Calcutta High Court

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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GST Confiscation proceedings with notice to driver of Vehicle is valid: HC

Jaspal Singh Vs Assistant Commissioner of State Tax (Calcutta High Court)

It appears that, the petitioner as the owner was well aware of the confiscation proceedings. At such proceedings, the petitioner did not appear either before the adjudicating authority or the appellate authority or before the Writ Court claiming that, the proceedings stand vitiated by lack of notice to the petitioner. The driver of the ve...

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Stock valuation method can be changed to compute Actual Income/loss

United Bank of India Vs CIT (Calcutta High Court)

United Bank of India Vs CIT (Calcutta High Court) The present accounting principle being followed by the bank is valuation of the closing stock on cost or market value whichever is lower. They want to apply this principle to the stock in trade acquired in the financial year i.e. 1984-85 prior to the assessment year […]...

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Payment of one-time fee to continue mining business: capital expenditure or revenue?

Principal commissioner of income tax Vs rungta mines ltd. (Calcutta High Court)

PCIT Vs Rungta Mines Ltd (Calcutta High Court) The legal issue that the Revenue seeks to assert is as to whether the payment of the net present value by an assessee engaged in mining for use of forest land for mining purpose would be a capital expenditure or a revenue expenditure. It is not in […]...

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Payment by Tenant for removal of Sub-Tenants from Property is Capital Expenditure

United Spirits Limited Vs Commissioner of Income Tax (Calcutta High Court)

United Spirits Limited Vs CIT (Calcutta High Court) The assessee contends that it was merely in possession of the premises. Litigation was continuing in this Court. They were allowed to retain possession of the premises, by the Court, on payment of occupation charges of Rs. 32,000/- per month. They say that they were not the […]...

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No service tax on Election Photo ID preparation under Photography Services

M/s. Webel Technology Ltd. Vs Commissioner of Service Tax (Calcutta High Court)

Ms. Webel Technology Ltd. Vs Commissioner of Service Tax (Calcutta High Court) Petitioner was awarded two contracts for preparation of Electoral Photo Identity Card (EPIC). The petitioner has suffered the impugned show-cause notice calling upon the petitioner to pay service tax as according to the department, the preparation of EPIC incl...

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