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Punjab and Haryana HC

Form- “C” available even after GST implementation: P&H High Court

March 28, 2018 4842 Views 1 comment Print

Punjab & Haryana HC in the case of Carpo Power Limited vs. State of Haryana in CWP No. 29437 of 2017 has held that Form C is available to assesse even after implementation of GST.

AO cannot Review Original Assessment without any Fresh Tangible Material

February 12, 2018 843 Views 0 comment Print

In the Case, Commissioner of Income Tax vs Ram Kumar Duhan, Punjab and Haryana High Court jointly held that the Assessing Officer (AO) has no power to review original assessment without any fresh tangible material.

Mere high appreciation in share value not enough to treat gain from Penny stocks as bogus

January 18, 2018 1572 Views 0 comment Print

This is an appeal against the order of the Income Tax Appellate Tribunal dated 20.07.2016 upholding the order of the CIT (Appeals) dated 14.02.2014. The matter pertains to the assessment year 2008-2009.

Addition justified if creditworthiness of parties & genuineness of transaction not established

January 11, 2018 2199 Views 0 comment Print

Hon’ble High Court held that  addition on account of undisclosed income is sustainable where creditworthiness of parties and genuineness of transaction was not established by assessee.

Writ Petition not Maintainable against a Show-Cause Notice: HC

December 1, 2017 2322 Views 0 comment Print

In our considered view, no writ petition is maintainable against a show-cause notice. The petitioner, if so advised, may submit objections against the show-cause notice and if any adverse order is passed, he shall have his remedy against the same in accordance with law.

Registration U/s. 12AA cannot be denied for registration of society twice with Registrar of Societies

September 11, 2017 2499 Views 0 comment Print

A persual of rule 17A shows that the only requirement to seek registration under section 12A is to furnish documents evidencing creation of trust or establishment of institute in original, which assessee had duly furnished in the form of trust deed, therefore, denial of registration on the ground of registration of the society twice with Registrar of Societies, was not correct.

P&H HC directs subordinate courts to record Aadhaar No. of Parties

July 17, 2017 780 Views 0 comment Print

Directions be issued to all the District And Sessions Judges In the States of Punjab, Haryana and U.T. Chandigarh for directing the officials concerned to start capturing/ entering the Aadhar Number of the parties while entering the cases in CIS 2.0. The members of the Bar may be requested to provide the Aadhaar number for the aforesaid Purpose.

Sale of Goods from Delivery Hub in Punjab to Customers of Punjab although brought from warehouse situated outside Punjab is inter-state supply

July 14, 2017 2721 Views 0 comment Print

Respondent Nos.2 and 3 are the State of Punjab and the State of Karnataka. Respondent Nos.4 and 5 are the Excise & Taxation Commissioner and the Excise and Taxation Officer-cum-Assessing Authority (ETO).

CIT can refuse to grant registration to Charitable trust only if he is not satisfied with Genuineness of its activities

July 11, 2017 999 Views 0 comment Print

CIT (Exemptions) Vs. Lord Krishna Charitable Trust (Punjab and Haryana High Court) Section 12AA prescribes the scope and ambit of the enquiry that the CIT is authorized to carry out at the time of grant of registration to a trust or institution. The scope of the enquiry revolves around the nature of the objects and […]

Transfer under section 2(47)(v) not takes places without registration of JDA

May 8, 2017 2943 Views 0 comment Print

Pr. CIT Vs Dr. Amrik Singh Basra (Punjab & Haryana High Court) After considering the relevant statutory provisions and the case law, the following conclusions were drawn :– “(1) Perusal of the JDA dated 25-2-2007 read with sale deeds dated 2-3-2007 and 25-4-2007 in respect of 3.08 acres and 4.62 acres respectively would reveal that […]

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