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Punjab and Haryana HC

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 2015 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 662 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 3125 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

Services directly or indirectly used in relation to manufacture of final products are eligible for Cenvat credit

July 16, 2015 2124 Views 0 comment Print

Punjab & Haryana High Court in the case of Bellsonica Auto Components India Private Limited held that services directly or indirectly used in relation to manufacture of final products are eligible for Cenvat credit.

Reassessment u/s 147 not permitted for failure of AO to draw correct inference from details disclosed by assesse

July 15, 2015 591 Views 0 comment Print

Punjab & Haryana High Court held in CIT(A) Vs M/s ITW India Limited that mere change in opinion of the AO could not amount to issue of notice for re-assessment u/s 147. AO should had reasonable tangible facts in hand before issuing notice u/s 147.

Exemption u/s 54B can be claimed for long term & short term assets; land purchased has to be in the name of assesse

July 6, 2015 2466 Views 0 comment Print

Punjab & Haryana High court held in CIT vs Shri Dinesh Verma that exemption u/s 54B could be claimed for short term & Long term assets because there was no such provision u/s 54B which denies exemption for short term assets.

Interest u/s 215 cannot be levied if partner had paid advance tax in individual capacity on bonafide estimate of firm’s income

June 30, 2015 709 Views 0 comment Print

Punjab & Haryana High Court in CIT Vs M/s Mahesh Munjal HUF held that if the assesse had paid advance tax in his individual capacity after considering his estimated share in his firm’s income without any anticipation that the firm’s income on which he was paying advance tax was false then interest u/s 215 could not be levied.

Comparable which is to be considered as a benchmark for comparing with comparable company should belong to year under consideration

May 27, 2015 429 Views 0 comment Print

Punjab & Haryana High Court held in CIT Vs DSM Anti Infectives India ltd that the benchmark comparable which was used to compare with the comparable company that should be considered only of that year of which TP case was involved.

Comparable Selected in TP study should be functionally same & not necessarily to be identical

May 27, 2015 1676 Views 0 comment Print

Punjab & Haryana High Court held In the case of CIT vs. M/s DSM Anti Infectives India Ltd. that the filter used by the TPO while selecting comparable is to select companies who are using Penicillin-G as raw material irrespective of the extent of usage of the same.

State Govt did not have power to legislate Rule 21(8) of Punjab VAT Rules

May 20, 2015 781 Views 0 comment Print

Punjab & Haryana High Court in the case of The Jalandhar Iron and Steel Merchants Association(Regd), Jalandhar vs State of Punjab has held that the State Government did not have power to legislate Rule 21(8) of Punjab VAT Rules, 2005 before 01.04.2014 so as to restrict ITC on stock of iron and steel goods as existing on the date of reduction of tax on such goods.

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