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Appeal not heard for 3 Years – Calcutta HC directs CIT(A) to decide within 4 months

January 26, 2023 1584 Views 0 comment Print

Rupahali Sarees Private Limited Vs Union of India (Calcutta High Court) Sub-The petition in this case filed to challenge inaction on part of CIT (Appeals) in deciding the appeal against order u/s 263 which was filed on 27-1-2020 even though almost 3 years had passed. Petitioner submits that in spite of repeated remainders though almost […]

Calcutta HC on appointment & responsibility of additional director

January 25, 2023 3636 Views 0 comment Print

Surendra Kumar Singhi Vs Registrar of Companies, West Bengal & Anr (Calcutta High Court) Sub- What is the criteria for determining whether the director is an additional director or independent director? Also whether an additional director is liable for prosecution regarding the non reporting of fullest information and explanation in the Board’s report on comments […]

Whether reassessment proceedings initiated for AY 2015-16 relying on TOLA and Instruction issued by CBDT is bared by limitation?

January 18, 2023 3444 Views 0 comment Print

Dilip Bhikhalal Desai Vs DCIT (Calcutta High Court) Justice Shekhar B Saraf in this order was dealing with challenge to the order u/s 148A(d) and Notice u/s 148 dated 29th July,2022 which was passed by the AO for the AY 2015-16 admittedly relying on the Instruction No 01/2022 dated 11th May, 2022 and Appellant argued […]

SC order whether ADP can be said to be portable or not so as to attract a particular entry for levy of customs duty

January 18, 2023 1554 Views 0 comment Print

An interesting question arose in this case where the Appellant and Lenovo contended that the ADP imported by it was classifiable under the entry 84715000 as against the department’s classification under the entry 84713010 since they could not be said to be portable.

‘Old Indian Settlers’ cannot be excluded From Definition of Sikkimese In Section 10(26AAA) of Income Tax Act: SC

January 14, 2023 2340 Views 0 comment Print

SC ruling on Whether settled Indian citizens in Sikkim before it became an Indian State w.e.f 26-04-1975 are eligible for exemption u/s 10(26AAA) of Income-tax Act,1961

Special road tax is Regulatory tax and not penalty: SC

January 14, 2023 6306 Views 0 comment Print

Whether special road tax charged by State of Himachal Pradesh for motor vehicles violating rules is in the nature of penalty and thus against competence of State under Constitution of India?

SC ruling on meaning of diversification for exemption under UP Trade tax act

January 11, 2023 882 Views 0 comment Print

Supreme Court of India in this case was considering the meaning of the term diversification when the appellant in this case set up machinery for manufacture of Double LIP DRY BLEND CROWN CORK as against SPUN LINE CROWN CORK which was being manufactured earlier and contended that it was diversification to be eligible for exemption.

Central excise cannot move against legal heirs of a deceased person to recover penalty

January 10, 2023 5394 Views 0 comment Print

Commissioner of CGST And Central Excise Vs Ashirwad Foundries Private Limited And Anr (Calcutta High Court) Whether central excise can move against legal heirs of a deceased person to recover the penalty imposed under  Act. The Division bench of Calcutta High Court in this case was dealing with an important matter where the Department filed […]

ITAT adopted findings of CIT(A) as its own – HC held order is without application of mind

January 9, 2023 1092 Views 0 comment Print

Calcutta HC order in on how an order should not be drafted where Tribunal adopted finding of CIT(A) verbatim as its own findings

Grounds on which transfer of Income Tax assessment records/jurisdiction can be challenged

January 7, 2023 3405 Views 0 comment Print

Kamal Nath Vs PCIT (Calcutta High Court) What are the grounds on which transfer of assessment records/jurisdiction can be challenged u/s 127 of the Income-tax Act, 1961? In this high profile case relating to ex-chief minister of Madhya Pradesh, when Dr A M Singhvi along with Mr JP Khaitan represented the petitioner before Hon’ble Justice […]

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