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Punjab and Haryana HC

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

August 24, 2015 14826 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 2042 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 5073 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 5540 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 889 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 645 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.

Deduction u/s 80IC not available on Sales Tax Rebate or on Ancillary activity Income: HC

August 4, 2015 1760 Views 0 comment Print

Punjab & Haryana High Court held In the case of The CIT vs. M/s H. M. Steels Ltd that on an analysis of section 80IC, it must be held that any industrial undertaking or enterprise would be entitled to deduction under sub-section (1) only to the extent of profits derived from such an industrial undertaking and not on account of any rebate or incentive made available to it by the Government.

Assessment U/s. 143(3) despite non compliance of Notices is valid: HC

August 3, 2015 3202 Views 0 comment Print

Punjab & Haryana High Court held In the case of Subhash Chander vs. CIT that it is open for the AO to complete assessment either u/s 144 or u/s 143(3), in case compliance of notice has not been done by the assessee.

Mere license for development of property will not attract capital gain tax liability : HC

July 31, 2015 1301 Views 0 comment Print

Punjab & Haryana High Court held In the case of Bikramjit Singh Gill vs. CIT that no possession had been given by the transferor to the transferee of the entire land in part performance of Joint development Agreement (JDA) dated 25.2.2007.

Disallowance of Interest at average rate for advance from mixed fund for non business Purposes

July 31, 2015 2465 Views 0 comment Print

In case of CIT vs. M/s Kudu Industries, P&H High Court held that In the absence of anything to indicate that the interest free advance was made only from a particular corresponding advance received by the assessee, the advance made by the assessee would obviously be from the common pool of money.

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