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Punjab and Haryana HC

Constitutional Validity of Amended Section 29 of Punjab Value Added Tax Act, 2005

August 7, 2015 4763 Views 0 comment Print

Judgment in case of Amrit Banaspati Company Ltd.- The Hon’ble High Court upheld the Constitutional Validity of the amended Section 29(4) in entirety and dismissed the writ petitions. The basic grievances of the petitioners were that the Amendment of Section 29(4) was prospective and not retrospective.

Payment for use of copyright though not registered is allowable expenditure

August 7, 2015 709 Views 0 comment Print

Punjab & Haryana High Court held In the case of Principal CIT vs. M/s Mobisoft Tele Solutions Pvt. Ltd. that Tarun Mohan had obtained the copyright in respect of the artistic work comprised in the name phoneytunes.com. Registration of the copyright is, however, not compulsory.

Addition to Income cannot be made for mere Excess quantity under Essential Commodities Act, 1955: HC

August 5, 2015 366 Views 0 comment Print

Punjab & Haryana High Court held In the case of The CIT Vs Bharat Bhushan held that no addition is sustainable where the purchases had been accounted for in the regular books of accounts maintained, duly audited and there is nothing to show that the quantity had been purchased and sold outside the books.

Deduction u/s 80IC not available on Sales Tax Rebate or on Ancillary activity Income: HC

August 4, 2015 1490 Views 0 comment Print

Punjab & Haryana High Court held In the case of The CIT vs. M/s H. M. Steels Ltd that on an analysis of section 80IC, it must be held that any industrial undertaking or enterprise would be entitled to deduction under sub-section (1) only to the extent of profits derived from such an industrial undertaking and not on account of any rebate or incentive made available to it by the Government.

Assessment U/s. 143(3) despite non compliance of Notices is valid: HC

August 3, 2015 2824 Views 0 comment Print

Punjab & Haryana High Court held In the case of Subhash Chander vs. CIT that it is open for the AO to complete assessment either u/s 144 or u/s 143(3), in case compliance of notice has not been done by the assessee.

Mere license for development of property will not attract capital gain tax liability : HC

July 31, 2015 1112 Views 0 comment Print

Punjab & Haryana High Court held In the case of Bikramjit Singh Gill vs. CIT that no possession had been given by the transferor to the transferee of the entire land in part performance of Joint development Agreement (JDA) dated 25.2.2007.

Disallowance of Interest at average rate for advance from mixed fund for non business Purposes

July 31, 2015 2270 Views 0 comment Print

In case of CIT vs. M/s Kudu Industries, P&H High Court held that In the absence of anything to indicate that the interest free advance was made only from a particular corresponding advance received by the assessee, the advance made by the assessee would obviously be from the common pool of money.

Conditions to avail deduction u/s 80IB should be fulfilled only in initial A.Y not in every 10 years of deduction

July 30, 2015 2012 Views 0 comment Print

Punjab & Haryana High Court held in CIT Vs M/s Sunder Forging that to claim the deduction u/s 80IB for consecutive 10 years all the relevant conditions should be required to be fulfilled only in the initial assessment year

Registration u/s 12AA cannot be denied to an educational institute merely because it’s is been run by Christian community

July 30, 2015 656 Views 0 comment Print

Punjab & Haryana High Court held in Alexandera School Vs CIT, Amritsar that if an educational institute had been run by a particular section of community then registration u/s 12AA could not be denied provided it was running to benefit all sections of society.

Transfer u/s 2(47) completes only when conditions of sec 53A of transfer of property act gets fulfilled

July 22, 2015 3116 Views 0 comment Print

ITAT held that Section 53A of 1882 Act, by incorporation, stood embodied in section 2(47)(v) of the Act and all the essential ingredients of Section 53A of 1882 Act were required to be fulfilled to attract sec 2(47). In the absence of registration of JDA

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