Court : Punjab and Haryana
Reported in : (2007)210CTR(P& H)78
..... machinery was being used or from any sister-concern. in such a situation, the case of the assessee would be covered by section 80j(1a)(ii)(ii) of the act. even otherwise, this interpretation has been supported by the view taken by a division bench of the andhra pradesh high court in the case of electronic corporation of india ( ..... of the provision made in the year 1968 appears to be to encourage the industrialisation in the country by extending them various incentives. section 80j(1a)(ii) of the act would reveal that aggregate amount representing the value of the assets as on the first day of the computation period of undertaking is to be ascertained. in case of assets ..... learned counsel for the parties at length and with their able assistance have perused the record.6. it would be appropriate to make a reference to section 80j of the act, as it stood on the relevant day and the relevant extract thereof reads as under:80j. (1) where the gross total income of an assessee includes any profits .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2008]296ITR471(P& H)
..... by the tribunal in assessee's own case for assessment year 1994-95 in it appeal no. 1050/chandi/1996 and it has been held that after c amendment in section 80hhc, the interest income to be reduced from the profits and gains of the business is to the extent of 90 per cent of the receipts. ..... from businessor profession, there is no reason for reducing the same out of the incomefrom business or profession for the purpose of calculation of deductionunder section 80hhc of the act, as after including the same in the income pfrom business or profession, the reduction, as envisaged under thatprovision, would be carried out. this is clear even ..... and profession. aggrieved against treating the income from interest under the head 'income from other sources' for the purpose of computation of deduction under section 80hhc of the act, the assessee preferred an appeal praying for the addition of this income under the head 'income of business and profession' and for recomputation of deduction. the claim to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2007)213CTR(P& H)174
..... have been wrongly made and the ito may recompute the total income of the assessee for the previous year in which such liability was incurred and make the necessary amendment, and the provisions of section 154 shall, so far as may be, apply thereto, the period of four years specified in sub-section (7) of that ..... payments not deductible in certain circumstances.-(1) the provisions of this section shall have effect notwithstanding anything to the contrary contained in any other provision of this act relating to the computation of income under the head profits and gains of business or profession.'(3) where the assessee incurs any expenditure in respect of which payment ..... been made on one day in small instalments and each instalment/payment has to be treated as an independent cash transaction, therefore, section 40a(3) of the act could not be applied because in no transaction one individual cash payment has exceeded rs. 2,500. the appellate authority took the view that clubbing of several cash .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2007)213CTR(P& H)83
..... such building shall not be added for computation of the capital employed. in fact, this proviso was added consequently with the amendment of clause (ii) of sub-section (4) where the word 'building' was deleted. expln. 1 provides that any machinery or plant used by any person other ..... not be taken into consideration for computing capital employed to determine the deduction admissible under this section.18. from a comprehensive reading of section 80j of the act, in our opinion, it is envisaged to provide deduction out of the gross total income derived from a newly established industrial undertaking by using the machinery ..... to the industrial undertakings using old building, plant and machinery is further evident from the provisos/explanations to sub-section (4) of section 80j of the act. second proviso thereto provides that where building or any part thereof which was not used prior to its transfer to the new industrial undertaking, the value of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)3PLR41
..... and from any poling station.10. however, it may be noticed that in the impugned order section 176(4)(aa) of the act was not reproduced. (amended provision was not noticed which seems that re production from old act). learned tribunal thereafter observed that the petitioner has given up all the grounds except one under section 4(b) to challenge the election ..... 2 also placed reliance on the judgment of division bench of this court in the case of lillu ram v. the additional civil judge (sr. dim.), gurgaon and ors. (2007-1)145 p.l.r. 480 to contend that once serious allegation against recount was made which was coupled with the news items/reports prima facie material existing for the ..... no benefit can be taken by the petitioner herein. in support of this contention, he made reference to the judgment of this court in case of kartara v. santosh devi (2007-1)145 p.l.r. 74 wherein by placing reliance on the judgment of the supreme court in the case of sohan lal v. babu ganam and ors. : air2003sc320 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2008P& H50; (2008)149PLR234
..... same manner as an arrear of land revenue. this provision was added in the year 1985 by the amendment act 43 of 1985. there is no reference either in section 32g of the act or any other section to the provisions of limitation act, which implies the intention of the legislature to exclude the application of the aforementioned statute. it is well ..... permission has been granted by this court to proceed against the petitioner in accordance with law, which has resulted in issuance of notice under section 32g of the act on 31.1.2007. hence, we do not find any legal infirmity in the procedure adopted by the respondent. 14. for the reasons aforementioned, this petition fails and the same ..... reliance on a division bench judgment of this court in the case of m/s sd processors v. haryana financial corporation (c.w.p. no. 6252 of 2007, decided on 17.8.2007) and argued that the period of limitation would commence from the date of taking over of possession. 7. another argument raised by mr. gupta is that .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)221CTR(P& H)479; [2008]300ITR440(P& H)
..... the intention of the legislature to empower the commissioner with the power of revision in respect of intimation, necessary changes in section 263 of the act by way of an amendment would have been made and/or the central board of direct taxes would have withdrawn the earlier circulars. he has emphasised that the position of ..... as it stood prior to april 1, 1989, the assessing officer had to pass an assessment order if he decided to accept the return, but under the amended provision, the requirement of passing of an assessment order has been dispensed with and instead an intimation is required to be sent. various circulars sent by the ..... case of assistant cit v. rajesh jhaveri stock brokers p. ltd. : [2007]291itr500(sc) . two expressions 'assessment' and 'intimation' have been interpreted by their lordships as used in section 143(1)(a) of the act. the aforementioned exposition of law has flowed from the amendment substituting the word 'intimation' for 'assessment' with effect from june 1, 1999 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)151PLR224
..... from the principal amount of compensation determined under section 23(1) towards costs, and then towards interest payable under either section 34 or section 28 or after amendment act came into force w.e.f. 24-9-1984, additional amount under section 23(1a). even in general principles of law, section 60 of the contract ..... by him and appropriated at that particular stage. the reliance on the doctrine of merger does not enable the decree-holder to get over the scheme adopted by the act. 51. prem nath kapur also indicates that when an award-decree is passed specifying the amounts under different heads like the amount under section 23(1), the ..... & ors. decided on february 1, 1995, this court did not interfere with the order passed by the tribunal granting relief under section 23(2) of the land acquisition act. having regard to the said order, this special leave petition is dismissed'.7. after the dismissal of special leave petition of the petitioner, the respondents filed execution petition before .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)149PLR732
..... the provisions of rule 9 of the high court establishment (appointment and service) rules, 1973 (hereinafter to be referred as 'the rules'). the syllabus of the competitive examination consists of written paper carrying 100 marks; practical test (oral) regarding familiarity with records of the high court and lower courts and registers maintained in the ..... justice found that the rules provide for excessive marks in the oral examination and, therefore, such marks are required to be curtailed down. such rule was amended and the amendment was notified on 31.05.2004. it was thereafter the petitioners were called for oral examination in month of november, 2004. during the integrum period, ..... 795. learned counsel for the petitioners also relied upon shankarsan dash v. union of india : (1992)iillj18sc to contend that the respondents have no licence of acting in an arbitrary manner. the decision not to fill up the vacancies has to be taken bona fide for appropriate reasons.5. on the other hand, learned .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)214CTR(P& H)561; [2008]300ITR186(P& H)
..... 43(1), as reported in (2003) 260 itr 139 and (1986) 158 itr 88, respectively, are extracted below:clause 15 seeks to amend section 36 of the income- tax act relating to certain other deductions allowed under that act.under the existing provision contained in clause (iii) of sub-section (1) of the said section, deduction of interest is allowed in ..... further submitted that in fact the position has been made clear by the legislature itself by adding proviso to section 36(1)(iii) of the act which takes care of such a situation and the amendment is w.e.f. april 1, 2004. this clearly means that for the period prior thereto, the position is different. the assessment year ..... but in our opinion the same is merely clarificatory as it has made explicit what was already implicit.24. a reading of memorandum explaining the amendment to section 43(1) of the act by way of insertion of explanation 8 thereto clearly shows that the same was carried out with the object to curb tax avoidance by the assessees .....
Tag this Judgment!