Calcutta High Court

Lump sum alimony is a capital receipt and therefore not taxable

Shrimati Roma Sengupta Vs. CIT (Calcutta High Court)

The Bombay High Court held that the monthly alimony amounted to taxable income in the hands of the assessee. However, the lump sum alimony was in the nature of capital receipt. ...

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No Service Tax on Dada for writing articles, anchoring TV shows, playing IPL matches & Brand Endorsement

Sourav Ganguly -Vs.- Union of India & Ors. (Calcultta High Court)

The petitioner is a cricketer and is a former captain of the Indian Cricket Team. He participated in the IPL Cricket tournament held in India as a member of the Kolkata Knight Rider Team. At all material times he acted and still acts as brand ambassador for various products. He also acted as anchor in […]...

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Interest U/s. 244A on Excess self Assessment Tax Payment cannot be denied

CIT Vs Birla Corporation Limited (Calcutta High Court)

scope of section 154 does not extend to a debatable issue and hence the assessing officer in exercise of power u/s 154 could not have withdrawn the interest u/s 244A(1)(b) on the refund of excess self assessment tax....

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S.244A Interest payable on refund of excess self assessment tax

CIT Vs Birla Corporation Limited (Calcutta High Court)

Calcutta High Court held In the case of ADIT vs. Sh. Dhan Singh Sharma that clause 244A (1) (b) is residual in nature which prescribes interest on refund from the date of payment of tax in cases which are not covered by Section 244A (1) (a). Necessarily, it will cover interest on refund of excess self-assessment tax paid by the assessee....

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Enduring benefit test cannot be applied mechanically on software expenses

Indian Aluminum Company Ltd. Vs CIT (Calcutta High Court)

HC held that application software is an aid in the business operations rather than the tool itself. Therefore, the payment for such application software, though there is an enduring benefit, does not result in acquisition of any capital asset and it merely enhances the productivity or efficiency and hence, has to be treated as revenue exp...

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Revision based on wrong premise of CIT not sustainable

CIT Vs Binani Cement Ltd. (Calcutta High Court)

Once it is clear that the assessee had correctly debited the profit and loss account for the loss arising out of the transfer of investment division, there remains no difficulty in realizing that the CIT proceeded on a wrong premise which was responsible for exercise of jurisdiction under Section 263 which he would not have done if he had...

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Calcutta High Court stays Service Tax on Senior Advocate

Bar Association, High Court, Calcutta & Anr. Vs Union Of India & Ors (Calcutta High Court)

The petitioner is a designated Senior Advocate practising in this Court and challenges notifications bearing nos. 9/2016 and 18/2016, both dated March 1, 2016, seeking to amend previous notifications of June 30, 2012 pertaining to service tax....

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Depreciation allowable for suspended period of business for reasons not attributable to Assessee

M/s Budge Budge Company Ltd Vs CIT (Calcutta High Court)

Calcutta High Court Held in the case of M/s Budge Budge Company Ltd Vs CIT if the business had been suspended for some period of time without any malice contention of the assesse and the plant was still ready for use during that suspended period also...

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Disclosure of Income after Search at sister concerns office cannot be called voluntary

CIT Vs Balampur Chini Mills Pvt Ltd. (Calcutta High Court)

High Court Calcutta held in CIT Vs Balampur Chini Mills Pvt Ltd that even if the assesse had voluntary disclosed its income by filing revised ROI though not detected by the revenue during scrutiny proceedings u/s 143(3), penalty u/s 272(1)(c) would be levied. ...

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Some procedural omission/ mistake will not make the whole proceedings invalid

CIT Vs Shri Shyamal Sarkar (Calcutta High Court)

Calcutta High Court held In the case of CIT vs. Shri Shyamal Sarkar that there is a presumption in law that all official and judicial acts were regularly performed. In this case, this presumption is supported by the fact that the assessee had paid the fees of the auditor. ...

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June 2021