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Punjab and Haryana HC

P&H HC judgment directing CBDT to extend ITR due date to 31.10.2015

September 29, 2015 22406 Views 0 comment Print

Vishal Garg Vs. UOI In the instant petition petitioners sought relief by way of writ under article 227 of the constitution of India and prayed before court that due date of filing ITR should be extended upto 31.10.2015.

Photocopy of a document is acceptable evidence in income tax assessment proceedings

September 17, 2015 9548 Views 0 comment Print

Punjab & Haryana High Court in the case of Vikrant Dutt Chaudhary Vs. CIT held that photocopy of a document will always constitute relevant “material” for the purpose of assessment because the very use of word material in sec 143(3) clearly shows that the AO is not bound by the technical rules of evidence

Stamp duty value shall be deemed as full value of consideration if consideration for transfer lesser than stamp duty value

September 15, 2015 1492 Views 0 comment Print

Punjab & Haryana High Court in case of B.M.J Real Estate P. Limited held that where the consideration received or accrued as a result of transfer of capital asset being the land or building is less than the value adopted or assessed by the stamp valuation authorities

Appeal can be filed against Levy of Interest u/s 234A,234B and 234C

September 15, 2015 5891 Views 0 comment Print

The Hon’ble Punjab & Haryan High Court in the case of Shri Krishan Gopal HUF held that the levy of interest u/s 234A , B & C is part and parcel of the of assessment process and it is open to an assessee to dispute the levy in appeal provided he challenge the very levy rather than claiming any waiver

Rejection of books of account for non maintainability of stock register is valid: HC

August 24, 2015 14730 Views 0 comment Print

Punjab & Haryana High Court held In the case of Harish Ahuja vs. CIT that in this case AO was not in position to verify the proper Gross profit rate because the assessee has not maintained the stock register.

Penalty u/s 271(1)(c) leviable for failure to prove genuineness of exemption u/s 54

August 17, 2015 2018 Views 0 comment Print

Punjab & Haryana High Court held in Manpreet Kaur vs CIT that if the assesse had claimed exemption u/s 54 for utilizing the sales proceeds in the construction of the residential house then the onus to prove that the sales proceeds had actually been used in the construction of residential house in on assesse.

Reasoned speaking order is mandatory for passing any judicial order

August 11, 2015 5019 Views 0 comment Print

Punjab & Haryana High Court held in CIT(A) Vs M/s Rashtriya Vikas party that for passing any order reasons for conclusions should be given accompanying that order then only that order would be considered as complete order.

Constitutional Validity of Amended Section 29 of Punjab Value Added Tax Act, 2005

August 7, 2015 5498 Views 0 comment Print

Judgment in case of Amrit Banaspati Company Ltd.- The Hon’ble High Court upheld the Constitutional Validity of the amended Section 29(4) in entirety and dismissed the writ petitions. The basic grievances of the petitioners were that the Amendment of Section 29(4) was prospective and not retrospective.

Payment for use of copyright though not registered is allowable expenditure

August 7, 2015 874 Views 0 comment Print

Punjab & Haryana High Court held In the case of Principal CIT vs. M/s Mobisoft Tele Solutions Pvt. Ltd. that Tarun Mohan had obtained the copyright in respect of the artistic work comprised in the name phoneytunes.com. Registration of the copyright is, however, not compulsory.

Addition to Income cannot be made for mere Excess quantity under Essential Commodities Act, 1955: HC

August 5, 2015 615 Views 0 comment Print

Punjab & Haryana High Court held In the case of The CIT Vs Bharat Bhushan held that no addition is sustainable where the purchases had been accounted for in the regular books of accounts maintained, duly audited and there is nothing to show that the quantity had been purchased and sold outside the books.

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