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Calcutta High Court

HC imposes cost on AO for issuing notice to non existent company

March 4, 2023 2223 Views 0 comment Print

Orbit Projects Private Limited Vs ITO (Calcutta High Court) Sub- Whether an Assessing officer ignoring the judgement of Calcutta high court in the case of assessee itself issue a fresh notice u/s 148 disregarding the fact that the company in whose name the notice is issued is no longer in existence and for this very […]

Return from a Development Agreement in favour of land owner is capital gain

February 28, 2023 1815 Views 0 comment Print

CIT Vs Machino Techno Sales Ltd. (Calcutta High Court) Whether area sharing by the land owner is eligible to be treated as capital gains in a development agreement and not business income? The division bench of Calcutta high court in this case was considering appeal of department where the ITAT Kolkata benches held that the […]

Section 50C not applies when immovable property compulsorily acquired by Government

February 26, 2023 4701 Views 0 comment Print

PCIT Vs Durgapur Projects Limited (Calcutta High Court) Whether provisions of Section 50C can be applied when the immovable property is compulsorily acquired by the Government? Whether the definition of transfer u/s 2(47) can be considered for applying Section 50C or only when the transfer involves payment of stamp duty that the provisions of Section […]

Corporation failed to establish involvement of company in advertising its product without permission

February 22, 2023 1047 Views 0 comment Print

Calcutta High Court dismissed the petition of Kolkata Municipal Corporation in absence of any evidence proving establishing direct or indirect involvement of the respondent company to have advertised its product without permission.

Change in classification of Tariff Heading for availing lower Tariff rate benefit is not allowable

February 19, 2023 2109 Views 0 comment Print

Calcutta High Court held that petitioner not allowed to change the classification of Tariff Heading for availing lower rate of Tariff under GST regime as petitioner never contested classification under Central Excise Tariff Act and enjoyed Duty Drawback accordingly.

High Court permits GST appeal filing after expiry of statutory period

February 19, 2023 2565 Views 0 comment Print

Debson Pumps Pvt. Ltd. Vs Assistant Commissioner of State Tax (Calcutta High Court) High Court permitted the petitioner to file an appeal after the expiry of statutory period after condoning the delay. FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT 1. This application has been filed to condone the delay of 109 days in […]

Opportunity of hearing to be granted prior to cancellation of GST registration for non-filing of GST return

February 18, 2023 1581 Views 0 comment Print

Calcutta High Court held that non-filing of GST return vis-à-vis cancellation of GST registration, an opportunity of hearing should be granted to the petitioner who failed to file the GST return as incurred heavy loss and accordingly was under tremendous mental stress.

GST- HC condoned delay in statutory Appeal under GST Act

February 17, 2023 1980 Views 0 comment Print

Sikha Debnath Vs Assistant Commissioner of State Tax (Calcutta High Court) Honorable Calcutta High Court at Circuit Bench at Jalpaiguri , Hon’ble JUSTICE BIBEK CHAUDHURI in WPA 304 of 2023, was pleased to pass an order and condoned the delay in filing a Goods and Services Tax (GST) Appeal by the petitioner-Sikha Debnath, as only […]

HC grants relief in SVLDRS Scheme 2019 & directs to issue SVLDRS-4 & refund the amount

February 17, 2023 1734 Views 0 comment Print

Millenium Construction and Ors. Vs Designated Committee (Calcutta High Court) Honorable Calcutta High Court, Circuit bench at Jalpaiguri, in case no. WPA 3120 of 2022, order dated 08.02.2023 passed by the Honorable Justice Bibek Chaudhuri ,  quashed the penalty imposed on the petitioner and also directed to repay the amount and directed to issue the […]

Appellate authority not empower to decide on issue which didn’t originate from original authority’s order

February 16, 2023 1899 Views 0 comment Print

Calcutta High Court held that the appellate authority could not have taken a decision on an issue, which did not emanate from the order passed by the original authority.

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