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Punjab and Haryana HC

Statement recorded during inquiry/investigation- voluntary statement?

June 22, 2019 4293 Views 0 comment Print

High Court held that statement recorded during inquiry/investigation may have been recorded under compulsion and the same cannot be said to be voluntary statement.

GST: P&H Release of goods on furnishing security of immovable property

May 31, 2019 1353 Views 0 comment Print

Hon’ble Punjab and Haryana High Court has directed respondents to release the goods by furnishing security of immovable property where the petitioner has filed the appeal

Survey cannot be converted into search without recording satisfaction

May 22, 2019 2421 Views 0 comment Print

In case there was only a survey operation under section 131 and no proceedings were pending at that point of time in assessee’s case, exercising power of search under section 132 by income tax authorities without any satisfaction recorded either of non-­cooperation of assessee or a suspicion that income had been concealed by assessee warranting resort to the process of search and seizure made the the process of search and seizure conducted as invalid and to be quashed .

Section 12AA registration cannot be denied merely because assessee claimed exemption u/s 10(23C)

April 5, 2019 1560 Views 0 comment Print

CIT (E) Vs M/s Beant College of Engineering & Technology (Punjab and Haryana High Court) The Tribunal while dealing with the objection of the CIT(E) that the assessee had been claiming exemption under Section 10(23C)(iiiad) of the Act and, therefore, should not have filed the application under Section 12AA of the Act, had noticed that […]

Section 143A is effective prospectively & s. 148 is effective retrospectively to pending cases

April 4, 2019 9777 Views 0 comment Print

If the provisions are substantive in nature then the same cannot be applied Retrospectively to the pending cases. However, if the provisions are procedural in nature then the same has to be applied to all the cases, including the one pending before the Court.

Seizure of Goods: HC order GST department to pass speaking order

April 1, 2019 1134 Views 0 comment Print

After hearing learned counsel for the petitioner, perusing the present petition and without expressing any opinion on the merits of the case, we dispose of the present petition by directing respondent No.2 to take a decision on the representation dated 13.3.2019 (Annexure P-10), in accordance with law by passing a speaking order and after affording an opportunity of hearing to the petitioner within a period of one week from the date of receipt of the certified copy of the order.

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

March 26, 2019 1083 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 2004 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 1761 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 585 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.

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