Calcutta High Court

Payment for delayed allotment of plot of land cannot be construed as ‘interest’

Pr. CIT Vs West Bengal Housing Infrastructure Development Corporation Limited (Calcutta High Court)

The issue which falls for decision therefore is whether payment for delayed allotment of a plot of land by the Housing Board to an allottee will fall under the definition of ‘interest’ under section 2 (28A) of the Act....

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AO not bound to follow formula prescribed in rule 8D to compute disallowance u/s. 14A

Pr. CIT Vs  Britannia Industries Ltd. (Calcutta High Court)

Pr. CIT Vs Britannia Industries Ltd (Calcutta High Court) If an assessing officer doubts the quantum of expenditure incurred towards exempted income, is it mandatory for the assessing officer to apply the formula prescribed in rule 8D of the Income Tax Rules, 1962 or can he take a view otherwise? This is the question which is […]...

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AO cannot treat commodity losses as bogus merely because broker was expelled from commodity exchange

Pr. CIT Vs Ms BLB Cables and Conductors Pvt. Ltd. (Calcutta High Court)

Principal CIT Vs Ms Blb Cables And Conductors Pvt. Ltd. (Calcutta High Court) Assessee has incurred losses from the off market commodity transactions and the AO held such loss as bogus and inadmissible in the eyes of the law. The same loss was also confirmed by the ld. CIT(A). However we find that all the […]...

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Only Advocates are authorized to plead and argue on behalf of litigants before court of law

Usha Kanta Das (Deceased) Vs SM. Sefalika Ash (Calcutta High Court)

Only a special class of persons, namely, Advocates enrolled under The Advocates Act, 1961, have been authorised to plead and argue before a court of law, thus, any other person authorized or a recognized agent can do 'other than pleading'....

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Prosecution proceedings justified on failure to disclose foreign bank accounts under Black Money and Imposition of Tax Act, 2015

Shrivardhan Mohta Vs Union of India (Calcutta High Court)

Where assessee was given an opportunity to make the disclosure with regard to foreign bank accounts and the amount lying thereat however assessee failed to avail the  opportunity to make disclosure with regard thereto while submitting his return in the proceedings under search and seizure and also before Settlement Commission, the author...

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Sec. 154 rectification can be invoked in case order of assessment inconsistent with a binding precedent.

Hindustan Lever Limited Vs JCIT (Calcutta High Court)

Where an assessment order not in tuned with the law laid down by a binding precedent, it would amount to an error apparent on the record for the purpose of invoking rectification under section 154....

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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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