Period of holding of flat to be counted from date of allotment letter and not from date of possession

0 comments Friday, November 14, 2014
Law Point settled: Period of holding of a flat for the purpose of calculating capital gains, is to be reckoned from the date of allotment letter and not from the date of possession
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Punjab & Haryana High Court stays passing of final orders in assessment cases of year 06-07, 07-08 and 08-09

0 comments Tuesday, November 11, 2014
Punjab & Haryana High Court has stayed the passing of final orders in assessment cases of years 2006-07, 2007-08 and 2008-09 under Punjab VAT Act, 2005 in the case of M/s ABC Ltd vs State of Punjab. The said company had challenged the vires of the amendment in section 29 of Punjab VAT Act, 2005 whereby the limitation period of all the assessment cases including that of 2006-07, 2007-08 and 2008-09 was extended from three years to six years. For the assessment of year 2006-07 the time limit was extended till 20th November, 2014.
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Amendment in assessment under Punjab VAT Act, 2005

0 comments Sunday, November 9, 2014
Now a days It is seen that the Excise and Taxation Department, Punjab has started issuing notices for amendment in assessment in many cases. These notices are being issued ussualy on the basis of audit objections received from State CAG or sometimes on the ground that some of the law points were  misinterpreted by the predecessor of the assessing officer, while framing original assessment. 
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Due date of Efling of Punjab VAT returns of Q2 of year 2014-15 extended to 03.11.2014

0 comments Thursday, October 30, 2014
Public Notice

Kind Attention: Dealers/Lawyers/Chartered Accountants/Other Stakeholders

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Dealer cannot be denied benefit due to cancellation of R.C. of other dealer, unless the same is published in official gazette

0 comments Sunday, October 19, 2014
Punjab & Haryana High Court in an older case namely Arjan Radio House vs Assessing Authority had held that a person's registration certificate shall be deemed to have been cancelled w.e.f date of publication of the factum of cancellation in the official Gazette as a busy seller cannot be supposed to know whether the registration certificate of a purchasing dealer has been cancelled or not unless he can be fixed with the knowledge of this fact.
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Justice A. N. Jindal to be next Chairman of Punjab VAT Tribunal-long wait is over

0 comments Wednesday, October 15, 2014
Justice AN Jindal (retd), who had given a clean chit to Shiromani Akali Dal minister Sikandar Singh Maluka in the alleged multi-crore scam of government school books, is set to become the chairman of Punjab Value Added Tax (VAT) Tribunal.
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Supreme Court clarifies general principles concerning retrospectivity in laws

0 comments Sunday, October 5, 2014
The Hon'ble Supreme Court has very well explained general rules relating to retrospective laws in a recent landmark case namely CIT vs Vatika Township (P) Ltd. Civil Appeal No. 1160 of 2007 dt. 15.09.2014. In this case the primary issue was whether section 113 of Income Tax Act, 1961, which levied surcharge on tax assessed in block assessments, is retrospective in nature or not.
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No penalty can be levied merely on the basis of provisional assessment

0 comments Friday, October 3, 2014
Rajasthan High Court in a very important case namely ACTO vs Jain Hardware Stores has held that no penalty can be levied in the provisional assessment as for leving penalty definite findings and conclusions and many things have to be proved, therefore penalty cannot be levied merely on the basis of provisional assessment.
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Representation prepared on behalf of Jalandhar Sales Tax Bar on the issue of retention of ITC on closing stock

0 comments Sunday, September 28, 2014
I along with the President of Jalandhar Taxation Bar  have prepared and written a representation on behalf of Jalandhar Taxation Bar submitted to AETC, Jalandhar II, DETC, Jalandhar Division, ETC, Punjab and Additional ETC, Punjab. This representation is mainly on the issue of retention of ITC on closing stock in case of exporters by the Designated Officers at Jalandhar relying upon section 18(2) of Punjab VAT Act, 2005.
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CAs/CSs are not capable of arguing/ deciding Substantial Questions Of Law

0 comments Thursday, September 25, 2014
The Full Bench of the Supreme Court had to consider whether the National Tax Tribunals Act, 2005, which sought to take away the jurisdiction of the High Courts in tax matters was constitutional. The Full Bench has struck down the entire Act as being unconstitutional on the ground that though “tribunalization” has been allowed subject to safeguards, the NTT Act “crosses the boundary” and “encroaches the exclusive domain” of the High Courts. 
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Paper Board notified for the purpose of E-ICC and E-Trip-some interesting analysis

0 comments Friday, September 12, 2014
The Punjab Excise and Taxation Department has notified Paper Board sold by manufacturers in the State of Punjab for the purpose of E-ICC and E-TRIP under Rule 64-A and Rule 64-B of Punjab VAT Rules, 2005.
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Punjab monthly VAT return Form 16 can now be filed online

0 comments Wednesday, September 10, 2014
The Punjab Excise and Taxation Department has issued a public notice, stating the filing of the monthly return of VAT-16, with effect from September 1, can be done online.
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No reversal of ITC on closing stock of iron and steel goods is warranted under rule 21(8) of Punjab VAT Rules.

0 comments Wednesday, August 27, 2014
Recently while filing the fourth quarter return of year 2013-14, the Excise and Taxation Department, Punjab asked for the closing stock of Iron and steel goods lying in stock of dealers as on 29.01.2014 for the purpose of making reversal on such stock at the rate of 2.20% of the available Input tax credit on such closing stock. The reason for such action was the newly added rule 21(8) in Punjab VAT Rules, 2005, which was introduced w.e.f. 01.02.2014.
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Allahabad High Court Bars Non-Advocates From VAT Practice

0 comments Saturday, August 9, 2014
The Tax Lawyers Association filed a Writ Petition claiming that Rule 73 read with Rule 79(2)(f) of the U.P. Value Added Tax Rules 2008 which permits outsiders to practice in the field of Law before the VAT Authorities under the VAT Act is ultra vires section 33 of the Advocates Act 1961 which provides that only Advocates are entitled to practice before any Court or authority.
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Deputy CM orders withdrawal of amendment in first proviso to section 13(1) of PVAT Act, 2005

0 comments Tuesday, July 29, 2014
Punjab deputy chief minister Sukhbir Singh Badal on Tuesday ordered withdrawal of the amendment made in the first proviso to section 13 (1) of the Punjab VAT Act, 2005 for availing input tax credit and asked the excise and taxation department to draft an ordinance in this regard and present it for approval in the next meeting of the state cabinet.
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Reasoned orders and principle of fairness in administrative actions-a need of the hour

0 comments Monday, July 28, 2014
It is the general tendency of the adminstrative authorities more so of the tax authorities to pass non-speaking orders or to pass orders in violation of principle of fairness and rules of natural justice, without giving any opportunity of being heard to the effected person. The authorities in many case pass orders in gross violation of rules of natural justice.
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Capital asset can be deemed to be transferred by mere agreement to sell for the purpose of exemption u/s 54

0 comments Sunday, July 27, 2014
Where assessee having executed an agreement to sell in respect of a house property, purchased a new residential property within one year from date of agreement to sell, in view of fact that subsequently sale deed could not be executed within prescribed time for reason that assessee had been prevented from dealing with said residential house by an order of a competent court, a valid 'transfer' took place within meaning of section 2(47) by executing agreement to sell and, consequently, relief under section 54 was to be granted to assessee in respect of purchase of new residential property.
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Inncorrect or erroneous claim under VAT does not attract penalty proceedings

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Madhya Pradesh High Court in Super Traders v Additional Commissioner of Commercial Taxes has held that incorrect or erroneous claim not sustainable under VAT law would not make a case of concealment of taxable item, therefore penalty is not leviable in such case.
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Changes made by Finance (No. 2) Bill, 2014 as passed by the Lok Sabha

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1. Unlisted securities and units of MF transferred between 1-4-2014 and 10-7-2014 shall be deemed to be long-term capital assets, if held for more than 12 months:
It is proposed that unlisted shares and units of a mutual fund (other than Equity oriented mutual fund) shall be categorized as long-term capital assets only if they are held for more than 36 months. The existing provision requires holding them for a period of more than 12 months so as to categorize them as long-term capital assets.
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Interest on loan taken against FDRs held allowable as it was incurred exclusively to keep intact income from FDRs

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IT: In order to protect interest earnings from fixed deposits and to meet her financial needs, when an assessee raises a loan against the fixed deposits, so as to keep the source of earning intact, the expenditure so incurred in wholly and exclusively to earn fixed deposit interest income has to be allowed as deduction
IT: Once the assessee claims that the actual market value of the land or building is less than stamp duty valuation adopted by the authorities, it is incumbent upon the Assessing Officer to refer the valuation of said land of building to the Departmental Valuation Officer
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