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Judgment Search Results Home > Cases Phrase: income tax act Court: punjab and haryana Year: 2015 Page 1 of about 74 results (0.083 seconds)

Jul 22 2015 (HC)

C.S. Atwal Vs. Commissioner of Income-tax, Ludhiana

Court : Punjab and Haryana

Decided on : Jul-22-2015

..... for charging income tax, the apex court in commissioner of income tax, bombay city v. messrs shoorji vallabhdas and co. (1962) 46 itr 144 (sc) observed that income tax is a levy on income and where no income results either under accrual system or on the basis of receipt, no income tax is exigible. the relevant observations read thus:- "income tax is a levy on income. no doubt, the income-tax act takes into ..... the issue before the apex court in surana steels pvt. limited's, case (supra) was relating to computation of book profit under section 115j of the income tax act, 1961. section 205 of the companies act, 1956 provided that past losses or unabsorbed depreciation, whichever is loss shall be allowed as set off against the book profits of the current year for determining ..... assessee. it was observed as under:- "17. first of all, it is now well settled that income tax cannot be levied on hypothetical income. in commissioner of income tax v. shoorji vallabhdas and co., [1962] 46 itr 144 (sc) it was held as follows:- "income-tax is a levy on income. no doubt, the income-tax act takes into account two points of time at which the liability to ..... of 2013. 2. ita no.200 of 2013 has been preferred by the appellant-assessee under section 260a of the income tax act, 1961 (in short, "the act") against the order dated 29.7.2013 passed under section 254(1) of the act by the income tax appellate tribunal, chandigarh 'b' bench, chandigarh (in short, "the tribunal") in ita no.448/chd/2011 for the .....

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Jul 06 2015 (HC)

Harf Charitable Trust (Regd), Malerkotla Vs. Chief Commissioner of Inc ...

Court : Punjab and Haryana

Decided on : Jul-06-2015

..... liberty to pass fresh orders if such necessity is felt after taking into consideration the various provisions of law contained in section 10(23c) read with section 11 of the income tax act." 16. in the present case, under the second proviso, the authority was to call for documents including audited annual accounts from the trust and in order to satisfy itself ..... of income tax, ludhiana was that the petitioner- trust had an intention to carry out business activity which was not permissible for ..... is to the order dated 17.09.2012 (annexure p-5) passed by the chief commissioner of income tax-respondent no. 1 wherein, the application of the petitioner for grant of approval for exemption under section 10(23c)(vi) of the income tax act, 1961 (in short 'the act') has been rejected. 2. the predominant reason which weighed with respondent no. 1- the chief commissioner ..... name of sohrab public school, nabha road, malerkotla solely for educational purposes and is being regularly assessed to income tax. an application was submitted in form 56d under section 10(23c)(vi) of the act read with rule 2ca seeking exemption from payment of income tax as per requirements and it also filed the audited balance sheets for the last 3 years plus the .....

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Jan 30 2015 (HC)

Baldev Singh and Co. Vs. Commissioner of Income-tax, Aayakar Bhawan, L ...

Court : Punjab and Haryana

Decided on : Jan-30-2015

..... surjit singh and rajinder singh were share holders of the balance 25%. a case was initiated against the baldev singh and co., through baldev singh, under section 148 of the income tax act, 1961, for assessment years 1985-86 and 1986-87. baldev singh, however, did not put in appearance during assessment proceedings and, therefore, an order dated 05.03.1998, was passed ..... the evidences on record thus unsustainable in law? (vii). whether the itat has misdirected itself in being influenced by irrelevant factors and applying erroneous criteria while deciding the issue under income tax act, 1961?" 5. a perusal of the substantial questions of law reveal that questions no.(i) to (v) pertain to the earlier order dated 31.03.2009 passed by the itat ..... co. are illegal and contrary to the evidence on record. counsel for the appellant further submits that section 23 of the income tax act (hereinafter referred to as 'the act') defines a firm as having the same meaning as assigned under the indian partnership act, 1932. the revenue was required in the discharge of its onus, to prove the existence of a partnership of which ..... the appellant firm without appreciating the provisions of law as per section 184 and 185 of the income tax act, 1961 and other evidences on record? (iv). whether, on the facts and circumstances of the case, itat was justified in reversing a well versed order of cit (a) in original appeal and thereby holding mr. baldev singh as partner of the appellant firm without .....

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Sep 29 2015 (HC)

Vishal Garg Vs. Union of India

Court : Punjab and Haryana

Decided on : Sep-29-2015

..... , 5 and 6 were not prescribed before 7th august 2015 when the same are required to be appended alongwith the e-filing of the return under section 139d of the income tax act, 1961? ii) has any assessee in this category filed the return before 7th august 2015? if yes, whether the assessee is required to file fresh return after the format of ..... categories of assessees including companies, firms and individuals engaged in proprietary business/profession etc. whose accounts are required to be audited in terms of section 44ab of the income tax act, 1961 (in short, the act ). 2. a few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. the petitioners are practicing chartered accountants and are ..... based at chandigarh and different places in the state of punjab. according to the petitioners, as per section 139(1) of the act, the income tax return of every financial year ending on 31st of march is to be filed by the due dates fixed. the forms under which the respective categories of ..... ." 119. (1) the board may, from time to time, issue such orders, instructions and directions to other income-tax authorities as it may deem fit for the proper administration of this act, and such authorities and all other persons employed in the execution of this act shall observe and follow such orders, instructions and directions of the board : provided that no such orders, instructions .....

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Oct 09 2015 (HC)

Council for Citrus and Agri Juicing in Punjab Vs. Commissioner of Inco ...

Court : Punjab and Haryana

Decided on : Oct-09-2015

..... ajay kumar mittal, j. 1. this appeal has been preferred by the assessee under section 260a of the income tax act, 1961 (in short "the act") against the order dated 17.3.2015 (annexure a-3) passed by the income tax appellate tribunal, amritsar bench, amritsar (hereinafter referred to as "the tribunal") in ita no. 30/asr/2014, for the assessment year 2008-09, claiming the following ..... order dated 27.3.2012 (annexure p-1) passed under sections 201(1)/201(1a) of the act raised a demand of rs. 13,64,006/- including interest. feeling aggrieved, the assessee filed an appeal before the commissioner of income tax (appeals) [for brevity "the cit(a)"]. the cit(a) vide order dated 8.11.2013 (annexure a-2) partly allowed the appeal. still dissatisfied ..... . a few facts necessary for adjudication of the instant appeal as narrated therein may be noticed. the income tax officer (tds)-ii, chandigarh has received information that the assessee has neither deducted or short deducted tax at source under sections 194a, 194c, 194i and 194j of the act amounting to rs. 9,21,626/- for the financial year 2007-08 relating to the assessment ..... year 2008-09 and he passed on the same to the income tax officer (tds)-i, jalandhar for necessary action. the income tax officer (tds)-i, jalandhar issued a show cause notice dated 21.3.2012 to the .....

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Sep 08 2015 (HC)

Commissioner of Income-tax, Faridabad Vs. Haryana Television Ltd.

Court : Punjab and Haryana

Decided on : Sep-08-2015

..... the amount of interest payable on such capital against said borrowings is deductible under section 24 of the income tax act so far as the instant case is concerned. since the outstanding loan liability was taken over by the assessee simultaneously at the time of transfer of the property of the ..... property of the company by undertaking the liability for paying the remaining unpaid loan of the financial institutions. section 24 deals with deduction from income from house property. as per clause (b) of section 24 of income tax act, the deduction is permissible on account of interest where the property has been acquired, constructed, repaired, renewed or reconstructed with borrowed capital. ..... ajay kumar mittal, j. 1. this appeal has been filed by the revenue under section 260a of the income-tax act, 1961 (in short "the act") against the order dated 28.9.2007 (annexure a-iii) passed by the income tax appellate tribunal, delhi bench "c", new delhi (hereinafter referred to as "the tribunal") in ita no. 2212/del/2004 for the assessment year 1997 ..... assessee filed an appeal before the commissioner of income tax (appeals), faridabad [hereinafter referred to as "the cit(a)"]. the cit(a), faridabad vide order dated 5.3.2004 (annexure a-ii) while partly accepting the appeal of the assessee upheld the disallowance of rs. 10,00,000/- under section 24(1)(vi) of the act. being dissatisfied with the order, annexure a- .....

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Mar 10 2015 (HC)

Commissioner of Income-tax-II, Jalandhar Vs. Apeejay Education Society

Court : Punjab and Haryana

Decided on : Mar-10-2015

..... filing of the present appeals: '(i) "whether on the facts and circumstances of case, the hon'ble tribunal was right in law in allowing registration rejected by cit u/s 12aa(3) of the income-tax act, 1961 in view of the activities of the society found non-genuine during the years involved as the funds of the assessee society were being siphoned off ..... purpose of convenience, the facts have been taken from ita no. 402 of 2014, commissioner of income tax-ii, jalandhar v. appejay education society. 2. the appeal by the revenue has been filed under section 260a of the income tax act, 1961 (in short 'the act') against the order of the income tax appellate tribunal, amritsar bench passed in ita no. 228 (asr)/2013 dated 08.05.2014 ..... . the revenue is aggrieved against the order of the tribunal whereby, the order dated 25.03.2013 passed by the commissioner of income tax-ii, jalandhar withdrawing the registration granted under ..... section 12aa(3) of the act to the assessee w.e.f. assessment year 2004-05 was set aside. accordingly, the following substantial questions of law are sought to be .....

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Aug 27 2015 (HC)

Makhan Singh Vs. Income-tax officer

Court : Punjab and Haryana

Decided on : Aug-27-2015

..... ramendra jain, j. 1. the present appeal has been filed under section 260a of the income tax act, 1961 (hereinafter called as 'the act') against the order dated 28.1.2014 (annexure a-3) passed by the income tax appellate tribunal, amritsar (in short 'the tribunal') in ita no. 440/asr/2012 for the assessment year 2009-10 claiming the following substantial questions of law: " ..... 35,658/- spent towards air conditioner, computer, vehicle, television, purchase of generator etc. aggrieved with the same, the appellant filed an appeal before the commissioner of income tax (appeals), amritsar [for brevity "the cit(a)"], who dismissed the same vide order dated 18.10.2012 (annexure a-2). still dissatisfied, the assessee filed an appeal before the tribunal. the tribunal vide ..... interest from the banks on the deposits. the assessing officer assessed those grants as its taxable income, being failed to spent 85% out of it, as required under section 111 of the act, besides interests thereon as taxable income, being separate from the grants-in-aid. the cit (a) set aside the above additions holding that tied-up grants will not constitute ..... income of the assessee. further, the tribunal also upheld the aforesaid decision of the cit(a) by observing that the assessee had received certain .....

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Aug 20 2015 (HC)

Shyam Sunder Nirankari Vs. Commissioner of Income-tax, Karnal

Court : Punjab and Haryana

Decided on : Aug-20-2015

..... 2014 (annexure p-8) passed by respondent no.1 under section 119(2)(b) of the income-tax act, 1961 (in short 'the act') rejecting the application for condonation of delay in filing the return of income for the assessment year 2009-10, resulting into rejection of his claim for refund of rs. 1 ..... illegally rejected the claim of the petitioner, despite various circulars and instructions issued by the cbdt under section 119(2)(b) of the act which provides that an income-tax authority, by general or special order, not being a deputy commissioner (appeals) or commissioner (appeals) may admit an application or claim for ..... that the present writ petition deserves dismissal being devoid of any merit, because, the petitioner could not prove any "genuine hardship" in submitting his income-tax return for the assessment year 2009-10 late by 30 months. 6. we have heard learned counsel for the parties. 7. the petitioner ..... any exemption, deduction, refund or any other relief under the act, after the expiry of the period specified by or under the act for making ..... central board of direct taxes (cbdt) instruction no. 13 of 2006 (annexure p-3), at the time of considering an application for condonation of delay in filing a claim for refund under section 119(2)(b) of the act, it is necessary to consider that the income declared and refund claimed .....

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Aug 10 2015 (HC)

Rana Polycot Ltd. Vs. Commissioner of Income-tax, Chandigarh

Court : Punjab and Haryana

Decided on : Aug-10-2015

..... by sub-section (2)(c)(iv) of section 35d of the income-tax act.' similarly, in cit v. mahindra ugine and steel co. ltd. [2001] 250 itr 84/[2002] 120 taxman 250 (bom.), autolite india ltd. v. cit [2003] 264 itr 117 (raj.), and cit v. ashok leyland ltd. [2012] 349 itr 663/23 ..... ajay kumar mittal, j. 1. the assessee has filed this appeal under section 260a of the income tax act, 1961 (in short, "the act") against the order dated 28.10.2013, annexure a.3 passed by the income tax appellate tribunal, chandigarh bench 'a', chandigarh (in short, "the tribunal") in ita no. 1386/chd/2010 ..... 500/-(v) disallowance under section 40(a)(ia)rs. 4,27,226/- aggrieved by the order, the assessee filed appeal before the commissioner of income tax (appeals) [cit(a)] who vide order dated 11.8.2010, annexure a.2 confirmed the same but allowed the issue of the disallowance of rs. 1 ..... paid by the assessee to the registrar for enhancement of capital. therefore, the said provision was rightly applied to the present case by the income- tax appellate tribunal. 10. under these provisions, deduction of expenditure incurred for registration is to be spread over a period of ten years and ..... for the assessment year 2006-07, claiming following substantial question of law: "whether in the facts and circumstances of the case the income tax .....

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