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2016 (1) TMI 224 - PUNJAB AND HARYANA HIGH COURT

2016 (1) TMI 224 - PUNJAB AND HARYANA HIGH COURT - TMI - Entitlement to deduction under Section 80HHC - late filing of audit report - Held that:- The issue stands concluded against the revenue by the decision of this Court in Punjab Financial Corporation's case (2001 (12) TMI 50 - PUNJAB AND HARYANA High Court ) holding that the requirement of filing the duly audited report alongwith the return cannot be treated as mandatory and the assessee cannot be deprived of the benefit of deduction if the .....

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oyees - expenditure on food or beverages provided by the assessee to its employees in office, factory or other place of their work - whether is business expenditure and is an allowable deduction and not covered under the head entertainment expenses as held by ITAT - Held that:- Perusal of the order passed by the Tribunal shows that in the earlier years, it had allowed deduction to the extent of 50% only in respect of such expenses as the assessee had not maintained separate details of the expend .....

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ocate with Mr. Madhur Sharma, Advocate Ramendra Jain, J. 1. This appeal has been filed by the revenue under Section 260A of the Income Tax Act, 1961 (in short, the Act ) against the order dated 27.7.2000, Annexure-A2 passed by the Income Tax Appellate Tribunal, Chandigarh Bench, Chandigarh in ITA No.838 and 850/Chandi/94 for the assessment year 1987-88, claiming following substantial questions of law:- i) Whether on the facts and circumstances of the case, the ITAT was right in holding that the .....

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reported in (1989) 180 ITR 81 supports the Assessing Officer's action? 2. While admitting this appeal, this court vide order dated 23.2.2004 had observed that since the order of the Tribunal was in conformity with the law laid down by the Full Bench of this Court in CIT vs. Punjab Financial Corporation, (2002) 254 ITR 6, question No.(ii) did not require any further consideration. Consequently, the appeal was admitted qua question No.(i) only. 3. A few facts relevant for the decision of the .....

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e Assessing Officer made an addition of ₹ 3,51,199/- vide order dated 5.2.1990, Annexure A.1, on account of disallowance of entertainment expenses as against an amount of ₹ 2,86,199/-. The assessee's claim for deduction under Section 80HHC of the Act was also disallowed on the ground that the assessee had failed to furnish the report of accountant in the prescribed form alongwith the return of income as required under sub section 4 of Section 80HHC of the Act. Aggrieved by the or .....

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fied, the assessee and the revenue both filed appeals before the Tribunal. Vide order dated 27.7.2000, Annexure A.3, the Tribunal partly allowed both the appeals. It allowed deduction of ₹ 65,000/- as expenditure incurred for employees relying on its own order in the case of the assessee for the earlier years. Similarly relying on the decision of this Court in CIT vs. Shahzedanand Charity Trust, (1997) 228 ITR 292, the Tribunal confirmed the order of the CIT(A) regarding deduction under Se .....

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