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Punjab and Haryana HC

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

December 1, 2017 2397 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 2586 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 804 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 2763 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 1029 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 2997 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 […]

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

May 3, 2017 2040 Views 0 comment Print

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.

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

May 1, 2017 2280 Views 0 comment Print

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’

Registration U/s. 12AA cannot be denied for mere non filing of Return

March 27, 2017 1839 Views 0 comment Print

Advocate Akhilesh Kumar Sah Just because the assessee has not filed income tax returns in earlier years, it can not be said that the activities of the assessee of the charitable trust / society were not genuine and grant of the registration under section 12AA cannot be denied

Appellate Authority cannot Enhance Penalty: Punjab Excise Act, 1914

March 21, 2017 1065 Views 0 comment Print

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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