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Tuesday 22 December 2015

SC in Goetze India had held that although AO can not accept the claim of the assessee except through return or revised return but in the same decision, the hon'ble apex court made it clear that this did not impinge on the power of the Tribunal. The above position of law revisited by ITAT Delhi in Micron Instruments[2015] 63 taxmann.com 180 (Del Trib) and claim of CLU charges paid along with interest in instalment by factory already working for last 30 years allowed as revenue expenditure although claim made only by simple letter during assessment


Held By ITAT Chandigarh in Smart Value Product & Services Ltd ITA 685/2014 dtd 28-10-2015 that addition made by AO for negative stock by preparing monthly trading account is not sustainable. Similar decision has been given by ITAT Chandigarh in M/s Saqi Brothers V ITO ITA No. 279/Chd/1990 which has been confirmed by Hon’ble Punjab & Haryana High Court vide judgment ITR No. 70 of 1998 dated 31.10.2006


The assessee is an AOP but department wrongly issued PAN as Firm. Held by Gujrat High Court in Tulsi Mall AOP Vs CIT 2015 (12) TMI 1077 that Merely because PAN was issued by the Department erroneously, there cannot be any insistence that return should be filed in the same capacity


Punjab and Haryana High Court on deduction to LIC Employees u/s 10(14)

I.T.A. NO. 645 OF 2005 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
I.T.A. NO. 645 OF 2005
DATE OF DECISION: 21.04.2006
THE COMMISSIONER OF INCOME TAX, PATIALA
....APPELLANT
VERSUS
BRANCH MANAGER, LIC OF INDIA, SANGRUR (PUNJAB) ....RESPONDENT
CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL
HON'BLE MR. JUSTICE RAJESH BINDAL
PRESENT: DR. N.L. SHARDA, ADVOCATE
FOR THE APPELLANT-REVENUE.