana High Court)

The assessee has been held entitled to adjustment of cash seized against its advance tax dues. It has further been held that the Explanation 2 to Section 132B of the Act is not retrospective in nature. ...

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Appellate Authority cannot Enhance Penalty: Punjab Excise Act, 1914

M/s Nirvair Singh Vs Financial Commissioner Taxation (Punjab and Haryana High Court)

Section 14 of the Punjab Excise Act, 1914 does not confer a power upon the appellate authority to pass an order more burdensome than the order appealed against. It does not entitle the appellate authority to enhance the penalty. ...

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No penalty where assessee relied on professional opinion & there is no tax impact

Pr. CIT Vs Atotech India Ltd (Punjab and Haryana High Court)

Tribunal noted that the respondent had claimed the set off of its business income of Rs. 1.85 crores against the brought forward business losses of the earlier years on the basis of a legal opinion received from a leading firm of Chartered Accountants dated 15.06.2001. ...

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SC explains TDS on construction, erection & commissioning of plants

Pr. CIT Vs The Senior Manager (Finance), Bharat Heavy Ltd., (Punjab and Hariyana High court)

These are usual clauses in such contracts. The testing, pre-commissioning, commissioning and post-commissioning are required to be carried out by a contractor to satisfy the customer that the work has been executed in a proper manne...

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Mere surplus generation not fatal to exemption u/s 10(23C)(vi)(via)/ 80G if same is utilized for charitable purposes

CIT Vs. Gulab Devi Memorial Hospital (Punjab & Haryana High Court)

In this case Punjab & Haryana High Court upheld the The law laid down in Visvesvaraya Technological University vs. ACIT 384 ITR 37 (SC)  that  generation of surplus is not fatal to the grant of exemption under section 10(23C)(vi)(via)/ 80G of Income Tax Act, 1961 if such surplus is utilized for charitable purposes. In this […...

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Cash seized during demonetization eligible for PMGKY deposit scheme

Vishal Jain vs. State of Punjab (Punjab & Haryana High Court)

In case, the petitioner submits any application to the Income Tax Department, the authorities can look into matter for the purpose of declaration of undisclosed income by availing the remedy under the PMGKY Scheme....

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