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Punjab and Haryana HC

Sec. 68 addition of undisclosed credit liability justified in case of non-satisfactory explanation

August 20, 2018 1554 Views 0 comment Print

Pawan Kumar Garg Vs CIT (Punjab and Haryana HC) Conclusion: If the explanation offered by assessee regarding nature and source of sum credited in his books of account was not found satisfactory by AO, the said sum could be charged to income tax under section 68. Held: During assessment proceedings, AO noted that credit liability […]

No VAT on dyes & chemicals washed away during Job work & get embedded into final product

May 17, 2018 4116 Views 0 comment Print

Whether on the facts and in the circumstances of the case, the learned Tribunal was justified in upholding the levy of tax on chemicals used as consumables in the process of job work of dyeing of fabric by assuming that property in the goods has passed on to the principals?

GST appeal should not be dismissed for delay if No Appellate Authority constituted

May 14, 2018 1962 Views 0 comment Print

As petitioner could not file appeal earlier because of non-constitution of the Appellate Authority, which has now been appointed vide notification dated April 19, 2018, the appeal filed by the appellant shall not be dismissed only on account of delay.

Sec 12A Registration eligible for imparting training to officials involved in criminal justice system

May 9, 2018 867 Views 0 comment Print

CIT (E) Vs M/s The Institute of Correctional Administration (Punjab and Haryana HC) The grievance of the appellant is regarding grant of registration to the respondent under Section 12-A of the Income Tax Act, 1961. The respondent is a society constituted by the Government for imparting training to various officers/officials involved in the criminal justice […]

No TDS on interest on compensation under Motor Vehicles Act, 1988

April 4, 2018 15834 Views 1 comment Print

Impugned in the present revision petitions are the different orders passed by Motor Accident Claims Tribunal, Bathinda, whereby the J.D.-Insurance Company was directed to deposit within 15 days the TDS amount, which has been deducted at source. The J.D. was given liberty to withdraw the TDS amount from Income Tax Department.

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

March 28, 2018 4941 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 855 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 1626 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 2259 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 2406 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.

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