Court : Punjab and Haryana
..... has erred in treating chargeability of payments made to doctors who are regular employees of the hospital as per the provisions of section 194j of the income tax act, 1961 instead of section 192 of the income tax act, 1961? (ii) whether on the facts and in the circumstances of the case, the learned itat is right in law in holding that ..... there does not exist an employer/employee relationship between the doctors and the hospital and the assessee is not liable to make deduction of tax at source under section 192 of the income tax act? (iii) whether on the facts and in the circumstances of the case, the findings recorded by the learned itat are perverse and contrary ..... . 142 of 2013. 2. ita no. 142 of 2013 has been preferred by the revenue under section 260a of the income tax act, 1961 (in short, "the act") against the order dated 16.10.2012, annexure a.3 passed by the income tax appellate tribunal, chandigarh bench 'a, chandigarh (in short, "the tribunal") in ita no. 731/chd/2012 for the .....
Tag this Judgment!Court : Punjab and Haryana
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: "i. whether ..... government and 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 .....
Tag this Judgment!Court : Punjab and Haryana
..... ita no. 114 of 2015 3. this appeal has been preferred by the assessee-appellant under section 260a of the income-tax act, 1961 (in short, "the act") against the order dated 28.4.2014, annexure a.6 passed by the income tax appellate tribunal, chandigarh bench (in short, "the tribunal") in ita no. 179/chd/2013 for the assessment year ..... 2006-07, claiming following substantial questions of law: "(i) whether in the facts and circumstances of the case, the income tax appellate tribunal was ..... (1) and sub-sections (6) and (7) of section 23a, sub-section (5) of section 24, section 34aa, section 35 and section 37 of the wealth-tax act, 1957 (27 of 1957), shall, with necessary modifications, apply in relation to such reference as they apply in relation to a reference made by the assessing officer under sub .....
Tag this Judgment!Court : Punjab and Haryana
..... dated 31.12.2014 (annexure p11) passed by the chief commissioner of income tax, haryana vide which the application of the petitioners for registration as a "valuer of immovable property" under section 34ab of the wealth tax act, 1957 (hereinafter referred to as "the act") was rejected. liberty was given to resubmit the application as and when ..... for registration as valuers of different classes of asset shall be as specified in sub-rules (2) to (11). (2) a valuer of immovable property (other than agricultural lands, plantations, forests, mines and quarries) shall have the following qualifications, namely : (i) he must (a) be a graduate in civil engineering, architecture or town ..... was well within his right to rectify its mistake and the same could not be allowed to be perpetuated. reference was made to section 34ab of the act, which provides registration of valuers and rule 8a(2)(i) of the rules, which pertains to the qualifications. accordingly, it was pleaded that the erroneous .....
Tag this Judgment!Court : Punjab and Haryana
..... above discussion, we are of the view that learned revenue authorities have erred in holding that assessee is not entitled for exemption under section 54f(1) of the income tax act, 1961 for a sum of rs. 121,32,636/-. the investment of the assessee is more than the capital gain earned by him. therefore, we allow ..... and 54f, long term capital gains arising from the transfer of any immovable property used for residence, land used for agricultural purposes, compulsory acquisition of lands and buildings and other capital assets are exempt from income tax if such gains are reinvested in new assets within the time allowed for the purpose. the original assessment needs rectification ..... in anandraj's case (supra), the relevant conclusion recorded by karnataka high court read thus: "6. it is not in dispute that the assessee sold the agricultural land and the consideration received is in the nature of a long term capital gain. even before the sale of the property, he had borrowed housing loan and .....
Tag this Judgment!Court : Punjab and Haryana
..... is deemed to all the partners as per the provisions of section 24 of 1932 act. had rajiv kumar gupta not received the earnest money, the same would have rendered the agreement to sell as null and void, but on hearing the news of income tax raid on the premises of susham singla, for the first time, rajiv kumar gupta ..... , under the fear of income tax department, in the written statement filed on 3.10.2006, before the objecting court, denied the receipt of earnest ..... supreme court 666; and (c) ram behari mehrotra and another v. m/s. smarts pvt. ltd. and others, air 1973 delhi 133. objections under section 16 of arbitration act (i) national agricultural coop. marketing federation india ltd. v. gains trading ltd., (2007) 5 supreme court cases 692; (ii) gas authority of india ltd. and another v. keti construction (i .....
Tag this Judgment!Court : Punjab and Haryana
..... this court in somany pilkingtons ltd., naraina industrial area, phase i, new delhi v. commissioner of income tax (haryana), rohtak, itr nos. 40 and 41 of 1991, decided on december 3, 2004, examined the provisions of section 254(2a) of the income tax act, 1961, which contemplated that the appellate tribunal may hear and decide the appeal within a period of ..... mandatory - shiveshwar prasad sinha v. district magistrate of monghyr, air 1966 pat 144, nomita chowdhry v. state of west bengal [1999] 2 cal lj 21, garbari union coop. agricultural credits society ltd. v. swapan kumar jana [1997] 1 chn 189 and p. t. rajan v. t.p.m. sahir, air 2003 sc 4603. the language of sub- ..... 498 (pandh), in which one of us (hemant gupta, j.) was a member, considered the provisions of section 14b(7)(ii) and (iii) of punjab general sales tax act, 1948 providing that the proceedings shall be decided within a period of 14 days. the court held that such provision is more by way of procedure to achieve the object .....
Tag this Judgment!Court : Punjab and Haryana
..... been in continuous occupation of the premises. he has been regularly paying electricity charges. in proof of his occupation of the premises, petitioner no.1 has annexed the income tax returns for the assessment years 2011- 12 to 2015-16. he has also annexed the copy of the licence issued by the market committee, kanina to m/s ..... shall be jointly and severally liable. (8) any one of the following documents shall be considered as acceptable proof of ownership or occupancy of premises: a) in case of agriculture supply connection: a copy of khasra girdawari / jamabandi in the name of the applicant. b) for all other connections: (i) copy of sale deed / allotment letter or ..... to 30.4.1989 was issued by vishwakarma samaj bhavan. the firm m/s sheonarain sanjay kumar was registered under the central sales tax act. the firm was also registered under the haryana value added tax act (for short 'the act') w.e.f. 01.04.2003 (annexure p-4). after the death of the father of petitioner no.1 in november .....
Tag this Judgment!