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7 results for “disallowance”+ Section 22clear

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Key Topics

Section 80I8Section 143(3)4Section 804Section 43D4Deduction4Section 139(1)3Exemption3Addition to Income3Section 260

Pr. COMMISSIONER OF INCOME TAX, SHIMLA vs. HP HOUSING AND URBAN DEVELOPMENT AUTHORITY (HIMUDA)

Appeal is dismissed

ITA/35/2019HC Himachal Pradesh22 Dec 2023

Bench: HONOURABLE THE CHIEF JUSTICE MAMIDANNA SATYA RATNA SRI RAMACHANDRA RAO,HON'BLE MS. JUSTICE JYOTSNA REWAL DUA

For Appellant: Ms. Vandana Kuthiala, AdvocateFor Respondent: Mr. Vishal Mohan, Senior Advocate, with
Section 139Section 139(1)Section 143(3)Section 250Section 80Section 80ASection 80I

22 (3) of the Act which were pari-materia to Sections 139(1) & 139(4).’ Hon’ble Apex Court held Court cannot read anything into a statutory provision which is plain and unambiguous. A statute is an edict of the Legislature. The language employed in the statute is determinative factor of legislative intent. Provisions of Section

2
Section 1392
Section 542

PR COMMISSIONER OF INCOME TAX vs. THE KANGRA CENTRAL COOPERATIVE BANK LTD

The appeals are dismissed

ITA/83/2018HC Himachal Pradesh07 Dec 2022

Bench: HON'BLE MRS. JUSTICE SABINA,HON'BLE MR. JUSTICE SUSHIL KUKREJA

Section 145Section 36Section 43D

disallowed under Section 43-B which, as stated above, was inserted with effect from April 1, 1984. It is also relevant to note that the first proviso which came into force with effect from 21 April 1, 1988 was not on the statute book when the assessments were made in the case of Allied Motors (P) Limited (supra). However

PR COMMISSIONER OF INCOME TAX vs. THE KANGRA CENTRAL COOPERATIVE BANK LTD

The appeals are dismissed

ITA/82/2018HC Himachal Pradesh07 Dec 2022

Bench: HON'BLE MRS. JUSTICE SABINA,HON'BLE MR. JUSTICE SUSHIL KUKREJA

Section 145Section 36Section 43D

disallowed under Section 43-B which, as stated above, was inserted with effect from April 1, 1984. It is also relevant to note that the first proviso which came into force with effect from 21 April 1, 1988 was not on the statute book when the assessments were made in the case of Allied Motors (P) Limited (supra). However

PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S SURYA TEXTECH THROUGH ITS PARTNERS

ITA/18/2021HC Himachal Pradesh05 Oct 2021

Bench: Hon’Ble Mr. Justice Tarlok Singh Chauhan & Hon’Ble Ms. Justice Jyotsna Rewal Dua Income Tax Appeal No.18 Of 2021 Between:- Pr. Commissioner Of Income Tax-1, Aaykar Bhawan, Sector 17-E, Chandigarh. ..….Appellant. (By Sh. Vinay Kuthiala, Senior Advocate With Sh. Diwan Singh Negi, Advocate) & M/S Surya Textech, Vill-Rampur Jattan, P.O. Kala Amb, Nahan, Distt. Sirmour, (H.P) Through Its Partners Sh. Vikas Kansal. ......Respondent. This Appeal Coming On For Admission Before Notice This Day, Hon’Ble Mr. Justice Tarlok Singh Chauhan, Delivered The Following:- J U D G M E N T By Way Of Instant Appeal, The Appellant- Department Seeks To Assail The Order Dated 28.05.2020

Section 143Section 147Section 80I

22,83,721/- under Section 80IC of the Income Tax Act, 1961 (for short ‘the Act’). The case of assessee was selected for scrutiny and accordingly, vide order dated 27.03.2015 assessment under Section 143 (3) of the Act was completed. Subsequently, assessment was also framed under Section 143 (3) read with Section 147 of the Act vide order dated

PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S HYCRON ELECTRONICS THROUGH ITS PROPRIETOR

ITA/12/2021HC Himachal Pradesh20 Sept 2021

Bench: Hon’Ble Mr. Justice Tarlok Singh Chauhan & Hon’Ble Mr. Justice Satyen Vaidya.

Section 143(3)Section 14ASection 154

22,04,600/- in purchase of shares and mutual funds, income arising as dividend/interest was not taxable under Section 14A of the Act. It was accordingly opined that interest to the tune of Rs. 15,91,976/- was liable to be disallowed

H.P.STATE CIVIL SUPPLIES CORPORATION vs. ASSTT.COMMISSIONER OF INCOME TAX

ITA/56/2008HC Himachal Pradesh31 Dec 2024

Bench: HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN,HON'BLE MR. JUSTICE SATYEN VAIDYA

Section 260Section 37Section 37(1)

disallowing the deduction of Rs. 45,00,000/-, the CIT(A)recorded the following reasons:- a) As; there was no specific provision under Section 36 of the Act relating to contribution to leave encashment fund, the amount of Rs. 45,00,000/- paid into the said fund by the assessee had no statutory recognition. b) There was no ascertained liability

PR COMMISSIONER OF INCOME TAX vs. KESHAV DUTT SHREEDHAR

ITA/11/2020HC Himachal Pradesh27 Dec 2021

Bench: Hon’Ble Ms. Justice Sabina & Hon’Ble Mr. Justice Satyen Vaidya Income Tax Appeal No. 11 Of 2020 Between:- Pr. Commissioner Of Income Tax, Shimla. ….Appellant (By Sh. Vinay Kuthiala, Senior Advocate With Ms. Vandana Kuthiala, Advocate)

Section 143(3)Section 260Section 54

disallowed and total income was assessed at Rs.2,05,36,949/-. The Assessing Officer held that the assessee had neither invested sale proceeds of the asset in new residential house nor he had deposited the capital gains to the capital gain account within the stipulated period. 5. Respondent assailed the above referred order of Assessing Officer before CIT(A), Shimla