Calcutta High Court

Deduction U/s. 80IB not allowable on non filing of Return within prescribed time U/s. 139(1)

Suolificio Linea Italia (India) (P) Ltd. Vs JCIT (Calcutta High Court)

Suolificio Linea Italia (India) (P) Ltd. Vs JCIT (Calcutta High Court) Conclusion: Deduction under section 80-IB was not allowable in case assessee did not file its return of income for relevant assessment year within period prescribed under section 139(1) as per the condition imposed by section 80AC. Held: When the governing provision i....

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Assessment cannot be completed on the basis of past Incident

CIT Vs Sahara India Mutual Benefit Co. (Calcutta High Court)

Sahara India Mutual Benefit Co. Ltd appeal: The income tax department cannot presume something to have happened five years ago, it did not mean that assessee indulged in similar activity in the previous year...

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Service Tax Audit is Primafacie Permissible even under GST Regime

M/s. Gitanjali Vacationville Private Limited & anr. Vs Union of India (Calcutta High Court)

M/s. Gitanjali Vacationville Private Limited & anr. Vs The Union of India & anr. (Calcutta High Court) Audit under Service Tax can continue post GST Section 174 is the repeal and saving provisions. Sub-Section 1 of Section 174 repeals the provisions of the various statutes as mentioned therein. Sub-Section (2) of Section 174 stip...

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Seizure order of the goods in transit under GST, whether an appealable order

Gati-Kintetsu Express (P) Ltd. Vs Assistant Commissioner of State Tax & Ors. (Calcutta High Court)

Gati-Kintetsu Express (P) Ltd. Vs Asstt. CST (Calcutta High Court) Section 121 is an exception to section 107 of the Act of 2017. While Section 107 of the Act of 2017 makes every decision or order passed under the Act of 2017 to be appealable, section 121 makes an exception thereto and states that, few […]...

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Return filed in response to notice U/s. 153A(1)(a) eligible for Section 139(3) benefits

Shrikant Mohta Vs CIT (Calcutta High Court)

Where no return was filed by assessee within statutory mandated time and the obligation to file any return remains suspended till such time that a notice was issued for such purpose under section 153A(1)(a), such return would be deemed to have been filed within the time permitted under section 139(1) and benefit under section 139(3) could...

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Non-issuance of notice U/s. 143(2) & Applicability of section 292BB

PCIT Vs Oberoi Hotels Pvt. Ltd. (Calcutta High Court)

PCIT Vs Oberoi Hotels Pvt. Ltd. (Calcutta High Court) Section 292BB does not dispense with issuance of any notice that is mandated to be issued under the Act, but merely cures the defect of service of such notice if an objection in such regard is not taken before completion of assessment or reassessment as time […]...

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PILCOM can be treated as Agent of Non-Resident Cricket Boards & Players

Director of Income Tax Vs Board of Control for Cricket in Sri Lanka & Ors. (Calcutta High Court)

Director of Income Tax Vs Board of Control for Cricket in Sri Lanka & Ors. (Calcutta High Court) In 1996, the Cricket World Cup tournament was held in the sub-continent. Sri Lanka won it, for the only time, in history. The International Cricket Council (ICC) has its head quarters in London. It is the organisation […]...

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A transaction fully supported by documentary evidences cannot be brushed aside on suspicion & surmises

Commissioner of income tax Vs M/s. Alpine investments (Calcutta High Court)

CIT Vs M/s. Alpine investments (Calcutta High Court) Section 68 Bogus Capital Gains From Penny Stocks:  It appears that the share loss and the whole transactions were supported by contract notes, bills and were carried out through recognized stockbroker of the Calcutta Stock Exchange and all the payments made to the stockbroker and all t...

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Calcutta HC grants Bail to GST Defaulters in Fake GST Invoice Case

Sanjay Kumar Bhuwalka Vs Union of India (Calcutta High Court)

Sanjay Kumar Bhuwalka Vs UOI (Calcutta High Court) Calcutta High Court granted bail to the Alleged GST defaulters for alleged GST evasion by issuing  fake invoices. Mr. Moitra submits with regard to the statutory right of the petitioners to be released on bail with reference to provisions of Section 167 of the Code of Criminal Procedure...

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Lottery can be charged to GST under CGST Act, 2017: Calcutta HC

Teesta Distributors & Ors. Vs Union of India & Ors. (Calcutta High Court)

Teesta Distributors & Ors. Vs Union of India & Ors. (Calcutta High Court) The following issues have arisen for consideration:- i) Is lottery a ‘goods’ or an ‘actionable claim’? It has held that, a lottery is in essential a chance for a prize, the sale of a lottery ticket can only be a sale of […]...

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