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Punjab and Haryana HC

HC allows Additional Evidence to Assess real Income of the Appellant

March 16, 2017 981 Views 0 comment Print

PCIT Vs Daljit Singh Sra Prop M/s Sra Construction Co. Bathinda (Punjab & Haryana High Court) Case Law On Additional Evidences Filed Under Rule 46a: Pcit V. Daljit Singh Sra (2017) (P&H) Where additional evidences filed under rule 46A was relevant for calculation of real income of assessee, same was to be admitted Before the […]

Addition upheld for cash deposit in bank claimed against withdrawals

March 7, 2017 8643 Views 3 comments Print

The withdrawals have been found to be subsequently redeposited after a gap of two or three months which is not probable. The assessee therefore we find has not been able to link the cash withdrawn from the bank with cash deposit we therefore uphold the order of the learned CIT(A) treating the cash deposit of Rs. 14,20,212/- as unexplained income of the assessee.

Assessee can adjust cash seized against its advance tax dues

February 28, 2017 2382 Views 1 comment Print

The assessee has been held entitled to adjustment of cash seized against its advance tax dues. It has further been held that the Explanation 2 to Section 132B of the Act is not retrospective in nature.

Unregistered JDA not falls under section 53A & consequently section 2(47)(v) not apply

February 17, 2017 2631 Views 0 comment Print

Where no possession had been given by the transferor to the transferee of the entire land in part performance of JDA so as to fall within the domain of section 53A and in absence of registration of JDA, although executed afterwards, the agreement did not fall under section 53A and consequently section 2(47)(v) did not apply and no further amount had been received and no action thereon had been taken, therefore, appeal of Revenue was dismissed.

Capital Gain on Sale of Penny stock: P&H HC favours Assessee

February 16, 2017 3771 Views 2 comments Print

The Pr. CIT (Central) Vs. Sh. Hitesh Gandhi (Punjab and Haryana High Court) Assessing Officer was not able to contradict the facts regarding purchase of shares and sale thereof. Further, it was recorded that the assessee had sold shares through MTL shares and Stock Broker limited which is a SEBI registered Stock Broker. The payment […]

Addition for undervaluation not justified without alleging that assessee received more consideration than what is stated in the sale deed

January 24, 2017 3570 Views 0 comment Print

The presumption against the value being understated (not undervalued) is greater where parties are connected or related. However, if the AO does not allege that the assessee received more consideration than is stated in the sale deed, he cannot made an addition to the stated consideration.

Cash seized during demonetization eligible for PMGKY deposit scheme

January 23, 2017 15027 Views 2 comments Print

In case, the petitioner submits any application to the Income Tax Department, the authorities can look into matter for the purpose of declaration of undisclosed income by availing the remedy under the PMGKY Scheme.

Mere surplus generation not fatal to exemption u/s 10(23C)(vi)(via)/ 80G if same is utilized for charitable purposes

December 23, 2016 1353 Views 0 comment Print

In this case Punjab & Haryana High Court upheld the The law laid down in Visvesvaraya Technological University vs. ACIT 384 ITR 37 (SC)  that  generation of surplus is not fatal to the grant of exemption under section 10(23C)(vi)(via)/ 80G of Income Tax Act, 1961 if such surplus is utilized for charitable purposes. In this […]

SC explains TDS on construction, erection & commissioning of plants

December 9, 2016 25329 Views 0 comment Print

These are usual clauses in such contracts. The testing, pre-commissioning, commissioning and post-commissioning are required to be carried out by a contractor to satisfy the customer that the work has been executed in a proper manne

No penalty where assessee relied on professional opinion & there is no tax impact

November 30, 2016 1971 Views 0 comment Print

Tribunal noted that the respondent had claimed the set off of its business income of Rs. 1.85 crores against the brought forward business losses of the earlier years on the basis of a legal opinion received from a leading firm of Chartered Accountants dated 15.06.2001.

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