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Punjab and Haryana HC

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

November 6, 2015 716 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 5502 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 2201 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 80008 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 3097 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),

Interest paid on money advanced by PSU from funds sanctioned by govt. not exempt from TDS u/s 196(i)

October 9, 2015 2611 Views 0 comment Print

The Hon’ble Punjab & Haryana High Court in the case of M/s Council for Citrus and Agri Juicing in Punjab Vs. CIT(TDS) held that the money lent by the public sector undertaking from the corpus fund created out of govt. sanctioned funds could not be deemed as loans advanced by the govt.

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

September 29, 2015 22454 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 9656 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 1516 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 5957 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

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