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Punjab and Haryana HC

No Section 14A disallowance if No Exempt Income : P&H HC

March 26, 2019 1047 Views 0 comment Print

whether the AO is correct in disallowance made u/s 14A irrespective of the fact that assessee do not have any Exempt Income during the Year?

Section 80-IC deduction eligible on Additions for interest & bad debts

March 19, 2019 1956 Views 0 comment Print

Since assessee was held entitled to claim deduction of its profits at the rate of 100% in terms of section 80-IC, therefore, additions made towards interest and bad debts so made were also entitled to deduction under section 80-IC resulting in no addition to the taxable income of assessee.

Section 54EC deduction for Amount not invested in REC Bonds within prescribed time due to Delay in receipt of sale consideration amount

March 12, 2019 1710 Views 0 comment Print

Where assessee had deposited sale consideration amount in the Escrow Account as a security in respect of future liabilities of the company/ transferor, the year of taxability, irrespective of the delay in making investment in REC Bonds on account of uncertainty involved for receiving the amount, the year of taxability was year of receipt and therefore, assessee was eligible for deduction under section 54EC.

HC disposes petition as same was appealable under Punjab GST Act, 2017

February 20, 2019 570 Views 0 comment Print

It was stated by learned counsel for the State that the goods have been released and the amount of tax and penalty has been deposited  by the petitioner. It was further stated that the impugned order is appealable under Section 107 of Punjab General Goods and Service Tax Act, 2017.

Extinguishment of right to carry on business not amounts to transfer of capital asset

January 23, 2019 2301 Views 0 comment Print

Non-compete fee received by assessee for signing of negative covenant for not carrying out a speciality business did not amount to transfer of right to carry on business, the consideration of which was liable to be taxed as capital gain.

Seeking info under RTI Act cannot put question mark on integrity of applicant

December 17, 2018 3378 Views 0 comment Print

Pardeep Kumar Vs Union Territory, Chandigarh and others (Punjab and Haryana HC) The order reverting the petitioner is vindictive. The petitioner has absolute right to get the information under the Right to Information Act. Seeking information under the Right to Information Act cannot put question mark on his integrity. The appellate order has also over […]

Bogus billing under GST : HC reject Bails application

December 13, 2018 8703 Views 0 comment Print

They have made bogus billing and adjusted the amount without any transportation of the goods or sale of goods etc. Only paper transactions were done and amounts have been adjusted and wrongly claimed relief of more than Rs. 80 crores.

Release detained goods on furnishing of security other than bank guarantee or cash: P&H HC

October 22, 2018 957 Views 0 comment Print

M/s. Modern Insecticides Limited Vs State Of Punjab And Others (Punjab and Haryana High Court) Section 129(1)(c) of the Act provides that goods can be released on furnishing of security as prescribed. Section 129(2) of the Act provides for application of Section 67(6) of the Act, which in turn has been referred to in Rule […]

Birth/Death Certificates can be applied Under RTI Act: HC

October 5, 2018 13218 Views 0 comment Print

Under the RTI Act, disclosure of information is a norm and refusal an exception. In other words, information cannot be denied under the RTI Act unless exempted from disclosure in accordance with Sections 8, 9 and 11 only. Section 22 as mentioned above leads the way to making the fundamental right to information a reality by enforcing it by simply invoking the provisions of the RTI Act.

Tax Audit Due Date Extension: P&H HC dismisses Appeal

September 25, 2018 4173 Views 0 comment Print

Vishal Garg and others vs Union of India and others (Punjab and Haryana High Court) In respect of Write filed by Mr. Vishal Garg by which he has requested the HC to direct CBDT to extend last date of filing of returns i.e 30th September, 2018 for the assessment year 2018-19 of assessees whose accounts […]

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