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Division Bench of Calcutta HC restored the Appeal though there was delay considering the facts

April 28, 2023 1086 Views 0 comment Print

SSB Petro Products & Ors Vs Assistant Commissioner (Calcutta High Court) Hon’ble Division Bench of Calcutta High Court on 21.04.2023 passed the order and restored the appeal considering the facts and circumstances of the case. The Respondent no.1 issued notice in DRC-01A through email and the petitioner submitted reply through email and thereafter 1st Respondent […]

Deduction u/s 80P allowable only if claimed via valid return

April 28, 2023 4029 Views 0 comment Print

Kerala High Court held that deduction under section 80P of the Income Tax Act is allowable only if the same is claimed via a valid return.

Address to deliver Income Tax notice in case of person in judicial custody

April 28, 2023 1653 Views 0 comment Print

PCIT Vs Narayan Kumar Khaitan (Orissa High Court) Case Law on Service of notice required through Superintendent of Jail if assessee is in judicial custody. A search and seizure operation under section 132 was conducted on SM and group wherein certain incriminating documents were found. Subsequently, assessment in case of assessee was completed under section […]

Calcutta HC order on inordinate delay to approach writ court

April 28, 2023 981 Views 0 comment Print

The Calcutta high court in this case was dealing with challenge to declaration of the petitioner herein as a wilful defaulter vide order passed in October,2018 when the counsel for the bank challenged maintainability on the ground of delay. The bank argued that the immediate cause of the writ was the lookout circular which was issued against the petitioner whereupon the petitioner was not allowed to travel abroad.

C Forms benefit cannot be denied on the ground of subsequent cancellation

April 28, 2023 1293 Views 0 comment Print

Cancellation of C Forms at a subsequent date would have a disruptive effect on the stream of commercial transactions, which is impermissible.

Reassessment based on conjectures & surmises without any Tangible material is invalid

April 28, 2023 1497 Views 0 comment Print

Authority admits that there has to be some material on record on basis of which, A.O. would form a bonafide belief that income of assessee had escaped assessment

No interest on ITC wrongly availed but not utilised

April 28, 2023 6624 Views 0 comment Print

When ITC has been wrongly availed and utilized with a revenue impact, that interest liability is attracted. Making it clear that it is only in situations where there is a revenue impact that interest will become chargeable.

Order not erroneous if AO followed decision of High Court holding the field

April 28, 2023 966 Views 0 comment Print

PCIT Vs SPPL Property Management Pvt. Ltd. (Calcutta High Court) Tribunal concluded that on both these issues, namely with regard to the provisions for doubtful debts and air-conditioner expenses, the assessing officer had conducted a detailed enquiry and thereafter completed the assessment. Secondly, it was held that the PCIT had erred in invoking the revisional […]

HC stays Penalty and Interest under GST as GSTAT not constituted

April 27, 2023 1281 Views 0 comment Print

HC held that Since the petitioner wants to avail the remedy under the provisions of law by approaching GST  appellate tribunal, which has not yet been constituted, the amount of penalty and interest demanded by authority shall remain stayed during pendency of the writ petition subject to the Petitioner depositing the entire amount of tax demanded.

Prior period expenditure can be claimed in the year in which liability crystallises

April 27, 2023 7965 Views 0 comment Print

PCIT Vs Balmer Lawrie and Company Limited (Calcutta High Court) The tribunal after taking note of the factual position noted that the CIT(A) has taken specific note of the fact that the expenses claimed by the assessee as prior period, the liability to pay had crystallized during the relevant previous year and therefore the claim […]

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