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Punjab and Haryana HC

Sec.69A–Deeming provision cannot be initiated based on suspicion

January 29, 2016 2968 Views 0 comment Print

Suspicion and doubt may be the starting point of an investigation but cannot, at the final stage of assessment, take the place of relevant facts, particularly where a deeming provision is sought to be invoked.

Charges of prosecution for false statement during search not sustainable, where statement recorded without Oath

December 11, 2015 1312 Views 0 comment Print

Punjab and Haryana High Court held In the case of ADIT vs. Sh. Dhan Singh Sharma that ld counsel for the applicant admitted at the time of arguments that statement was re-started after some time on the same day.

S.24(b) Co-owners with unspecified shares entitled to equal interest deduction

November 26, 2015 7090 Views 0 comment Print

Since the individual shares were not specified in the sale deed and the house property as well as the housing loan is to be taken as jointly by all the co-owners, the logical conclusion is that everyone had equal share in the property and the assessee was entitled to 1/4th deduction, i.e. 25% of the entire interest.

Notice U/s. 148 issued to legal representative of deceased assessee is legal & valid

November 19, 2015 6906 Views 0 comment Print

In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a direction to the respondents to drop the assessment proceedings initiated against a dead person after his death.

Department cannot file FIR under provisions of IPC for alleged non-payment of Service tax

November 11, 2015 977 Views 0 comment Print

Department cannot file FIR under provisions of IPC for alleged non-payment of Service tax as the Finance Act being a special and complete Code prevails over general provisions of IPC- Ajay Kumar Sandhu Vs. State of Haryana [2015 (62) taxmann.com281 (Punjab & Haryana)]

Mere profitability, responsible for enhancement of profits, does not indicate that transaction is at an ALP

November 6, 2015 560 Views 0 comment Print

Knorr-Bremse India Pvt. Ltd. vs. ACIT (P&H HC) A reading of the orders of the TPO, the DRP and of the Tribunal makes it clear that one of the main reasons for not accepting the assessee’s case was that the assessee had not been able to substantiate that the payment for the services had actually increased its profits.

Section 54F do not stipulate purchase of new asset from sale proceeds of original capital asset only

November 4, 2015 4911 Views 0 comment Print

CIT Vs. Shri Kapil Kumar Agarwal (P&H High Court) -The issue that arises for consideration relates to whether the assessee in order to avail benefit of Section 54F of the Act is required to utilize the amount for the purchase of the new asset from the sale proceeds of the original capital asset only.

Tribunal Power to grant stay is confined only to appellate order

October 31, 2015 1994 Views 0 comment Print

The Hon’ble (P&H) High Court in the case of Pr.C.I.T. vs ITAT Delhi Bench, New Delhi and anothers while dealing with the scope of power of Tribunal for grant of stay against the prosecution proceedings held that once

Extend ITR due date to 31st October 2015- P&H HC to CBDT

October 31, 2015 75964 Views 0 comment Print

In the case of Vishal Garg & Ors. Vs. Union of India & Anr., Punjab & Haryana HC instructed CBDT extend due date of Tax Audit cases to 31st October 2015 from existing 30th September 2015. Its not clear if the due date for non audit cases also been extended

Prosecution – made more simpler for revenue

October 31, 2015 2797 Views 0 comment Print

A perusal of this order reveals that the Tribunal has recorded a finding that it is empowered by Section 254 of the Act to stay prosecution. The said finding is the bone of contention between the parties. Pr. Commissioner of Income Tax Vs. Income Tax Appellate Tribunal, Delhi Bench (Punjab & Haryana HIgh Court at Chandigarh),

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