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Violation of principle of Natural Justice: Calcutta High Court Sets Aside Tax Order

September 10, 2023 7383 Views 0 comment Print

An in-depth analysis of the Calcutta High Court’s decision in Anuj Bakshi Vs ACIT. The court set aside an Income Tax order due to violations of Natural Justice principles.

HC Directs AO to Address Tax Challan updation Delays

September 10, 2023 939 Views 0 comment Print

The case of Dinesh Kumar Goyal vs ITO brought before the Calcutta High Court revolves around the non-consideration of repeated representations made for updating challans against outstanding taxes. 

CIT(A) cannot remand a matter back for fresh assessment after deciding in favor of assessee

September 10, 2023 5637 Views 0 comment Print

Unpacking the landmark case of Arun Kumar Bose vs ITO in the Calcutta High Court. Did the CIT(A) exceed its statutory powers under Section 251(1)(a)?

Calcutta HC Quashes Section 154 Tax Notice Issued to Deceased

August 15, 2023 723 Views 0 comment Print

Calcutta High Court quashes an Income Tax assessment notice under Section 154 issued against a deceased person, leaving the door open for lawful reissue.

Calcutta High Court Verdict on Club Income Taxation & Principle of Mutuality

July 11, 2023 1278 Views 0 comment Print

Detailed review and analysis of the landmark judgment – Saturday Club Ltd Vs PCIT by Calcutta High Court concerning club income taxation and the principle of mutuality.

Validity of Second notice issued under Section 148 of Income Tax Act without disposing return filed to first notice

January 16, 2023 8010 Views 0 comment Print

A short question of law involved in this writ petition is that whether a second notice under Section 148 of the Income Tax Act, 1961 issued by the assessing officer after the expiry of one year as per Section 153(6)(i) is valid without disposing the return filed to the first notice issued under Section 148 of the Income Tax Act for the very same assessment year.

PCIT cannot invoke revisionary jurisdiction if AO conducted proper enquiry

January 4, 2023 975 Views 0 comment Print

It is not a case of lack of enquiry or lack of proper enquiry. The PCIT does not in as many words states that there was lack of enquiry or lack of proper enquiry and all that is said is that the assessing officer did not verify these aspects which is factually incorrect. Therefore, it is not a case where the PCIT could have invoked his jurisdiction under Section 263 of the Act.

AO has taken view on a debatable issue after due enquiries- Section 263 cannot be invoked

August 29, 2022 1560 Views 0 comment Print

PCIT Vs Britannia Industries Limited (Calcutta High Court) The short issue involved in this case is whether the Commissioner could have invoked his power under Section 263 of the Act on the ground that the Assessing Officer did not conduct proper enquiry. We need not labour much to decide this issue as the learned Tribunal […]

Notices issued to wrong Email address – HC set-aside Assessment order

August 29, 2022 3339 Views 0 comment Print

Due to technical fault in Income Tax portal notices were issued to a different e-mail address & same cannot be treated as service of Notice

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