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Calcutta High Court

Custom broker license suspension – Officer issued post-decisional hearing notice drawn offence report – HC directs appointment another officer

April 17, 2023 1026 Views 0 comment Print

Principal Commissioner of Customs Vs Akshoy Kumar Ghosh & Sons (Calcutta High Court) This intra-Court appeal filed by the Revenue is directed against the order dated 01.12.2022 passed by the learned Single Judge in WPA 26090/2022. By the said order the learned Single Bench directed the Chief Principal Chief Commissioner of Customs to appoint another […]

Section 263 cannot be invoked on issue on which AO passed order after considering detailed reply of Assessee

April 15, 2023 918 Views 0 comment Print

PCIT Vs Karan Polymers Pvt. Ltd (Calcutta High Court) Short issue involved in the instant case is whether assumption of jurisdiction by PCIT under Section 263 of the Act was justified. The learned Tribunal noted that the issue based on which the PCIT assumed jurisdiction under Section 263 of the Act was the very same […]

Adjusting repair & maintenance and municipal taxes against rent without agreement is unjustifiable

April 14, 2023 1116 Views 0 comment Print

Calcutta High Court held that adjusting repair and maintenance charges as well as Municipal Taxes against rent payable without specific agreement between landlord and tenant to do so is unjustifiable.

Writ not entertained as efficacious alternative remedy of filing appeal u/s 25 of PMLA Act available

April 13, 2023 2505 Views 0 comment Print

Soumyendra Nath Banerjee Vs Union of India (Calcutta High Court) Calcutta High Court didn’t entertained the writ petition under Article 226 of the Constitution of India as efficacious alternative remedy of appeal before the Appellate Authority under section 25 of PMLA Act, 2002 available. Facts- The petitioner is aggrieved by an order of provisional attachment […]

Motor Accident Award computation without multiplying amount with multiplier is unjustifiable

April 12, 2023 1962 Views 0 comment Print

Calcutta High Court held that computation of award amount without multiplying the amount with the multiplier 13 is unjustifiable.

HC quashes GST notice issued in the name of a dead person

April 12, 2023 2697 Views 0 comment Print

GST order dated 3rd August, 2022 is quashed on the ground that the same has been issued in the name of a dead person.

Invocation of revision jurisdiction u/s 263 ignoring order passed u/s 153A unjustified

April 11, 2023 2292 Views 0 comment Print

Calcutta High Court held that invocation of revisional jurisdiction by PCIT u/s 263 of the Income Tax Act ignoring the order passed u/s 153A of the Income Tax Act as immaterial and irrelevant unjustified.

Obligation u/r 6(2) of CCR fulfilled by availing 85% credit on common input service

April 11, 2023 717 Views 0 comment Print

Calcutta High Court held that by availing only 85% of credit on common input service, obligation under rule 6(2) of Cenvat Credit Rules, 2004 (CCR) is fulfilled.

Mere use of foreign word is immaterial to fall within ambit of international transaction

April 7, 2023 846 Views 0 comment Print

Calcutta High Court held that mere usage of foreign word does not make it automatic to fall within the ambit of an international transaction.

Carrying of physical copy of Invoice is mandatory – Soft copy is not valid: HC

April 6, 2023 143292 Views 0 comment Print

J. K. Jain Buildtech India Pvt. Ltd. Vs Assistant Commissioner (Calcutta High Court) The principal ground on which the petitioner was defeated before the appellate authority was that the petitioner could not produce the relevant invoices in physical form. Mr. Sandip Choraria, learned counsel appearing for the petitioner referring to Rule 138A of the Central […]

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