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Punjab and Haryana HC

CBDT cannot extend time to claim deduction under section 54F

September 28, 2016 18051 Views 0 comment Print

Where assessee was precluded from construction of new house due to prohibition of construction in his area then assessee could seek relaxation in terms of section 119(2)(c) at time of claiming deduction under section 54F and such claim could be made only within time period, as prescribed under Act for making such claim.

HC directs tribunal to accept additional ground even if raised by way of oral request

September 16, 2016 15600 Views 0 comment Print

Rule 11 of Appellate Tribunal Rules does not require a party to seek the leave of Tribunal in writing to be heard in support of any ground not set forth in the memorandum of appeal, therefore, Tribunal was directed to adjudicate upon additional ground even if raised by way of oral request.

No Disallowance U/s.14A for mere decrease in shareholders funds

September 6, 2016 726 Views 0 comment Print

CIT Vs M/s Max India Limited (Punjab and Haryana HC) Where assessee’s borrowings of interest bearing funds got increased during the year, it could not be presumed that such borrowed funds were utilized for the purpose of investing in assets yielding exempt income and disallowance under section 14A made on the basis of such unfounded […]

S. 80IB deduction conditions to be fulfilled in all years of deduction claim

September 2, 2016 2575 Views 0 comment Print

Deduction U/s. 80IB is allowable over a period of 6 years which follows that conditions for claiming deduction must remain fulfilled in all years for which deduction being claimed

No disallowance of ITC for mere technical defect in VAT invoice – HC

August 2, 2016 21902 Views 0 comment Print

The Hon’ble Punjab & Haryana High Court in a crucial decision has held that input tax credit cannot be disallowed merely for a technical defect in the VAT Invoice such as non mentioning of words “Input Tax Credit is available to a person against this copy” as per Rule 54 of the Punjab VAT Rules, 2005.

Notional rent payable if assessee owns more than 1 property

July 28, 2016 5356 Views 0 comment Print

Annual value of properties like the ones in case in hand which are more than one, owned by assessee and which admittedly remained vacant throughout the previous year would not be assessed U/s. 23(1)(c) but under Section 23(1)(a). The annual value would, therefore, be determined notionally

Addition justified for Failure to prove genuineness of gifts received

July 13, 2016 1902 Views 0 comment Print

The assessee in order to draw benefit of the exemption under Proviso to section 56(2)(vi) of the Act was required to prove that the said gifts were received from any relative described there under or had been received on the occasion of marriage of the individual i.e., assessee.

CA providing accommodation entries debarred from practice

March 18, 2016 36250 Views 4 comments Print

The allegations against CA Vivek Kapoor were that he was master-mind in a scam of providing accommodation entries to various concerns after charging commission ranging from 1% to 3%.

Principle of Natural justice should be followed while deciding matter

February 24, 2016 5539 Views 0 comment Print

Principles of natural justice are those rules which have been laid down by the Courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial, quasi-judicial and administrative authority while making an order affecting those rights.

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

January 29, 2016 3280 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.

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